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14 U.S.C. § 3736 — Precedence

submitted 46 years ago by Pub. L. 96-322 to r/title-14-COAST-GUARD · 231 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets how Reserve officers receive rank and precedence relative to other officers. It protects precedence during transfers and certain promotions and requires the Secretary to prevent changes in precedence.

(a) Reserve officers rank among themselves and with same-grade officers on the active-duty promotion list, officers designated by the Secretary under this section, and permanent commissioned teaching staff according to their dates of rank. If dates of rank are the same, the Secretary decides precedence. (b) Despite any other law, a Reserve officer does not lose precedence or change date of rank when transferred to or from the active-duty promotion list. (c) A Reserve officer on that list is promoted like any other officer on the list, regardless of the Reserve officer's length of active-duty service. (d) Despite any other law, a Reserve officer does not lose precedence by promotion to rear admiral or rear admiral (lower half) when promotion uses a running-mate system. (e) The Secretary must adjust a Reserve officer's date of rank so that precedence does not change.

the actual law source: uscode.house.gov ↗public domain
(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, officers designated by the Secretary pursuant to this section, and the officers on the permanent commissioned teaching staff in accordance with their dates of rank. When Reserve officers and officers on the active duty promotion list, officers designated by the Secretary pursuant to this section, or the officers on 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.

(d)

Notwithstanding any other law, a Reserve officer shall not lose precedence by reason of promotion to the grade of rear admiral or rear admiral (lower half), if the promotion is determined in accordance with a running mate system.

(e)

The Secretary shall adjust the date of rank of a Reserve officer so that no changes of precedence occur.

Source credit: (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1008, § 725; amended Pub. L. 108–293, title II, § 220(a), Aug. 9, 2004, 118 Stat. 1039; renumbered § 3736, Pub. L. 115–282, title I, § 118(b), Dec. 4, 2018, 132 Stat. 4233; Pub. L. 119–60, div. G, title LXXII, § 7221(c)(4), Dec. 18, 2025, 139 Stat. 1700.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-322 · 94 Stat. 1008
  • 2004Amended · Pub. L. 108-293 · 118 Stat. 1039
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4233
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1700

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-322 on 1980-08-04.

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