Collapse to view only § 2102. Active duty promotion list

§ 2101.
Original appointment of permanent commissioned officers
(a)
(1)
The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have served at least 2 years as such.
(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.
(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.
(b) No person shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe.
(c) Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.
(d) For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 177, § 211; amended Pub. L. 89–444, § 1(11), June 9, 1966, 80 Stat. 196; Pub. L. 98–557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 109–241, title II, § 217(a), July 11, 2006, 120 Stat. 525; Pub. L. 112–213, title II, § 206, Dec. 20, 2012, 126 Stat. 1546; renumbered § 2101, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2102.
Active duty promotion list
(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 12311 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list.
(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error.
(c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority.
(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.
(Added
§ 2103.
Number and distribution of commissioned officers on active duty promotion list
(a)
Maximum Total Number.—
The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 6,900; except that the Commandant may temporarily increase that number by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.
(b)
Distribution Percentages by Grade.—
(1)
Required.—
The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.
(2)
Discretionary.—
The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.
(3)
Authority of secretary to reduce percentage.—
The Secretary—
(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and
(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.
(c)
Computations.—
(1)
In general.—
The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.
(2)
Rounding fractions.—
Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.
(3)
Treatment of officers serving outside coast guard.—
The number of commissioned officers on the active duty promotion list below the rank of rear admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.
(d)
Use of Numbers; Temporary Increases.—
The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.
(e)
Officers Serving Coast Guard Academy and Reserve.—
The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 497, § 42; July 20, 1956, ch. 647, § 2, 70 Stat. 588; Pub. L. 86–474, § 1(2), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89–444, § 1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90–385, July 5, 1968, 82 Stat. 293; Pub. L. 92–451, § 1(2), Oct. 2, 1972, 86 Stat. 755; Pub. L. 93–174, § 1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96–23, § 4, June 13, 1979, 93 Stat. 68; Pub. L. 97–417, § 2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97–449, § 5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–557, § 25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–206, title II, § 201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108–293, title II, § 214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111–281, title II, § 204(a), Oct. 15, 2010, 124 Stat. 2910; Pub. L. 113–281, title II, § 201, Dec. 18, 2014, 128 Stat. 3024; renumbered § 2103, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2104.
Appointment of temporary officers
(a)
The president may appoint temporary commissioned officers—
(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.
(b) Temporary appointments under this section do not change the permanent, probationary, or acting status of persons so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
(c) An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.
(d) Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 214; amended Pub. L. 89–444, § 1(12)–(14), June 9, 1966, 80 Stat. 196; Pub. L. 93–283, § 1(5), May 14, 1974, 88 Stat. 140; Pub. L. 96–376, § 6, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98–557, § 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103–337, div. A, title V, § 541(f)(6), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 104–324, title II, § 211(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, § 211, Oct. 15, 2010, 124 Stat. 2914; renumbered § 2104, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2105.
Rank of warrant officers
(a) Among warrant officer grades, warrant officers of a higher numerical designation are senior to warrant officer grades of a lower numerical designation.
(b) Warrant officers shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Precedence among warrant officers of the same grade who have the same date of commission shall be determined by regulations prescribed by the Secretary.
(Added Pub. L. 103–337, div. A, title V, § 541(e)(1), Oct. 5, 1994, 108 Stat. 2766, § 215; renumbered § 2105, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2106.
Selection boards; convening of boards

At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 178, § 251; renumbered § 2106, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2107.
Selection boards; composition of boards

A board convened under section 2106 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 252; renumbered § 2107 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2108.
Selection boards; notice of convening; communication with board
(a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the officers eligible for consideration shall be given to the service at large.
(b) Each officer eligible for consideration by a selection board convened under section 2106 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning himself. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 253; amended Pub. L. 89–444, § 1(15), June 9, 1966, 80 Stat. 196; Pub. L. 111–281, title II, § 212(1), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2108 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2109.
Selection boards; oath of members
Each member of a selection board shall swear—
(1) that the member will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon the member; and
(2) an oath in accordance with section 931.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 254; amended Pub. L. 112–213, title II, § 207, Dec. 20, 2012, 126 Stat. 1546; renumbered § 2109 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2110.
Number of officers to be selected for promotion

