
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC728]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 728. Promotion of Reserve officers on active duty

    (a) 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 11 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.
    (b) 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 11 of this title.
    (c) 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 11 of this title, shall be promoted to that grade as 
though selected under this subchapter.
    (d) A failure of selection for promotion to the next higher grade 
occurring under this subchapter or under chapter 11 of this title shall 
count for all purposes.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1009.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 791 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.
