14 U.S.C. § 3739 — Promotion of Reserve officers on active duty
submitted 46 years ago by Pub. L. 96-322 to r/title-14-COAST-GUARD · 232 words · no verdicts yet
This section sets promotion rules for Reserve officers who are on active duty. It coordinates promotion treatment under this subchapter and chapter 21 and counts failures of selection.
(a) A Reserve officer on active duty, other than training, board duty, or limited or temporary duty from inactive status, is not eligible for promotion consideration under this subchapter and must instead be considered under chapter 21. If promoted while on active duty, the officer is treated as promoted under this subchapter and is an extra number in the new grade for this subchapter's grade distribution. After release from active duty, the officer is included in the authorized distribution. (b) Despite subsection (a), a Reserve officer already selected under this subchapter when reporting for active duty must be promoted under chapter 21. (c) A Reserve officer selected under chapter 21 when released from active duty must be promoted as though selected under this subchapter. (d) A failure to be selected for the next higher grade under either this subchapter or chapter 21 counts for all purposes.
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 21 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.
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 21 of this title.
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 21 of this title, shall be promoted to that grade as though selected under this subchapter.
A failure of selection for promotion to the next higher grade occurring under this subchapter or under chapter 21 of this title shall count for all purposes.
Source credit: (Added Pub. L. 96–322, § 1, Aug. 4, 1980, 94 Stat. 1009, § 728; renumbered § 3739 and amended Pub. L. 115–282, title I, §§ 118(b), 123(c)(2)(B), Dec. 4, 2018, 132 Stat. 4233, 4241.)
- 1980Enacted · Pub. L. 96-322 · 94 Stat. 1009
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4233, 4241
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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