US (United States) Code. Title 14. Part III. Chapter 21: Coast Guard Reserve

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Coast Guard

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-CITE-

14 USC CHAPTER 21 - COAST GUARD RESERVE 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

.

-HEAD-

CHAPTER 21 - COAST GUARD RESERVE

-MISC1-

SUBCHAPTER A

GENERAL

Sec.

701. Organization.

702. Authorized strength.

703. Coast Guard Reserve Boards.

704. Grades and ratings; military authority.

705. Benefits.

706. Temporary members of the Reserve; eligibility and

compensation.

707. Temporary members of the Reserve; disability or death

benefits.

708. Temporary members of the Reserve; certificate of honorable

service.

709. Reserve student aviation pilots; reserve aviation pilots;

appointments in commissioned grade. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

709a. Reserve student pre-commissioning assistance program.

710. Appointment or wartime promotion; retention of grade upon

release from active duty.

711. Exclusiveness of service.

712. Active duty for emergency augmentation of regular forces.

713. Enlistment of members engaged in schooling.

SUBCHAPTER B

COMMISSIONED OFFICERS

720. Definitions.

721. Applicability of this subchapter.

722. Suspension of this subchapter in time of war or national

emergency.

723. Effect of this subchapter on retirement and retired pay.

724. Authorized number of officers.

725. Precedence.

726. Running mates.

727. Constructive credit upon initial appointment.

728. Promotion of Reserve officers on active duty.

729. Promotion; recommendations of selection boards.

730. Selection boards; appointment.

731. Establishment of promotion zones under running mate system.

732. Eligibility for promotion.

733. Recommendation for promotion of an officer previously removed

from an active status.

734. Qualifications for promotion.

735. Promotion; acceptance; oath of office.

736. Date of rank upon promotion; entitlement to pay.

737. Type of promotion; temporary.

738. Effect of removal by the President or failure of consent of

the Senate.

739. Failure of selection for promotion.

740. Failure of selection and removal from active status. (FOOTNOTE

2)

(FOOTNOTE 2) So in original. Does not conform to section

catchline.

741. Retention boards; removal from an active status to provide a

flow of promotion.

742. Maximum ages for retention in an active status.

743. Rear admiral and rear admiral (lower half); maximum service in

grade.

744. Appointment of a former Navy or Coast Guard officer.

745. Grade on entry upon active duty.

746. Recall of a retired officer; grade upon release.

AMENDMENTS

2002 - Pub. L. 107-295, title IV, Sec. 413(b), Nov. 25, 2002, 116

Stat. 2120, added item 709a.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

502(b)(2)(B)), Oct. 30, 2000, 114 Stat. 1654, 1654A-100,

substituted ''Establishment of promotion zones under running mate

system'' for ''Placement in promotion zone; consideration for

promotion'' in item 731.

1985 - Pub. L. 99-145, title V, Sec. 514(c)(3)(B), Nov. 8, 1985,

99 Stat. 629, substituted ''rear admiral (lower half)'' for

''commodore'' in item 743.

1983 - Pub. L. 97-417, Sec. 2(17)(B), Jan. 4, 1983, 96 Stat.

2087, inserted ''and commodore'' after ''Rear admiral'' in item

743.

1982 - Pub. L. 97-295, Sec. 2(22), Oct. 12, 1982, 96 Stat. 1303,

inserted ''previously removed from an active status'' in item 733.

1981 - Pub. L. 97-136, Sec. 6(c)(3), Dec. 29, 1981, 95 Stat.

1706, substituted ''Exclusiveness of service'' for ''Exemption from

military training and draft; exclusiveness of service'' in item

711.

1980 - Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002,

revised analysis generally by adding items 701 to 713 and 720 to

746, and by omitting items 751 to 765, undesignated center heading

''Commissioned Officers'' following item 765, and items 770 to 798.

1974 - Pub. L. 93-283, Sec. 1(14), May 14, 1974, 88 Stat. 141,

added items 765 and 796 to 798.

1972 - Pub. L. 92-479, Sec. 2, Oct. 9, 1972, 86 Stat. 795, added

item 764.

1962 - Pub. L. 87-704, Sec. 1(b), Sept. 27, 1962, 76 Stat. 633,

added item 763.

Pub. L. 87-649, Sec. 7(d), Sept. 7, 1962, 76 Stat. 495,

substituted ''Benefits'' for ''Pay, allowances, and other

benefits'' in item 755.

1960 - Pub. L. 86-559, Sec. 2(4), June 30, 1960, 74 Stat. 281,

added item 787a.

1958 - Pub. L. 85-861, Sec. 5(3), Sept. 2, 1958, 72 Stat. 1555,

added heading ''Commissioned Officers'' and items 770 to 795.

1956 - Act Aug. 10, 1956, ch. 1041, Sec. 15(b), 16(b), 70A Stat.

625, 626, added items 751a, 752a, 753a, 758a, and 759a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 sections 10114, 12645,

12646.

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14 USC SUBCHAPTER A 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

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-HEAD-

SUBCHAPTER A

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14 USC general 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

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general

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14 USC Sec. 701 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 701. Organization

-STATUTE-

The Coast Guard Reserve is a component of the Coast Guard. It

shall be organized, administered, trained, and supplied under the

direction of the Commandant.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 751a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

WOMEN'S BRANCH OF THE COAST GUARD RESERVE

Pub. L. 93-174, Sec. 3, Dec. 5, 1973, 87 Stat. 692, provided

that: ''Effective upon enactment of this Act (Dec. 5, 1973), all

members of the women's branch of the Coast Guard Reserve who were

serving on active or inactive duty on the day before enactment

shall become members of the Coast Guard Reserve without loss of

grade, rate, date of rank, or other benefits earned by their prior

service.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 10114.

-CITE-

14 USC Sec. 702 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 702. Authorized strength

-STATUTE-

(a) The President shall prescribe the authorized strength of the

Coast Guard Reserve if not otherwise prescribed by law.

(b) Subject to the authorized strength of the Coast Guard

Reserve, the Secretary shall determine, at least annually, the

authorized strength in numbers in each grade necessary to provide

for mobilization requirements. Without the consent of the member

concerned, a member of the reserve may not be reduced in grade

because of the Secretary's determination.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 752a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

COAST GUARD RESERVE COMPONENTS TRANSITION INITIATIVES

Pub. L. 103-160, title V, Sec. 564(a), (b), Nov. 30, 1993, 107

Stat. 1669, 1670, provided that:

''(a) Applicability of Certain Benefits. - The Secretary of

Transportation shall prescribe such regulations as necessary so as

to apply to the members of the Coast Guard Reserve the provisions

of subtitle B of title XLIV of the Defense Conversion,

Reinvestment, and Transition Assistance Act of 1992 (division D of

Public Law 102-484; 106 Stat. 2712) (enacting section 1331a (now

12731a) of Title 10, Armed Forces, amending sections 1174a, 1175,

and 2133 of Title 10 and section 3012 of Title 38, Veterans'

Benefits, and enacting provisions set out as a note under section

12681 of Title 10), including the amendments made by those

provisions. For purposes of the application of any of such

provisions to the Coast Guard Reserve, any reference in those

provisions to the Secretary of Defense or Secretary of a military

department shall be treated as referring to the Secretary of

Transportation.

''(b) Regulations. - Regulations prescribed for the purposes of

this section shall to the extent practicable be identical to the

regulations prescribed by the Secretary of Defense under those

provisions.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

-CITE-

14 USC Sec. 703 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 703. Coast Guard Reserve Boards

-STATUTE-

(a) The Secretary shall convene a Coast Guard Reserve Policy

Board at least annually to consider, recommend, and report to the

Secretary on reserve policy matters. At least one-half of the

members of the Board shall be Reserve officers.

(b) The Secretary may convene any other Reserve Board the

Secretary considers necessary.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 753a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 704 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 704. Grades and ratings; military authority

-STATUTE-

The grades and ratings in the Reserve, including cadets but not

grades above rear admiral, are those prescribed by law or

regulation for the Coast Guard. A member of the Reserve on active

duty or inactive-duty training has the same authority, rights, and

privileges in the performance of that duty as a member of the

Regular Coast Guard of corresponding grade or rating.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 754 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 705 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 705. Benefits

-STATUTE-

(a) A member of the Reserve on active duty, on inactive-duty

training, or engaged in authorized travel to or from that duty, is

entitled to the same benefits as a member of the Naval Reserve of

corresponding grade, rating, and length of service. In determining

length of service for the purpose of this section, there shall be

included all service for which credit is given by law to members of

the Regular Coast Guard.

(b) Chapter 13 of this title applies to a member of the Reserve

under the same conditions and limitations as it applies to a member

of the Regular Coast Guard.

(c) A member of the Reserve who suffers sickness, disease,

disability, or death is entitled to the same benefits as prescribed

by law for a member of the Naval Reserve who suffers sickness,

disease, disability, or death under similar conditions.

(d) A member of the Reserve on active duty or when retired for

disability is entitled to the benefits of section 253(a) of title

42. A member of the Reserve when on active duty (other than for

training) or when retired for disability is entitled to the

benefits of chapter 55 of title 10.

