US Code

Public Law 119-102 (07/12/2026)

14 U.S.C. § 3751

Failure of selection and removal from an active status

Section text and notes

(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)
section 12646 of title 10 Subject to , 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 to the Reserve 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.

Pub. L. 96–322, § 194 Stat. 1013 Pub. L. 97–417, § 2(15)96 Stat. 2086 Pub. L. 99–145, title V, § 514(c)(1)99 Stat. 629 Pub. L. 103–337, div. A, title XVI, § 1677(b)(5)108 Stat. 3020 Pub. L. 112–213, title II, § 217(14)126 Stat. 1558 Pub. L. 115–282, title I, § 118(b)132 Stat. 4233 (Added , , , § 740; amended , , ; , , ; , , ; , , ; renumbered § 3751, , , .)

Editorial Notes

Prior Provisions

section 787 of this titlePub. L. 96–322Provisions similar to those in this section were contained in prior to the complete revision of former chapter 21 of this title by .

Amendments

Pub. L. 115–282section 740 of this title2018— renumbered as this section.

Pub. L. 112–2132012—Subsec. (d). substituted “that appointment to the Reserve” for “that appointment”.

Pub. L. 103–337section 12646 of title 10section 1006 of title 101994—Subsec. (c). substituted “” for “”.

Pub. L. 99–1451985—Subsec. (a)(2). substituted “rear admiral (lower half)” for “commodore”.

Pub. L. 97–4171983—Subsec. (a)(2). substituted “commodore” for “rear admiral”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of Title 10Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Armed Forces.