
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: 14USC740]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 740. Failure of selection and removal from an active status

    (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) Subject to section 12646 of title 10, 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 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.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1013; amended Pub. 
L. 97-417, Sec. 2(15), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99-145, 
title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103-337, 
div. A, title XVI, Sec. 1677(b)(5), Oct. 5, 1994, 108 Stat. 3020.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 787 of this title prior to the complete revision of this chapter 
by Pub. L. 96-322.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-337 substituted ``section 12646 of 
title 10'' for ``section 1006 of title 10''.
    1985--Subsec. (a)(2). Pub. L. 99-145 substituted ``rear admiral 
(lower half)'' for ``commodore''.
    1983--Subsec. (a)(2). Pub. L. 97-417 substituted ``commodore'' for 
``rear admiral''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 12646.