(e) A member of the Reserve, except an enlisted member retiring

on the basis of years of active service, is entitled to the same

retirement rights, benefits, and privileges as prescribed by law

for a member of the Naval Reserve, and wherever a law confers

authority upon the Secretary of the Navy, similar authority is

given to the Secretary to be exercised with respect to the Coast

Guard when the Coast Guard is not operating as a service in the

Navy. An enlisted member of the Reserve who retires on the basis of

years of active service is entitled to the same retirement rights,

benefits, and privileges as prescribed by law for an enlisted

member of the Regular Coast Guard.

(f) A member of the Coast Guard Reserve not on active duty who is

enrolled in an officer candidate program authorized by section

12209 of title 10 leading to a commission in the Coast Guard

Reserve, and is a full-time student in an accredited college

curriculum leading to a bachelor's degree may be paid a subsistence

allowance for each month of the member's academic year at the same

rate as that prescribed by section 209(a) of title 37.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1003; amended

Pub. L. 97-417, Sec. 1, Jan. 4, 1983, 96 Stat. 2085; Pub. L.

104-106, div. A, title XV, Sec. 1501(e)(1)(A), Feb. 10, 1996, 110

Stat. 501.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 755 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-106 substituted ''12209 of title

10'' for ''600 of title 10''.

1983 - Subsec. (f). Pub. L. 97-417 added subsec. (f).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

-CITE-

14 USC Sec. 706 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 706. Temporary members of the Reserve; eligibility and

compensation

-STATUTE-

A citizen of the United States, its territories, or possessions

who is a member of the Auxiliary, an officer or member of the crew

of a motorboat or yacht placed at the disposal of the Coast Guard,

or a person (including a Government employee without pay other than

the compensation of that person's civilian position) who by reason

of special training and experience is considered by the Commandant

to be qualified for duty, may be enrolled by the Commandant as a

temporary member of the Reserve, for duty under conditions the

Commandant may prescribe, including part-time and intermittent

active duty with or without pay, without regard to age. The

Commandant is authorized to define the powers and duties of

temporary members of the Reserve, and to confer upon them,

appropriate to their qualifications and experience, the same grades

and ratings as provided for members of the Reserve. When performing

active duty with pay as authorized by this section, temporary

members of the reserve are entitled to receive the pay and

allowances of their rank, grade, or rating.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1004.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 756 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 707 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 707. Temporary members of the Reserve; disability or death

benefits

-STATUTE-

(a) If a temporary member of the Reserve is physically injured,

or dies as a result of physical injury, and the injury is incurred

incident to service while performing active duty, or engaged in

authorized travel to or from that duty, the law authorizing

compensation for employees of the United States suffering injuries

while in the performance of their duties, applies, subject to this

section. That law shall be administered by the Secretary of Labor

to the same extent as if the member was a civil employee of the

United States and was injured in the performance of that duty. For

benefit computation, regardless of pay or pay status, the member is

considered to have had monthly pay of the monthly equivalent of the

minimum rate of basic pay in effect for grade GS-9 of the General

Schedule on the date the injury is incurred.

(b) This section does not apply if the workmen's compensation law

of a State, a territory, or another jurisdiction provides coverage

because of a concurrent employment status of the temporary member.

When the temporary member or a dependent is entitled to a benefit

under this section and also to a concurrent benefit from the United

States on account of the same disability or death, the temporary

member or dependent, as appropriate, shall elect which benefit to

receive.

(c) If a claim is filed under this section with the Secretary of

Labor for benefits because of an alleged injury or death, the

Secretary of Labor shall notify the Commandant who shall direct an

investigation into the facts surrounding the alleged injury or

death. The Commandant shall then certify to the Secretary of Labor

whether or not the injured or deceased person was a temporary

member of the Reserve, the person's military status, and whether or

not the injury or death was incurred incident to military service.

(d) A temporary member of the Reserve, who incurs a physical

disability or contracts sickness or disease while performing a duty

to which the member has been assigned by competent authority, is

entitled to the same hospital treatment afforded a member of the

Regular Coast Guard.

(e) In administering section 8133 of title 5, for a person

covered by this section -

(1) the percentages applicable to payments under that section

are -

(A) 45 percent under subsection (a)(2) of that section, where

the member died fully or currently insured under title II of

the Social Security Act (42 U.S.C. 401 et seq.), with no

additional payments for a child or children so long as the

widow or widower remains eligible for payments under that

subsection;

(B) 20 percent under subsection (a)(3) of that section, for

one child, and 10 percent additional for each additional child,

not to exceed a total of 75 percent, where the member died

fully or currently insured under title II of the Social

Security Act; and

(C) 25 percent under subsection (a)(4) of that section, if

one parent was wholly dependent for support upon the deceased

member at the time of the member's death and the other was not

dependent to any extent; 16 percent to each if both were wholly

dependent; and if one was, or both were, partly dependent, a

proportionate amount in the discretion of the Secretary of

Labor;

(2) payments may not be made under subsection (a)(5) of that

section; and

(3) the Secretary of Labor shall inform the Commissioner of

Social Security whenever a claim is filed and eligibility for

compensation is established under subsection (a)(2) or (a)(3) of

section 8133 of title 5. The Commissioner of Social Security

shall then certify to the Secretary of Labor whether or not the

member concerned was fully or currently insured under title II of

the Social Security Act at the time of the member's death.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1004; amended

Pub. L. 97-136, Sec. 8(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L.

97-295, Sec. 2(21), Oct. 12, 1982, 96 Stat. 1303; Pub. L. 103-296,

title I, Sec. 108(g), Aug. 15, 1994, 108 Stat. 1487.)

-REFTEXT-

REFERENCES IN TEXT

The law authorizing compensation for employees of the United

States, referred to in subsec. (a), appears in subchapter I (Sec.

8101 et seq.) of chapter 81 of Title 5, Government Organization and

Employees.

The General Schedule, referred to in subsec. (a), is set out

under section 5332 of Title 5.

The Social Security Act, referred to in subsec. (e)(1)(A), (B),

(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Title II of the Social Security Act is classified generally to

subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see section 1305 of Title 42 and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 760 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1994 - Subsec. (e)(3). Pub. L. 103-296 substituted ''Commissioner

of Social Security'' for ''Secretary of Health and Human Services''

in two places.

1982 - Subsec. (e)(1). Pub. L. 97-295, Sec. 2(21)(A), substituted

''percent'' for ''per centum'' wherever appearing.

Subsec. (e)(1)(A). Pub. L. 97-295, Sec. 2(21)(B), inserted ''(42

U.S.C. 401 et seq.)'' after ''Social Security Act''.

1981 - Subsec. (a). Pub. L. 97-136 substituted ''monthly pay of

the monthly equivalent of the minimum rate of basic pay in effect

for grade GS-9 of the General Schedule on the date the injury is

incurred'' for ''monthly pay of $600''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 8(b) of Pub. L. 97-136 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply only

with respect to payments for benefits under section 707(a) of title

14, United States Code, for months beginning on or after the date

of the enactment of this Act (Dec. 29, 1981).''

-CITE-

14 USC Sec. 708 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 708. Temporary members of the Reserve; certificate of

honorable service

-STATUTE-

In recognition of the service of temporary members of the

Reserve, the Secretary may upon request issue an appropriate

certificate of honorable service in lieu of a certificate of

disenrollment issued to any person following disenrollment under

honorable conditions from service as a temporary member. Issuance

of a certificate of honorable service to any person under this

section does not entitle that person to any rights, privileges, or

benefits under any law of the United States.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1005.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 763 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 709 01/06/03

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TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 709. Reserve student aviation pilots; Reserve aviation pilots;

appointments in commissioned grade

-STATUTE-

(a) Under regulations prescribed by the Secretary an enlisted

member of the Reserve may be designated as a student aviation

pilot.

(b) A member who is not a qualified aviator may not be designated

as a student aviation pilot unless the member agrees in writing to

serve on active duty for a period of two years after successful

completion of flight training, unless sooner released. A student

aviation pilot may be released from active duty or discharged at

any time as provided for in the regulations prescribed by the

Secretary.

(c) A student aviation pilot who is a qualified civilian aviator

may be given a brief refresher course in flight training.

(d) A student aviation pilot undergoing flight training is

entitled to have uniforms and equipment provided at Government

expense.

(e) Under regulations prescribed by the Secretary, a student

aviation pilot may be designated an aviation pilot upon the

successful completion of flight training.

(f) In time of peace, an aviation pilot obligated under

subsection (b) to serve on active duty for two years may serve for

an additional period of not more than two years.

(g) An aviation pilot may be released from active duty or

discharged at any time as provided for in the regulations

prescribed by the Secretary.

(h) If qualified under regulations prescribed by the Secretary,

an aviation pilot may be appointed as an ensign in the Reserve.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1005.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 758a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 709a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 709a. Reserve student pre-commissioning assistance program

-STATUTE-

(a) The Secretary may provide financial assistance to an eligible

enlisted member of the Coast Guard Reserve, not on active duty, for

expenses of the member while the member is pursuing on a full-time

basis at an institution of higher education a program of education

approved by the Secretary that leads to -

(1) a baccalaureate degree in not more than 5 academic years;

or

(2) a post-baccalaureate degree.