Before convening a board under section 2106 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 255; renumbered § 2110 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2111.
Promotion zones
(a)
Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral (lower half), the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who are eligible for consideration for promotion to the next higher grade and who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering—
(1) the needs of the service;
(2) the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and
(3) the extent to which current terms of service in that grade conform to a desirable career promotion pattern.
However, such number of officers shall not exceed the number to be selected for promotion divided by one-half.
(b) Promotion zones from which officers will be selected for promotion to the grade of rear admiral (lower half) shall be established by the Secretary as the needs of the service require.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 256; amended Pub. L. 89–444, § 1(16), June 9, 1966, 80 Stat. 196; Pub. L. 97–417, § 2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–661, div. A, title XIII, § 1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered § 2111 and amended Pub. L. 115–282, title I, § 112(b), title III, § 312, Dec. 4, 2018, 132 Stat. 4216, 4249.)
§ 2112.
Promotion year; defined

For the purposes of this chapter, “promotion year” means the period which commences on July 1 of each year and ends on June 30 of the following year.

(Added Pub. L. 94–546, § 1(17), Oct. 18, 1976, 90 Stat. 2520, § 256a; renumbered § 2112, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2113.
Eligibility of officers for consideration for promotion
(a)
An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he 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.
(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.
(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.
(d)
Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—
(1) continues on active duty; and
(2) is not promoted to that grade.
(e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.
(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 179, § 257; amended Pub. L. 94–546, § 1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98–557, § 17(b)(1), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 109–241, title II, § 203, July 11, 2006, 120 Stat. 520; renumbered § 2113 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2114.
United States Deputy Marshals in Alaska

Commissioned officers may be appointed as United States Deputy Marshals in Alaska.

(Added Pub. L. 115–282, title I, § 112(c)(3), Dec. 4, 2018, 132 Stat. 4221.)
§ 2115.
Selection boards; information to be furnished boards
(a)
In General.—
The Secretary shall furnish the appropriate selection board convened under section 2106 of this title with—
(1) the number of officers that the board may recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion.
(b)
Provision of Direction and Guidance.—
(1)
In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—
(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and
(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.
(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 258; amended Pub. L. 89–444, § 1(17), June 9, 1966, 80 Stat. 196; Pub. L. 104–324, title II, § 212, Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, § 212(2), Oct. 15, 2010, 124 Stat. 2914; renumbered § 2115 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2116.
Officers to be recommended for promotion
(a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 2115 of this title, considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(b)
The number of officers that a board convened under section 2106 of this title may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed—
(1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander;
(2) 7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and
(3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain;
unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion.
(c)
(1) In selecting the officers to be recommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title. The number of officers that a board may recommend to be placed at the top of the list of selectees may not exceed the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one officer for such placement. No officer may be recommended to be placed at the top of the list of selectees unless he or she receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if implementation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this subsection before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention.
(3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 259; amended Pub. L. 97–417, § 2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title III, § 313(1), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 111–281, title II, § 212(3), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 112–213, title II, § 217(3), Dec. 20, 2012, 126 Stat. 1557; renumbered § 2116 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2117.
Selection boards; reports
(a) Each board convened under section 2106 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 2121(a) of this title.
(b) A board convened under section 2106 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180, § 260; amended Pub. L. 107–295, title III, § 313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111–281, title II, § 212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered § 2117 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2118.
Selection boards; submission of reports
(a) A board convened under section 2106 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
(b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(c) Upon approval by the President the names of officers selected for promotion by a board convened under section 2106 of this title shall be promptly disseminated to the service at large.
(d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 2120, shall not be disclosed to any person not a member of the board.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 261; amended Pub. L. 112–213, title II, § 208(b), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2118 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2119.
Failure of selection for promotion

