
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: 14USC736]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 736. Date of rank upon promotion; entitlement to pay

    (a) When a Reserve officer is promoted to the next higher grade 
under this subchapter, the same date of rank shall be assigned as that 
assigned to the officer's running mate. A Reserve officer so promoted 
shall be allowed the pay and allowances of the higher grade for duty 
performed from the date of the officer's appointment thereto.
    (b) Notwithstanding any other law, when the running mate of a 
reserve officer serving in the grade of rear admiral (lower half) is 
promoted to the grade of rear admiral, the reserve officer shall also be 
promoted to that grade.
    (c) For the purposes of subsection (a) of this section, the date of 
appointment shall be that date when promotion authority is exercised by 
the Secretary. However, the Secretary may adjust the date of 
appointment--
        (1) if a delay in the finding required under section 734(a) of 
    this title is beyond the control of the officer and the officer is 
    otherwise qualified for promotion; or
        (2) for any other reason that equity requires.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1012; amended Pub. 
L. 97-417, Sec. 2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, 
title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101-225, 
title II, Sec. 203(4), Dec. 12, 1989, 103 Stat. 1911.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 784 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.


                               Amendments

    1989--Subsec. (c). Pub. L. 101-225 inserted provision authorizing 
Secretary to adjust date of appointment.
    1985--Subsec. (b). Pub. L. 99-145 substituted ``rear admiral (lower 
half)'' for ``commodore''.
    1983--Subsec. (b). Pub. L. 97-417 substituted provision that, 
notwithstanding any other law, when the running mate of a reserve 
officer serving in the grade of commodore is promoted to the grade of 
rear admiral, the reserve officer shall also be promoted to that grade, 
for provision that, notwithstanding any other law and when a Reserve 
officer's running mate was so entitled, a Reserve officer in the grade 
of rear admiral was entitled to the pay and allowances of the upper half 
for duty performed.