(b)(1) To be eligible for financial assistance under this

section, an enlisted member of the Coast Guard Reserve shall -

(A) be enrolled on a full-time basis in a program of education

referred to in subsection (a) at any institution of higher

education; and

(B) enter into a written agreement with the Coast Guard

described in paragraph (2).

(2) A written agreement referred to in paragraph (1)(B) is an

agreement between the member and the Secretary in which the member

agrees -

(A) to accept an appointment as a commissioned officer in the

Coast Guard Reserve, if tendered;

(B) to serve on active duty for up to five years; and

(C) under such terms and conditions as shall be prescribed by

the Secretary, to serve in the Coast Guard Reserve until the

eighth anniversary of the date of the appointment.

(c) Expenses for which financial assistance may be provided under

this section are the following:

(1) Tuition and fees charged by the institution of higher

education involved.

(2) The cost of books.

(3) In the case of a program of education leading to a

baccalaureate degree, laboratory expenses.

(4) Such other expenses as are deemed appropriate by the

Secretary.

(d) The amount of financial assistance provided to a member under

this section shall be prescribed by the Secretary, but may not

exceed $25,000 for any academic year.

(e) Financial assistance may be provided to a member under this

section for up to 5 consecutive academic years.

(f) A member who receives financial assistance under this section

may be ordered to active duty in the Coast Guard Reserve by the

Secretary to serve in a designated enlisted grade for such period

as the Secretary prescribes, but not more than 4 years, if the

member -

(1) completes the academic requirements of the program and

refuses to accept an appointment as a commissioned officer in the

Coast Guard Reserve when offered;

(2) fails to complete the academic requirements of the

institution of higher education involved; or

(3) fails to maintain eligibility for an original appointment

as a commissioned officer.

(g)(1) If a member requests to be released from the program and

the request is accepted by the Secretary, or if the member fails

because of misconduct to complete the period of active duty

specified, or if the member fails to fulfill any term or condition

of the written agreement required to be eligible for financial

assistance under this section, the financial assistance shall be

terminated. The Secretary may request the member to reimburse the

United States in an amount that bears the same ratio to the total

costs of the education provided to that member as the unserved

portion of active duty bears to the total period of active duty the

member agreed to serve. The Secretary shall have the option to

order such reimbursement without first ordering the member to

active duty. An obligation to reimburse the United States imposed

under this paragraph is a debt owed to the United States.

(2) The Secretary may waive the service obligated under

subsection (f) of a member who becomes unqualified to serve on

active duty due to a circumstance not within the control of that

member or who is not physically qualified for appointment and who

is determined to be unqualified for service as an enlisted member

of the Coast Guard Reserve due to a physical or medical condition

that was not the result of the member's own misconduct or grossly

negligent conduct.

(3) A discharge in bankruptcy under title 11 that is entered less

than 5 years after the termination of a written agreement entered

into under subsection (b) does not discharge the individual signing

the agreement from a debt arising under such agreement or under

paragraph (1).

(h) As used in this section, the term ''institution of higher

education'' has the meaning given that term in section 101 of the

Higher Education Act of 1965 (20 U.S.C. 1001).

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 413(a), Nov. 25, 2002, 116

Stat. 2119.)

-CITE-

14 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 710. Appointment or wartime promotion; retention of grade upon

release from active duty

-STATUTE-

(a) A member of the Reserve on active duty, who is appointed or

promoted under section 214 or 275 of this title, is entitled upon

release from that duty to the highest grade satisfactorily held by

reason of that appointment or promotion. The Secretary shall

determine the highest grade satisfactorily held.

(b) Unless otherwise entitled to a higher grade, a member

recalled to active duty shall be recalled in the grade in which

released under subsection (a).

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 759a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 711. Exclusiveness of service

-STATUTE-

No member of the Reserve, other than a temporary member, may be a

member of another military organization. A temporary member of the

Reserve who is a member of another military component shall, if

ordered to active duty therein, be disenrolled as a temporary

member of the Reserve.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006; amended

Pub. L. 97-136, Sec. 6(c)(1), (2), Dec. 29, 1981, 95 Stat. 1706.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 757 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1981 - Pub. L. 97-136 struck out provision that a member of the

Reserve, other than a temporary member, is exempt from registration

and liability for military training and service under any other

law, and substituted ''Exclusiveness of service'' for ''Exemption

from military training and draft; exclusiveness of service'' in

section catchline.

-CITE-

14 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 712. Active duty for emergency augmentation of regular forces

-STATUTE-

(a) Notwithstanding another law, and for the emergency

augmentation of the Regular Coast Guard forces during a serious

natural or manmade disaster, accident, or catastrophe, the

Secretary may, without the consent of the member affected, order to

active duty of not more than thirty days in any four-month period

and not more than sixty days in any two-year period an organized

training unit of the Coast Guard Ready Reserve, a member thereof,

or a member not assigned to a unit organized to serve as a unit.

(b) Under the circumstances of the domestic emergency involved, a

reasonable time shall be allowed between the date when a Reserve

member ordered to active duty under this section is alerted for

that duty and the date when the member is required to enter upon

that duty. Unless the Secretary determines that the nature of the

domestic emergency does not allow it, this period shall be at least

two days.

(c) Active duty served under this section -

(1) satisfies on a day-for-day basis all or a part of the

annual active duty for training requirement of section 10147 of

title 10;

(2) does not satisfy any part of the active duty obligation of

a member whose statutory Reserve obligation is not already

terminated; and

(3) entitles a member while engaged therein, or while engaged

in authorized travel to or from that duty, to all rights and

benefits, including pay and allowances and time creditable for

pay and retirement purposes, to which the member would be

entitled while performing other active duty.

(d) Reserve members ordered to active duty under this section

shall not be counted in computing authorized strength of members on

active duty or members in grade under this title or under any other

law.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1006; amended

Pub. L. 102-241, Sec. 13, Dec. 19, 1991, 105 Stat. 2213; Pub. L.

103-337, div. A, title XVI, Sec. 1677(b)(3), Oct. 5, 1994, 108

Stat. 3020; Pub. L. 104-324, title II, Sec. 204, Oct. 19, 1996, 110

Stat. 3907.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 764 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-324 added subsec. (d).

1994 - Subsec. (c)(1). Pub. L. 103-337 substituted ''section

10147 of title 10'' for ''section 270 of title 10''.

1991 - Subsec. (a). Pub. L. 102-241 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

''Notwithstanding any other law, and for the emergency augmentation

of the Regular Coast Guard forces during a time of serious natural

or manmade disaster, accident, or catastrophe the Secretary may,

subject to approval by the President and without the consent of the

member affected, order to active duty of not more than fourteen

days in any four-month period and not more than thirty days in any

one-year period from the Coast Guard Ready Reserve an organized

training unit, a member thereof, or a member not assigned to a unit

organized to serve as a unit.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 4312.

-CITE-

14 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER A

general

-HEAD-

Sec. 713. Enlistment of members engaged in schooling

-STATUTE-

The initial period of active duty for training required by

section 12103(d) of title 10, may be divided into two successive

annual periods of not less than six weeks each, to permit the

enlistment of a Reserve member without interrupting any full-time

schooling in which the member is engaged.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007; amended

Pub. L. 103-337, div. A, title XVI, Sec. 1677(b)(4), Oct. 5, 1994,

108 Stat. 3020.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 765 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1994 - Pub. L. 103-337 substituted ''section 12103(d) of title

10'' for ''section 511(d) of title 10''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-CITE-

14 USC SUBCHAPTER B 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

.

-HEAD-

SUBCHAPTER B

-CITE-

14 USC commissioned officers 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

.

-HEAD-

commissioned officers

-CITE-

14 USC Sec. 720 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 720. Definitions

-STATUTE-

As used in this subchapter -

(1) ''Reserve officer'' means a commissioned officer in the

Reserve, except an officer excluded by section 721 of this title

or a commissioned warrant officer; and

(2) ''discharged'' means released from an appointment as a

Reserve officer.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 770 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 721 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 721. Applicability of this subchapter

-STATUTE-

This subchapter applies only to the Reserve; except that it does

not apply to a temporary member of the Reserve.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 771 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 720 of this title.

-CITE-

14 USC Sec. 722 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 722. Suspension of this subchapter in time of war or national

emergency

-STATUTE-

In time of war or national emergency declared by Congress, the

President may suspend the operation of this subchapter or any part

hereof. If this subchapter or any part hereof is suspended by the

President, prior to placing the suspended provision in operation,

the President shall by regulation, in so far as practicable, adjust

the grades of Reserve officers in the same manner as adjustments in

grade are made for Regular officers.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 778 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under this section as invoked by section 2

of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended,

delegated to Secretary of Homeland Security by section 5 of Ex.

Ord. No. 13223, set out as a note under section 12302 of Title 10,

Armed Forces.

