
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC738]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 738. Effect of removal by the President or failure of 
        consent of the Senate
        
    (a) The President may, for cause, remove the name of any officer 
from a list of selectees established under section 729 of this title.
    (b) If the Senate, where required, does not consent to the 
appointment of an officer whose name is on a list of selectees 
established under section 729 of this title, that officer's name shall 
be removed from the list.
    (c) An officer whose name is removed from a list of selectees under 
subsection (a) or (b) continues to be eligible for consideration for 
promotion. If selected for promotion by the next selection board and 
promoted, that officer shall be assigned the date of rank and precedence 
that would have been assigned if the officer's name had not been 
previously removed. However, if the officer is not selected by the next 
selection board, or if the officer's name is again removed from the list 
of selectees, the officer shall be considered for all purposes as having 
twice failed of selection for promotion.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 788 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.

                  Section Referred to in Other Sections

    This section is referred to in section 729 of this title.