An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 2111 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 262; amended Pub. L. 112–213, title II, § 208(c), Dec. 20, 2012, 126 Stat. 1549; renumbered § 2119 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2120.
Special selection boards; correction of errors
(a)
Officers Not Considered Due to Administrative Error.—
(1)
In general.—
If the Secretary determines that as the result of an administrative error—
(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or
(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list;
the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board.
(2)
Effect of failure to recommend for promotion.—
If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion.
(b)
Officers Considered But Not Selected; Material Error.—
(1)
In general.—
In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that—
(A)
an action of the selection board that considered the officer or former officer—
(i) was contrary to law in a matter material to the decision of the board; or
(ii) involved material error of fact or material administrative error; or
(B) the selection board that considered the officer or former officer did not have before it for consideration material information.
(2)
Effect of failure to recommend for promotion.—
If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered—
(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and
(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board.
(c)
Requirements for Special Selection Boards.—
Each special selection board convened under this section shall—
(1)
(2)
consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of—
(A) those officers of the same grade who were recommended for promotion by such prior selection board; and
(B) those officers of the same grade who were not recommended for promotion by such prior selection board; and
(3) submit to the Secretary a written report in a manner consistent with sections 2117 and 2118.
(d)
Appointment of Officers Recommended for Promotion.—
(1)
In general.—
An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(2)
Effect.—
An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(3)
Record correction.—
If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.
(e)
Application Process and Time Limits.—
The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications.
(f)
Limitation of Other Jurisdiction.—
No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 2106, until—
(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or
(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.
(g)
Judicial Review.—
(1)
In general.—
A court of the United States may review—
(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and
(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error.
(2)
Remand and reconsideration.—
If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section.
(h)
Designation of Boards.—
The Secretary may designate a selection board convened under section 2106 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 2106 and a special selection board convened under this section.
(Added Pub. L. 112–213, title II, § 208(a), Dec. 20, 2012, 126 Stat. 1546, § 263; renumbered § 2120 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2121.
Promotions; appointments
(a) When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list. The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.
(b) Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 2103 of this title after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade.
(c) An officer serving on active duty in the grade of ensign may, if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed twelve months’ active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.
(d) When a vacancy in the grade of rear admiral occurs, the senior rear admiral (lower half) serving on the active duty promotion list shall be appointed by the President, by and with the advice and consent of the Senate, to fill the vacancy. The appointment shall be effective on the date the vacancy occurred.
(e) Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant. Appointments of Reserve officers shall be made as prescribed in section 12203 of title 10.
(f) The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181, § 271; amended Pub. L. 91–278, § 1(8), June 12, 1970, 84 Stat. 305; Pub. L. 97–417, § 2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(2), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–337, div. A, title XVI, § 1677(b)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 107–295, title III, § 313(3), Nov. 25, 2002, 116 Stat. 2103; renumbered § 2121 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2122.
Removal of officer from list of selectees for promotion
(a) The President may remove the name of any officer from a list of selectees established under section 2121 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 272; renumbered § 2122 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2123.
Promotions; acceptance; oath of office
(a) An officer who receives an appointment under section 2121 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 273; amended Pub. L. 94–546, § 1(20), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2123 and amended Pub. L. 115–282, title I
§ 2124.
Promotions; pay and allowances

An officer who is promoted under section 2121 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 274; renumbered § 2124 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2125.
Wartime temporary service promotions
(a) In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency.
(b) When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard.
(c) In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W–4.
[(d) Repealed. Pub. L. 97–417, § 2(6), Jan. 4, 1983, 96 Stat. 2085.]
(e) A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose.
(f) A promotion under this section shall be made by an appointment for temporary service. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. Any other appointments under this section shall be made by the President alone.
(g) An appointment under this section, unless expressly declined, is regarded as accepted on the date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date.
(h) An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade.
(i) Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 2121 of this title.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182, § 275; amended Pub. L. 92–129, title VI, § 605, Sept. 28, 1971, 85 Stat. 362; Pub. L. 97–417, § 2(6), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 109–241, title II, § 217(b), July 11, 2006, 120 Stat. 526; renumbered § 2125 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
§ 2126.
Promotion of officers not included on active duty promotion list

Officers who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officers serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, § 276; renumbered § 2126, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2127.
Recall to active duty during war or national emergency

In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 331; renumbered § 2127, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2128.
Recall to active duty with consent of officer
(a) Any regular officer on the retired list may, with that officer’s consent, be assigned to such duties as that officer may be able to perform.
(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 332; amended Pub. L. 89–444, § 1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, § 1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102–241, § 14, Dec. 19, 1991, 105 Stat. 2213; renumbered § 2128, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
§ 2129.
Aviation cadets; appointment as Reserve officers
(a) An aviation cadet designated under section 2317 who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 197, § 373; amended Pub. L. 94–546, § 1(28), Oct. 18, 1976, 90 Stat. 2521; renumbered § 2129 and amended Pub. L. 115–282, title I, § 112(b), title III, § 313, Dec. 4, 2018, 132 Stat. 4216, 4249.)