-CITE-

14 USC Sec. 723 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 723. Effect of this subchapter on retirement and retired pay

-STATUTE-

Except as provided in subsection 746(b) of this title, nothing in

this subchapter authorizes the retirement of a Reserve officer or

the payment of retired, retainer, or severance pay to a Reserve

officer; or affects in any manner the law relating to the

retirement of, or the granting of retired or retainer pay or other

benefits to a Reserve officer.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 795 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 724 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 724. Authorized number of officers

-STATUTE-

(a) The authorized number of officers in the Reserve in an active

status is 5,000. The actual number of Reserve officers in an active

status at any time shall not exceed the authorized number unless

the Secretary determines that a greater number is necessary for

planned mobilization requirements, or unless the excess results

directly from the operation of law.

(b)(1) The authorized number of Reserve officers in an active

status below the grade of rear admiral (lower half) shall be

distributed in grade in the following percentages, respectively:

captain, 1.5; commander, 7.0; lieutenant commander, 22.0;

lieutenant, 37.0; and the combined grades of lieutenant (junior

grade) and ensign, 32.5. When the actual number of Reserve officers

in an active status in a grade is less than the number authorized,

the difference may be applied to increase the authorized number in

a lower grade. A Reserve officer may not be reduced in rank or

grade solely because of a reduction in an authorized number as

provided for in this subsection, or because an excess results

directly from the operation of law.

(2) The authorized number of Reserve Officers in an active status

not on active duty in the grades of rear admiral (lower half) and

rear admiral is a total of two. However, the Secretary of the

department in which the Coast Guard is operating may authorize an

additional number of Reserve officers not on active duty in the

grades of rear admiral (lower half) and rear admiral as necessary

in order to meet planned mobilization requirements.

(c) Deferral of Limitation. - If at the end of any fiscal year

there is in effect a declaration of war or national emergency, the

President may defer the effectiveness of any end-strength

limitation with respect to that fiscal year prescribed by law for

any military or civilian component of the Coast Guard Reserve, for

a period not to exceed 6 months after the end of the war or

termination of the national emergency.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1007; amended

Pub. L. 97-417, Sec. 2(12), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

98-557, Sec. 25(a)(4), Oct. 30, 1984, 98 Stat. 2872; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 107-295, title I, Sec. 105(b), Nov. 25, 2002, 116 Stat. 2085.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 772 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-295 added subsec. (c).

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore'' wherever appearing.

1984 - Subsec. (b). Pub. L. 98-557 designated existing provisions

as par. (1), struck out provisions authorizing number of Reserve

officers in an active status not on active duty in the combined

grades of commodore and rear admiral as two, and added par. (2).

1983 - Subsec. (b). Pub. L. 97-417 substituted ''commodore'' for

''rear admiral'' and ''combined grades of commodore and real

admiral'' for ''grade of rear admiral''.

-CITE-

14 USC Sec. 725 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 725. Precedence

-STATUTE-

(a) Reserve officers rank and take precedence in their respective

grades among themselves and with officers of the same grade on the

active duty promotion list and the permanent commissioned teaching

staff in accordance with their dates of rank. When Reserve

officers and officers on the active duty promotion list or the

permanent commissioned teaching staff have the same date of rank in

a grade, they take precedence as determined by the Secretary.

(b) Notwithstanding any other law, a Reserve officer shall not

lose precedence when transferred to or from the active duty

promotion list, nor shall that officer's date of rank be changed

due to the transfer.

(c) A Reserve officer shall, when on the active duty promotion

list, be promoted in the same manner as any other officer on the

active duty promotion list regardless of the length of active duty

service of the Reserve officer.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1008.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 781 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 726 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 726. Running mates

-STATUTE-

(a) The Secretary shall assign a running mate to each Reserve

officer in an active status not on the active duty promotion list.

The officer initially assigned as a running mate under this section

shall be that officer on the active duty promotion list of the same

grade who is next senior in precedence to the Reserve officer

concerned. An officer who has twice failed of selection or who has

been considered but has not been recommended for continuation under

section 289 of this title shall not be assigned as a running mate

under this section.

(b) A Reserve officer in an active status not on the active duty

promotion list shall be assigned a new running mate as follows:

(1) If a previously assigned running mate is promoted from

below the promotion zone, is removed from the active duty

promotion list, suffers a loss of numbers, fails of selection,

fails to qualify for promotion, or declines an appointment after

being selected for promotion, the new running mate shall be that

officer on the active duty promotion list, of the same grade, who

is next senior to the previous running mate and who is, or may

become, eligible for consideration for promotion. If the

previous running mate was on a list of selectees for promotion,

the new running mate shall be that officer on the active duty

promotion list, of the same grade, who is on a list of selectees

for promotion and who is next senior to the previous running

mate.

(2) If a Reserve officer suffers a loss of numbers, the new

running mate shall be that officer on the active duty promotion

list who, after the loss of numbers has been effected, is the

running mate of the Reserve officer next senior to the Reserve

officer concerned.

(3) If a Reserve officer is considered for promotion and fails

of selection, fails to qualify for promotion, declines an

appointment after being selected for promotion, or has his or her

name removed from a list of selectees for promotion, and that

officer's running mate is promoted, the new running mate shall be

that officer on the active duty promotion list, of the same

grade, who, at the time the previous running mate was considered

for promotion, was next senior to the previous running mate, was

eligible for consideration for promotion, and whose name was not

included on a list of selectees for promotion.

(4) In a situation not expressly covered by this subsection,

the Secretary may assign a new running mate as necessary to

effect the intent of this section that inequitable changes of

precedence do not occur.

(c) A Reserve officer on the active duty promotion list shall, to

the extent practicable and consistent with the limitations imposed

by this section, be assigned as the running mate of all Reserve

officers junior to the officer, who are in an active status not on

the active duty promotion list, and who had a running mate in

common with the officer just prior to the time the officer was

placed on the active duty promotion list.

(d) The Secretary may adjust, as necessary, the date of rank of a

Reserve officer not on active duty so that the date will correspond

with that of the running mate assigned to the officer in accordance

with this section. If an overpayment of pay or allowances results

from adjusting the date of rank, the overpayment is not subject to

recoupment.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1008.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 782 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 727 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 727. Constructive credit upon initial appointment

-STATUTE-

Under regulations prescribed by the Secretary, a person,

appointed as a Reserve officer, may be assigned a date of rank and

precedence which reflects that person's experience, education, or

other qualifications. For the purpose of this subchapter only, a

person appointed for the purpose of assignment or designation as a

law specialist in the reserve shall be credited with a minimum of

three years service in an active status. A person holding a doctor

of philosophy, or a comparable degree, in medicine or in a science

allied to medicine as determined by the Secretary, may be credited

with a minimum of three years service in an active status if

appointed for an assignment comparable to that of an officer in the

Navy Medical Department.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1009.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 773 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 728 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 728. Promotion of Reserve officers on active duty

-STATUTE-

(a) A Reserve officer on active duty, other than for training,

duty on a board, or duty of a limited or temporary nature if

assigned to active duty from an inactive duty status, shall not be

eligible for consideration for promotion under this subchapter; but

shall be considered for promotion under chapter 11 of this title.

If promoted while serving on active duty the officer shall be

considered as having been promoted under this subchapter and shall

be an extra number in the grade to which promoted for the purpose

of grade distribution as prescribed in this subchapter. Upon

release from active duty the officer shall be included in the grade

distribution authorized by this subchapter.

(b) Notwithstanding subsection (a) of this section, a Reserve

officer who has been selected for promotion to the next higher

grade under this subchapter at the time the officer reports for

active duty, shall be promoted to that grade under chapter 11 of

this title.

(c) A Reserve officer who, at the time the officer is released

from active duty, has been selected for promotion to the next

higher grade under chapter 11 of this title, shall be promoted to

that grade as though selected under this subchapter.

(d) A failure of selection for promotion to the next higher grade

occurring under this subchapter or under chapter 11 of this title

shall count for all purposes.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1009.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 791 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 729 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 729. Promotion; recommendations of selection boards

-STATUTE-

(a) Except as otherwise provided by law, a Reserve officer shall

only be promoted pursuant to the recommendation of a selection

board.

(b) The Secretary shall convene selection boards from time to

time to recommend Reserve officers for promotion to the next higher

grade. A board may be convened to consider officers in one or more

grades.

(c) A selection board shall, from among the names of those

eligible Reserve officers submitted to it, recommend for promotion

to the next higher grade:

(1) those officers serving in the grade of lieutenant (junior

grade) or above whom it considers to be best qualified; and

(2) those officers serving in the grade of ensign whom it

considers to be fully qualified.

(d)(1) Before convening a selection board to recommend Reserve

officers for promotion, the Secretary shall establish a promotion

zone for officers serving in each grade to be considered by the

board. The Secretary shall determine the number of officers in the

promotion zone for officers serving in any grade from among

officers who are eligible for promotion in that grade.

(2)(A) Before convening a selection board to recommend Reserve

officers for promotion to a grade (other than the grade of

lieutenant (junior grade)), the Secretary shall determine the

maximum number of officers in that grade that the board may

recommend for promotion.

