
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: 14USC739]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 739. Failure of selection for promotion

    (a) A Reserve officer, other than one serving in the grade of 
captain, who is, or is senior to, the junior officer in the promotion 
zone established for the officer's grade, fails of selection if not 
selected for promotion by the selection board that considered the 
officer, or if having been selected for promotion by the board, the 
officer's name is thereafter removed from the report of the board by the 
President.
    (b) A Reserve officer is not considered to have failed of selection 
if the officer was not considered by a selection board because of 
administrative error. If that officer is selected by the next 
appropriate selection board after the error is discovered, and is 
promoted, the same date of rank and precedence shall be assigned that 
would have been assigned if the officer had been recommended for 
promotion by the selection board that originally would have considered 
the officer but for the error.

(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 796 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.
