14 U.S.C. § 3740 — Promotion; recommendations of selection boards

(a) Except where another law provides otherwise, a Reserve officer may be promoted only on a selection board's recommendation. (b) The Secretary^* must convene boards from time to time to recommend Reserve officers for the next higher grade; a board may consider one or more grades. (c) From eligible names submitted, a board must recommend the best-qualified lieutenant (junior grade) and higher officers, and fully qualified ensigns. (d)(1) Before convening a board, the Secretary must establish a promotion zone for each grade and decide how many eligible officers are in it. (2)(A) Before a board considers promotion to a grade other than lieutenant (junior grade), the Secretary must set the maximum number it may recommend. (B) The number should leave enough active-status Reserve officers in each grade for Coast Guard needs. (C) The Secretary must consider mission positions requiring the grade, estimated vacancies during the promotion period, the Secretary-authorized active-status number, and statutory active-status limits. (3)(A) When Coast Guard needs require, the Secretary may authorize consideration from below the promotion zone of officers above lieutenant (junior grade). (B) The Secretary must set that number. It generally may not exceed 10% of the board's maximum, but may be up to 15% if Coast Guard needs require it. If the calculated maximum is below one, the board may recommend one. (C) These recommendations do not increase the paragraph (2) maximum. (e) Rules for Regular Coast Guard officers' selection to rear admiral (lower half) and rear admiral apply to Reserve officers, except a candidate for rear admiral (lower half) must have at least 10 years of commissioned service, including the last five in the Coast Guard Reserve. (f) Sections 2115 and 2117 apply to boards under this section. The Secretary sets board procedure. (g) The board reports to the Secretary for review and transmission to the President. The President may remove a recommended officer's name if that officer is unacceptable. (h) Recommendations approved by the President form the selectee list. An officer stays on it until promoted unless the President removes the officer under section 3749. If an older list is not exhausted when a newer one is approved, the older list gets appointments first. (i) Unless lawfully withheld, a selected Reserve officer must be offered the next-grade appointment when a vacancy occurs, or as soon as practicable; under a running-mate system, at the same time or as soon as practicable as the running mate receives a similar appointment.