(B) The Secretary shall make the determination under subparagraph

(A) of the maximum number that may be recommended with a view to

having in an active status a sufficient number of Reserve officers

in each grade to meet the needs of the Coast Guard for Reserve

officers in an active status.

(C) In order to make the determination under subparagraph (B),

the Secretary shall determine the following:

(i) The number of positions needed to accomplish mission

objectives that require officers in the grade to which the board

will recommend officers for promotion.

(ii) The estimated number of officers needed to fill vacancies

in such positions during the period in which it is anticipated

that officers selected for promotion will be promoted.

(iii) The number of officers authorized by the Secretary to

serve in an active status in the grade under consideration.

(iv) Any statutory limitation on the number of officers in any

grade authorized to be in an active status.

(3)(A) The Secretary may, when the needs of the Coast Guard

require, authorize the consideration of officers in a grade above

lieutenant (junior grade) for promotion to the next higher grade

from below the promotion zone.

(B) When selection from below the promotion zone is authorized,

the Secretary shall establish the number of officers that may be

recommended for promotion from below the promotion zone. That

number may not exceed the number equal to 10 percent of the maximum

number of officers that the board is authorized to recommend for

promotion, except that the Secretary may authorize a greater

number, not to exceed 15 percent of the total number of officers

that the board is authorized to recommend for promotion, if the

Secretary determines that the needs of the Coast Guard so require.

If the maximum number determined under this subparagraph is less

than one, the board may recommend one officer for promotion from

below the promotion zone.

(C) The number of officers recommended for promotion from below

the promotion zone does not increase the maximum number of officers

that the board is authorized to recommend for promotion under

paragraph (2).

(e) The law and regulations relating to the selection for

promotion of a commissioned officer of the Regular Coast Guard to

the grades of rear admiral (lower half) and rear admiral apply to a

Reserve officer, except that to be eligible for consideration for

promotion to the grade of rear admiral (lower half) an officer

shall have completed at least ten years commissioned service, of

which the last five years shall have been served in the Coast Guard

Reserve.

(f) The provisions of section 260 of this title apply to boards

convened under this section. The Secretary shall determine the

procedure to be used by a selection board.

(g) The report of a selection board shall be submitted to the

Secretary for review and transmission to the President for

approval. When an officer recommended by a board for promotion is

not acceptable to the President, the President may remove the name

of that officer from the report of the board.

(h) The recommendations of a selection board, as approved by the

President, constitute a list of selectees from which the promotions

of Reserve officers shall be made. An officer on a list of

selectees remains thereon until promoted unless removed by the

President under section 738 of this title. If an existing list of

selectees has not been exhausted by the time a later list has been

approved, all officers remaining on the older list shall be

tendered appointments prior to those on the later list.

(i) A Reserve officer whose name is on a list of selectees for

promotion shall, unless that officer's promotion is lawfully

withheld, be tendered an appointment in the next higher grade on

the date a vacancy occurs, or as soon thereafter as practicable in

the grade to which the officer was selected for promotion or, if

promotion was determined in accordance with a running mate system,

at the same time, or as soon thereafter as practicable, as that

officer's running mate is tendered a similar appointment.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1010; amended

Pub. L. 97-417, Sec. 2(13), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 502(a)), Oct. 30, 2000,

114 Stat. 1654, 1654A-99; Pub. L. 107-295, title IV, Sec. 411(a),

Nov. 25, 2002, 116 Stat. 2118.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 780 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-295 inserted ''on the date a

vacancy occurs, or as soon thereafter as practicable in the grade

to which the officer was selected for promotion or, if promotion

was determined in accordance with a running mate system,'' after

''grade''.

2000 - Subsec. (d). Pub. L. 106-398 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''Before convening a selection board to recommend Reserve officers

for promotion to a grade above lieutenant (junior grade), the

Secretary shall determine the total number of Reserve officers to

be selected for promotion to that grade. The number to be selected

shall normally be equal to the number of vacancies existing in that

grade, plus the number of vacancies anticipated over the next

twelve months, minus the number of officers on the list of

selectees for that grade. The Secretary may, however, prescribe

regulations that provide for the establishment of promotion

opportunity percentages for each grade to ensure that equitable

promotion opportunities exist among successive groups of Reserve

officers being considered for promotion. The number so determined

may not cause the number of Reserve officers in an active status in

a grade to exceed that authorized for the grade concerned.''

1985 - Subsec. (e). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore'' wherever appearing.

1983 - Subsec. (e). Pub. L. 97-417 substituted ''the grades of

commodore and rear admiral'' for ''the grade of rear admiral'', and

inserted ''for promotion to the grade of commodore'' after

''consideration''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 502(c)), Oct.

30, 2000, 114 Stat. 1654, 1654A-100, provided that: ''The

amendments made by this section (amending this section and section

731 of this title) shall apply with respect to selection boards

convened under section 730 of title 14, United States Code, on or

after the date of the enactment of this Act (Oct. 30, 2000).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 731, 738 of this title.

-CITE-

14 USC Sec. 730 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 730. Selection boards; appointment

-STATUTE-

(a) A selection board shall (1) be appointed and convened by the

Secretary; (2) consist of at least 50 per centum Reserve officer

membership, except in the case of a flag officer selection board

where, to the extent practicable, it shall consist of at least 50

per centum Reserve officer membership; (3) consist only of members,

Reserve or Regular, senior in grade to any officer being considered

by that board; and (4) be composed of not less than five members,

which number constitutes a quorum.

(b) A selection board serves for the length of time prescribed by

the Secretary, but no board may serve longer than one year. No

officer may serve on two consecutive selection boards for the same

grade when the second of those boards considers an officer who was

considered, but not recommended for promotion, by the first

selection board.

(c) Each member of a selection board shall swear that he will,

without prejudice or partiality, and having in view both the

special fitness required of officers and the efficiency of the

Coast Guard, perform the duties imposed upon him. Not less than a

majority of the total membership of a selection board shall concur

in each recommendation made by the board.

(d) An officer eligible for consideration for promotion by a

selection board may forward, through official channels, a written

communication inviting the attention of the board to any matter in

the officer's record in the armed forces that, in the opinion of

the officer concerned, is important to the board's consideration.

A communication forwarded under this subsection shall arrive in

time to allow delivery to the board prior to its convening, and may

not criticize or reflect upon the character, conduct, or motive of

any officer.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 775 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 731 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 731. Establishment of promotion zones under running mate

system

-STATUTE-

(a) Authority To Use Running Mate System. - The Secretary may by

regulation implement section 729(d)(1) of this title by requiring

that the promotion zone for consideration of Reserve officers in an

active status for promotion to the next higher grade be determined

in accordance with a running mate system as provided in subsection

(b).

(b) Consideration for Promotion. - If promotion zones are

determined as authorized under subsection (a), a Reserve officer

shall, subject to the eligibility requirements of this subchapter,

be placed in a promotion zone when that officer's running mate is

placed in a promotion zone and shall, in accordance with the

provisions of this subchapter, be considered for promotion at

approximately the same time as that officer's running mate or as

soon thereafter as practicable, or in the event that promotion is

not determined in accordance with a running mate system, then a

Reserve officer becomes eligible for consideration for promotion to

the next higher grade at the beginning of the promotion year in

which he or she completes the following amount of service computed

from the date of rank in the grade in which he or she is serving:

(1) two years in the grade of lieutenant (junior grade);

(2) three years in the grade of lieutenant;

(3) four years in the grade of lieutenant commander;

(4) four years in the grade of commander; and

(5) three years in the grade of captain.

(c) Consideration of Officers Below the Zone. - If the Secretary

authorizes the selection of officers for promotion from below the

promotion zone in accordance with section 729(d)(3) of this title,

the number of officers to be considered from below the zone may be

established through the application of the running mate system

under this subchapter or otherwise as the Secretary determines to

be appropriate to meet the needs of the Coast Guard.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011; amended

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 502(b)(1),

(2)(A)), Oct. 30, 2000, 114 Stat. 1654, 1654A-100; Pub. L. 107-295,

title IV, Sec. 411(b), Nov. 25, 2002, 116 Stat. 2118.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 783 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-295 inserted before period at end

'', or in the event that promotion is not determined in accordance

with a running mate system, then a Reserve officer becomes eligible

for consideration for promotion to the next higher grade at the

beginning of the promotion year in which he or she completes the

following amount of service computed from the date of rank in the

grade in which he or she is serving:

''(1) two years in the grade of lieutenant (junior grade);

''(2) three years in the grade of lieutenant;

''(3) four years in the grade of lieutenant commander;

''(4) four years in the grade of commander; and

''(5) three years in the grade of captain''.

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

502(b)(2)(A)), substituted ''Establishment of promotion zones under

running mate system'' for ''Placement in promotion zone;

consideration for promotion'' as section catchline.

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 502(b)(1)),

added subsec. (a), designated existing provisions as subsec. (b),

inserted subsec. (b) heading and substituted ''If promotion zones

are determined as authorized under subsection (a), a Reserve

officer shall, subject to the eligibility requirements of this

subchapter,'' for ''Subject to the eligibility requirements of this

subchapter, a Reserve officer shall'', and added subsec. (c).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-398 applicable with respect to selection

boards convened under section 730 of this title on or after Oct.

30, 2000, see section 1 ((div. A), title V, Sec. 502(c)) of Pub. L.

106-398, set out as a note under section 729 of this title.

-CITE-

14 USC Sec. 732 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 732. Eligibility for promotion

-STATUTE-

A Reserve officer is eligible for consideration for promotion and

for promotion under this subchapter, if that officer is in an

active status. A Reserve officer who has been considered but not

recommended for retention in an active status by a board convened

under subsection 741(a) of this title, is not eligible for

consideration for promotion.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1011.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 774 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 733 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 733. Recommendation for promotion of an officer previously

removed from an active status

-STATUTE-

A Reserve officer recommended for promotion by a selection board

but not promoted because of removal from an active status shall be

reconsidered by a selection board after returning to an active

status and if selected shall be placed on a recommended list of

selectees for promotion. A Reserve officer to whom this section

applies is not considered to have failed of selection when

eliminated from a list of selectees for promotion solely as a

result of being removed from an active status.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 777 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 734 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 734. Qualifications for promotion

-STATUTE-

(a) A Reserve officer shall not be promoted to a higher grade

unless the officer has been found to be physically qualified and

the character of the officer's service subsequent to the convening

of the selection board which recommended the officer for promotion

has been verified as satisfactory.

(b) Subsection (a) of this section does not exclude from

promotion a Reserve officer physically disqualified by a medical

board for duty at sea or in the field, if the disqualification

results from wounds received in the line of duty, and those wounds

do not incapacitate the officer for other duties in the grade to

which the officer is to be promoted.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 786 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 736 of this title.

-CITE-

14 USC Sec. 735 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 735. Promotion; acceptance; oath of office

-STATUTE-

(a) A Reserve officer who has been appointed under this

subchapter is considered to have accepted the appointment unless

delivery thereof cannot be effected.

(b) A Reserve officer who has served continuously since taking

the oath of office prescribed in section 3331 of title 5, is not

required to take a new oath of office upon appointment in a higher

grade.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 797 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 736 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 736. Date of rank upon promotion; entitlement to pay

-STATUTE-

(a) When a Reserve officer is promoted to the next higher grade

under this subchapter, the date of rank shall be the date of

appointment in that grade, unless the promotion was determined in

accordance with a running mate system, in which event the same date

of rank shall be assigned as that assigned to the officer's running

mate. A Reserve officer so promoted shall be allowed the pay and

allowances of the higher grade for duty performed from the date of

the officer's appointment thereto.

(b) Notwithstanding any other law, when the running mate of a

reserve officer serving in the grade of rear admiral (lower half)

is promoted to the grade of rear admiral, the reserve officer shall

also be promoted to that grade.

(c) For the purposes of subsection (a) of this section, the date

of appointment shall be that date when promotion authority is

exercised by the Secretary. However, the Secretary may adjust the

date of appointment -

(1) if a delay in the finding required under section 734(a) of

this title is beyond the control of the officer and the officer

is otherwise qualified for promotion; or

(2) for any other reason that equity requires.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012; amended

Pub. L. 97-417, Sec. 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 101-225, title II, Sec. 203(4), Dec. 12, 1989, 103 Stat. 1911;

Pub. L. 107-295, title IV, Sec. 411(c), Nov. 25, 2002, 116 Stat.

2118.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 784 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted ''the date of rank

shall be the date of appointment in that grade, unless the

promotion was determined in accordance with a running mate system,

in which event'' after ''subchapter,''.

1989 - Subsec. (c). Pub. L. 101-225 inserted provision

authorizing Secretary to adjust date of appointment.

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsec. (b). Pub. L. 97-417 substituted provision that,

notwithstanding any other law, when the running mate of a reserve

officer serving in the grade of commodore is promoted to the grade

of rear admiral, the reserve officer shall also be promoted to that

grade, for provision that, notwithstanding any other law and when a

Reserve officer's running mate was so entitled, a Reserve officer

in the grade of rear admiral was entitled to the pay and allowances

of the upper half for duty performed.

-CITE-

14 USC Sec. 737 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 737. Type of promotion; temporary

-STATUTE-

Notwithstanding any other law, if a Reserve officer is promoted

when the officer's running mate is promoted and the promotion of

the running mate is on a temporary basis, the promotion of the

Reserve officer is also on a temporary basis. If subsequently the

running mate is reverted to a lower grade, other than for reasons

of discipline, incompetence, or at the running mate's request, the

Reserve officer shall likewise revert to the same lower grade with

corresponding precedence.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 790 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 738 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 738. Effect of removal by the President or failure of consent

of the Senate

-STATUTE-

(a) The President may, for cause, remove the name of any officer

from a list of selectees established under section 729 of this

title.

(b) If the Senate, where required, does not consent to the

appointment of an officer whose name is on a list of selectees

established under section 729 of this title, that officer's name

shall be removed from the list.

(c) An officer whose name is removed from a list of selectees

under subsection (a) or (b) continues to be eligible for

consideration for promotion. If selected for promotion by the next

selection board and promoted, that officer shall be assigned the

date of rank and precedence that would have been assigned if the

officer's name had not been previously removed. However, if the

officer is not selected by the next selection board, or if the

officer's name is again removed from the list of selectees, the

officer shall be considered for all purposes as having twice failed

of selection for promotion.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 788 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 729 of this title.

-CITE-

14 USC Sec. 739 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 739. Failure of selection for promotion

-STATUTE-

(a) A Reserve officer, other than one serving in the grade of

captain, who is, or is senior to, the junior officer in the

promotion zone established for the officer's grade, fails of

selection if not selected for promotion by the selection board that

considered the officer, or if having been selected for promotion by

the board, the officer's name is thereafter removed from the report

of the board by the President.

(b) A Reserve officer is not considered to have failed of

selection if the officer was not considered by a selection board

because of administrative error. If that officer is selected by

the next appropriate selection board after the error is discovered,

and is promoted, the same date of rank and precedence shall be

assigned that would have been assigned if the officer had been

recommended for promotion by the selection board that originally

would have considered the officer but for the error.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 796 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 740 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 740. Failure of selection and removal from an active status

-STATUTE-

(a) The Secretary -

(1) may remove from an active status a Reserve officer who has

twice failed of selection to the next higher grade; and

(2) shall remove from an active status a Reserve officer

serving in the grade of captain who has completed thirty years of

total commissioned service and whose name is not carried on an

approved list of selectees for promotion to the grade of rear

admiral (lower half).

(b) A Reserve officer who has twice failed of selection to the

next higher grade and who is not removed from an active status

under subsection (a)(1) of this section shall be retained for the

period prescribed by the Secretary.

(c) Subject to section 12646 of title 10, a Reserve officer who

is removed from an active status under subsection (a) of this

section shall be given an opportunity to transfer to the Retired

Reserve, if qualified, but unless so transferred shall, in the

discretion of the Secretary, be transferred to the inactive status

list or discharged as follows:

(1) if removed from an active status under subsection (a)(1) of

this section, on June 30 next following the approval date of the

board report by virtue of which the officer's second failure of

selection occurs; or

(2) if removed from an active status under subsection (a)(2) of

this section, on June 30 next following the date on which the

officer completes thirty years of total commissioned service as

computed under this section.

(d) For the purpose of this section, the total commissioned

service of an officer who has served continuously in the Reserve

following appointment in the grade of ensign shall be computed from

the date on which that appointment was accepted. A Reserve officer

initially appointed in a grade above ensign is considered to have

the actual total commissioned service performed in a grade above

commissioned warrant officer or the same total commissioned service

as an officer of the Regular Coast Guard who has served

continuously from an original appointment as ensign, who has not

lost numbers or precedence, and who is, or was, junior to the

Reserve officer, whichever is greater.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013; amended

Pub. L. 97-417, Sec. 2(15), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 103-337, div. A, title XVI, Sec. 1677(b)(5), Oct. 5, 1994, 108

Stat. 3020.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 787 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-337 substituted ''section 12646

of title 10'' for ''section 1006 of title 10''.

1985 - Subsec. (a)(2). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsec. (a)(2). Pub. L. 97-417 substituted ''commodore''

for ''rear admiral''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 12646.

-CITE-

14 USC Sec. 741 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 741. Retention boards; removal from an active status to

provide a flow of promotion

-STATUTE-

(a) Notwithstanding any other provision of this title, whenever

the Secretary determines that it is necessary to reduce the number

of Reserve officers in an active status in any grade to provide a

steady flow of promotion, or that there is an excessive number of

Reserve officers in an active status in any grade, the Secretary

may appoint and convene a retention board to consider all of the

Reserve officers in that grade in an active status who have 18

years or more of service for retirement, except those officers who

-

(1) are on extended active duty;

(2) are on a list of selectees for promotion;

(3) will complete 30 years total commissioned service by June

30th following the date that the retention board is convened; or

(4) have reached age 59 by the date on which the retention

board is convened.

The retention board shall select and recommend a specified number

of the officers under consideration for retention in an active

status.

(b) This board shall -

(1) to the extent practicable, consist of at least 50 per

centum Reserve officers;

(2) consist only of officers who are senior in rank to any

officers being considered by that board; and

(3) to the extent practicable, consist of officers who have not

served on the last previous retention board which considered

officers of the same grade.

(c) Subject to section 12646 of title 10, a Reserve officer who

is not recommended for retention in an active status under this

section shall be given an opportunity to transfer to the Retired

Reserve, if qualified, but unless so transferred shall, in the

discretion of the Secretary, be transferred to the inactive status

list or discharged on June 30 next following the date on which the

report of the retention board is approved.

(d) The provisions of section 260 of this title shall, to the

extent that they are not inconsistent with this subchapter, apply

to boards convened under this section.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1014; amended

Pub. L. 101-225, title II, Sec. 203(5), Dec. 12, 1989, 103 Stat.

1911; Pub. L. 103-206, title II, Sec. 203, Dec. 20, 1993, 107 Stat.

2420; Pub. L. 103-337, div. A, title XVI, Sec. 1677(b)(5), Oct. 5,

1994, 108 Stat. 3020; Pub. L. 104-106, div. A, title XV, Sec.

1501(e)(1)(B), Feb. 10, 1996, 110 Stat. 501.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 787a of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-106 substituted ''section 12646

of title 10'' for ''section 1006 of title 10''.

1994 - Subsec. (b). Pub. L. 103-337, which directed amendment of

subsec. (b) by substituting ''section 12646 of title 10'' for

''section 1006 of title 10'', could not be executed because the

words ''section 1006 of title 10'' did not appear in subsec. (b).

1993 - Pub. L. 103-206 in subsec. (a) in first sentence

substituted '', except those officers who - '' and pars. (1) to (4)

for ''and are not on active duty and not on an approved list of

selectees for promotion to the next higher grade'', realigned

margin of second sentence, inserted ''(b)'' before ''This board

shall - '' in third sentence and realigned margin, and redesignated

former subsecs. (b) and (c) as (c) and (d), respectively.

1989 - Subsec. (a). Pub. L. 101-225 inserted ''who have 18 years

or more of service for retirement and are'' before ''not on active

duty''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 732 of this title.

-CITE-

14 USC Sec. 742 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 742. Maximum ages for retention in an active status

-STATUTE-

(a) A Reserve officer, if qualified, shall be transferred to the

Retired Reserve on the day the officer becomes sixty-two years of

age.

(b) Notwithstanding subsection (a) of this section, the Secretary

may authorize the retention of a Reserve rear admiral or rear

admiral (lower half) in an active status not longer than the day on

which the officer concerned becomes sixty-four years of age.

(c) Except as provided for in subsections (a) and (b) of this

section, a Reserve officer shall be discharged effective upon the

day the officer becomes sixty-two years of age.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1014; amended

Pub. L. 97-417, Sec. 2(16), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 789 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsec. (b). Pub. L. 97-417 inserted ''or commodore''

after ''rear admiral''.

-CITE-

14 USC Sec. 743 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 743. Rear admiral and rear admiral (lower half); maximum

service in grade

-STATUTE-

Unless retained in or removed from an active status under any

other law, a Reserve rear admiral or rear admiral (lower half)

shall be removed from an active status on the day that officer

completes four years combined service in the grades of rear admiral

and rear admiral (lower half).

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015; amended

Pub. L. 97-417, Sec. 2(17)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L.

99-145, title V, Sec. 514(c)(1), (3)(A), Nov. 8, 1985, 99 Stat.

629.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 798 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

AMENDMENTS

1985 - Pub. L. 99-145 substituted references to ''rear admiral

(lower half)'' for ''commodore'' in section catchline and two

places in text.

1983 - Pub. L. 97-417 inserted reference to ''commodore'' in

section catchline and text.

-CITE-

14 USC Sec. 744 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 744. Appointment of a former Navy or Coast Guard officer

-STATUTE-

A former officer of the Regular Navy or Coast Guard who applies

for a Reserve commission within one year of resigning the officer's

Regular commission, and who is appointed in the same grade

previously held in the Regular Navy or Coast Guard, shall be given

the same date or rank in that grade as that previously assigned to

the officer while a member of the Regular Navy or Coast Guard.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 792 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 745 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 745. Grade on entry upon active duty

-STATUTE-

A Reserve officer ordered to active duty or active duty for

training shall be ordered in the grade held; except that the

Secretary may authorize a higher grade.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 776 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-CITE-

14 USC Sec. 746 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

Sec. 746. Recall of a retired officer; grade upon release

-STATUTE-

(a) When an officer in the Retired Reserve or an officer on a

Reserve retired list is recalled to active duty, that officer shall

be recalled in a manner similar to the recall of a Regular retired

officer.

(b) An officer in the Retired Reserve or an officer on a Reserve

retired list recalled to active duty shall upon release therefrom

be advanced in the Retired Reserve or on the Reserve retired list

to the highest grade held on active duty, if: (1) appointed to a

higher grade while on that duty, and (2) the officer's performance

has been satisfactory in the higher grade.

-SOURCE-

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1015.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 793 of this title prior to the complete revision of this

chapter by Pub. L. 96-322.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 723 of this title.

-CITE-

14 USC Sec. 751 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 751. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66

Stat. 505)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 551; Aug. 3, 1950,

ch. 536, Sec. 31, 64 Stat. 408, related to the purpose and

administration of the Reserve.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of sixth month following July 1952,

see section 802 of act July 9, 1952.

-CITE-

14 USC Sec. 751a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 751a. Omitted)

-COD-

CODIFICATION

Section, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A Stat.

624, provided for the organization of the Coast Guard Reserve and

was omitted in the general revision of this chapter by Pub. L.

96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. See section 701 of

this section.

-MISC3-

WOMEN'S BRANCH OF THE COAST GUARD RESERVE

Section 3 of Pub. L. 93-174, Dec. 5, 1973, 87 Stat. 692, provided

that: ''Effective upon enactment of this Act (Dec. 5, 1973), all

members of the women's branch of the Coast Guard Reserve who were

serving on active or inactive duty on the day before enactment

shall become members of the Coast Guard Reserve without loss of

grade, rate, date of rank, or other benefits earned by their prior

service.''

-CITE-

14 USC Sec. 752 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 752. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66

Stat. 505)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to

eligibility.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of sixth month following July 1952,

see section 802 of act July 9, 1952.

-CITE-

14 USC Sec. 752a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 752a. Omitted)

-COD-

CODIFICATION

Section, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A Stat.

625, related to the authorized strength of the Coast Guard Reserve

and was omitted in the general revision of this chapter by Pub. L.

96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. See Section 702 of

this title.

-CITE-

14 USC Sec. 753 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 753. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66

Stat. 505)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to term

of appointment, duty, and training.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of sixth month following July 1952,

see section 802 of act July 9, 1952.

-CITE-

14 USC Sec. 753a to 757 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 753a to 757. Omitted)

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002.

Section 753a, added act Aug. 10, 1956, ch. 1041, Sec. 15(a), 70A

Stat. 625, related to the Coast Guard Reserve Policy Board. See

section 703 of this title.

Section 754, act Aug. 4, 1949, ch. 393, 63 Stat. 551, related to

grades and ratings and military authority. See section 704 of this

title.

Section 755, acts Aug. 4, 1949, ch. 393, 63 Stat. 551; Aug. 3,

1950, ch. 536, Sec. 32, 64 Stat. 408; Aug. 16, 1957, Pub. L.

85-149, 71 Stat. 369; Sept. 7, 1962, Pub. L. 87-649, Sec. 7(a), 76

Stat. 495; Sept. 25, 1965, Pub. L. 89-200, 79 Stat. 834; June 9,

1966, Pub. L. 89-444, Sec. 1(23), 80 Stat. 197; Dec. 5, 1973, Pub.

L. 93-174, Sec. 2(1), 87 Stat. 692, related to benefits. See

section 705 of this title.

Section 756, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to

temporary membership. See section 706 of this title.

Section 757, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to

exemption from military training and the draft. See section 711 of

this title.

-CITE-

14 USC Sec. 758 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 758. Repealed. May 5, 1950, ch. 169, Sec. 14(u), 64 Stat.

148)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 552, related to

discipline. See the Uniform Code of Military Justice, section 801

et seq. of Title 10, Armed Forces.

-CITE-

14 USC Sec. 758a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 758a. Omitted)

-COD-

CODIFICATION

Section, added act Aug. 10, 1956, ch. 1041, Sec. 16(a), 70A Stat.

625; amended Sept. 7, 1962, Pub. L. 87-649, Sec. 14d(6), 76 Stat.

502, related to reserve student aviation pilots and was omitted in

the general revision of this chapter by Pub. L. 96-322, Sec. 1,

Aug. 4, 1980, 94 Stat. 1002. See section 709 of this title.

-CITE-

14 USC Sec. 759 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 759. Repealed. July 9, 1952, ch. 608, part VIII, Sec. 803, 66

Stat. 505)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 553, related to

uniform allowance.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of sixth month following July 1952,

see section 802 of act July 9, 1950.

-CITE-

14 USC Sec. 759a to 761 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 759a to 761. Omitted)

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002.

Section 759a, added act Aug. 10, 1956, ch. 1041, Sec. 16(a), 70A

Stat. 626; amended Sept. 24, 1963, Pub. L. 88-130, Sec. 1(12), 77

Stat. 190, related to wartime appointments and promotions. See

section 710 of this title.

Section 760, acts Aug. 4, 1949, ch. 393, 63 Stat. 553; Oct. 31,

1951, ch. 655, Sec. 15, 65 Stat. 715; Aug. 3, 1956, ch. 926, Sec.

2(a), 70 Stat. 981; May 14, 1974, Pub. L. 93-283, Sec. 1(12), 88

Stat. 141, related to disability or death benefits for temporary

members. See section 707 of this title.

Section 2(b) of act Aug. 3, 1956, provided that the amendments

made by that section (amending subsec. (a) and adding subsec. (e)

of section 760) applied only to benefits for months beginning after

the month in which it was enacted (August, 1956).

Section 2(c) of act Aug. 3, 1956, provided that the entitlement

of any person to benefits under the Federal Employees' Compensation

Act (act Sept. 7, 1916, ch. 458, 39 Stat. 742, repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, see section 8101 et

seq. of Title 5, Government Organization and Employees) as it was

in effect before the enactment of this section (Aug. 3, 1956) was

not affected by this section.

Section 761, act Aug. 4, 1949, ch. 393, 63 Stat. 554, related to

members of the Reserve engaging in civil occupations.

-CITE-

14 USC Sec. 762 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 762. Repealed. Pub. L. 93-174, Sec. 2(2), Dec. 5, 1973, 87

Stat. 692)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 554; Aug.

10, 1956, ch. 1041, Sec. 17, 70A Stat. 626; Sept. 18, 1970, Pub. L.

91-402, Sec. 1(1), 84 Stat. 838, related to Women's Reserve.

-CITE-

14 USC Sec. 763 to 765 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 763 to 765. Omitted)

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002.

Section 763, added Pub. L. 87-704, Sec. 1(a), Sept. 27, 1962, 76

Stat. 632, related to a certificate of honorable service of

temporary members. See section 708 of this title.

Section 764, added Pub. L. 92-479, Sec. 1, Oct. 9, 1972, 86 Stat.

794, related to active duty for emergency augmentation of regular

forces. See section 712 of this title.

Section 765, added Pub. L. 93-283, Sec. 1(13), May 14, 1974, 88

Stat. 141, related to enlistment of members engaged in schooling.

See section 713 of this title.

-CITE-

14 USC Sec. 770 to 798 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART II - COAST GUARD RESERVE AND AUXILIARY

CHAPTER 21 - COAST GUARD RESERVE

SUBCHAPTER B

commissioned officers

-HEAD-

(Sec. 770 to 798. Omitted)

-COD-

CODIFICATION

Sections were omitted in the general revision of this chapter by

Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1002. Similar

provisions are now set out in section 720 et seq. of this title.

Section 770, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1547; amended Pub. L. 91-402, Sec. 1(2), Sept. 18, 1970, 84

Stat. 839, defined terms. See section 720 of this title.

Section 2 of Pub. L. 91-402 provided that Reserve officers in

each grade who were recommended as qualified for promotion under

laws and regulations in effect the day before the effective date of

that Act (Sept. 18, 1970) but not promoted to the grade for which

recommended, be placed on a list in order of precedence, and

promoted as if selected for promotion in the approved report of a

selection board convened under the provisions of title 14, as

amended by that Act (enacting sections 796 to 798 and amending

sections 762, 770, 772, 774, 775, 780 to 782, 784, 787, 790, and

791 of this title), that Reserve officers who failed of selection

for promotion to the next higher grade under laws and regulations

in effect the day before the effective date of that Act be deemed

to have failed of selection for promotion to the next higher grade

under the provisions of title 14 as amended by that Act, and that

the enactment of that Act did not terminate the appointment of any

officer.

Section 771, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1548; amended Pub. L. 89-444, Sec. 1(24), June 9, 1966, 80

Stat. 197; Pub. L. 93-174, Sec. 2(3), Dec. 5, 1973, 87 Stat. 692,

related to applicability of sections 770 to 798 of this title. See

section 721 of this title.

Section 772, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1548; amended Pub. L. 86-559, Sec. 2(1), June 30, 1960, 74

Stat. 280; Pub. L. 91-402, Sec. 1(3), Sept. 18, 1970, 84 Stat. 839,

related to authorized number of officers. See section 724 of this

title.

Section 773, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1548; amended Pub. L. 86-559, Sec. 2(2), June 30, 1960, 74

Stat. 281, related to constructive credit upon initial

appointment. See section 727 of this title.

Section 774, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1549; amended Pub. L. 91-402, Sec. 1(4), Sept. 18, 1970, 84

Stat. 839, related to eligibility for promotion and retention in

active status. See section 732 of this title.

Section 775, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1549; amended Pub. L. 91-402, Sec. 1(5), Sept. 18, 1970, 84

Stat. 839; Pub. L. 93-174, Sec. 2(4), Dec. 5, 1973, 87 Stat. 692,

related to appointment of selection boards. See section 730 of

this title.

Section 776, added Pub. L. 85-861, Sec. 1, Sec. 5(2), Sept. 2,

1958, 72 Stat. 1549, related to Reserve officer's grade on entry

upon active duty. See section 745 of this title.

Section 777, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1549, related to recommendations for promotion of officers

previously removed from active status. See section 733 of this

title.

Section 778, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1550, related to suspension of sections 770 to 798 of this

title in war or national emergency. See section 722 of this title.

Section 779, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1550, related to sea or foreign service requirements.

Section 780, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1550; amended Pub. L. 91-402, Sec. 1(6), Sept. 18, 1970, 84

Stat. 839; Pub. L. 93-174, Sec. 2(5), (6), Dec. 5, 1973, 87 Stat.

692, related to recommendations of selection boards. See section

729 of this title.

Section 781, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1551; amended Pub. L. 91-402, Sec. 1(7), Sept. 18, 1970, 84

Stat. 840, related to precedence in grades of officers. See

section 725 of this title.

Section 782, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1551; amended Pub. L. 91-402, Sec. 1(8), Sept. 18, 1970, 84

Stat. 840, related to running mates. See section 726 of this

title.

Section 783, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1552, related to promotion zones. See section 731 of this

title.

Section 784, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1552; amended Pub. L. 91-402, Sec. 1(9), Sept. 18, 1970, 84

Stat. 841, related to date of rank upon promotion. See section 736

of this title.

Section 785, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1552, related to limitations on consideration for promotion.

Section 786, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1552, related to qualifications for promotion. See section

734 of this title.

Section 787, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1552; amended Pub. L. 91-402, Sec. 1(10), Sept. 18, 1970, 84

Stat. 841; Pub. L. 93-174, Sec. 2(7), Dec. 5, 1973, 87 Stat. 692,

related to failure of selection and elimination. See section 740

of this title.

Section 787a, added Pub. L. 86-559, Sec. 2(3), June 30, 1960, 74

Stat. 281, provided for elimination from active status of excessive

numbers to provide a flow of promotions. See section 741 of this

title.

Section 788, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1553, related to effect of removal by President or failure of

consent of Senate. See section 738 of this title.

Section 789, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1553, related to maximum ages for retention in active

status. See section 742 of this title.

Section 790, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1554; amended Pub. L. 91-402, Sec. 1(11), Sept. 18, 1970, 84

Stat. 841, related to types of promotion. See section 737 of this

title.

Section 791, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1554; amended Pub. L. 88-130, Sec. 1(13), Sept. 24, 1963, 77

Stat. 190; Pub. L. 91-402, Sec. 1(12), Sept. 18, 1970, 84 Stat.

842, related to promotion of officers on active duty. See section

728 of this title.

Section 792, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1554, related to appointment of former Navy and Coast Guard

officers. See section 744 of this title.

Section 793, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1554, related to grades upon relief of retired officers. See

section 746 of this title.

Section 794, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1554, authorized Secretary to promulgate regulations. See

section 633 of this title.

Section 795, added Pub. L. 85-861, Sec. 5(2), Sept. 2, 1958, 72

Stat. 1555, related to effect of sections 770 to 798 of this title

on retirements and retired pay. See section 723 of this title.

Section 796, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84

Stat. 842; amended Pub. L. 93-174, Sec. 2(8), Dec. 5, 1973, 87

Stat. 692, related to failure of selection for promotion. See

section 739 of this title.

Section 797, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84

Stat. 842, related to acceptance of promotion and oath of office.

See section 735 of this title.

Section 798, added Pub. L. 91-402, Sec. 1(13), Sept. 18, 1970, 84

Stat. 843, related to maximum service in grade of rear admiral.

See section 743 of this title.

-CITE-