
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: 14USC741]

 
                          TITLE 14--COAST GUARD
 
               PART II--COAST GUARD RESERVE AND AUXILIARY
 
                     CHAPTER 21--COAST GUARD RESERVE
 
                              SUBCHAPTER B
 
                          commissioned officers
 
Sec. 741. Retention boards; removal from an active status to 
        provide a flow of promotion
        
    (a) Notwithstanding any other provision of this title, whenever the 
Secretary determines that it is necessary to reduce the number of 
Reserve officers in an active status in any grade to provide a steady 
flow of promotion, or that there is an excessive number of Reserve 
officers in an active status in any grade, the Secretary may appoint and 
convene a retention board to consider all of the Reserve officers in 
that grade in an active status who have 18 years or more of service for 
retirement, except those officers who--
        (1) are on extended active duty;
        (2) are on a list of selectees for promotion;
        (3) will complete 30 years total commissioned service by June 
    30th following the date that the retention board is convened; or
        (4) have reached age 59 by the date on which the retention board 
    is convened.

The retention board shall select and recommend a specified number of the 
officers under consideration for retention in an active status.
    (b) This board shall--
        (1) to the extent practicable, consist of at least 50 per centum 
    Reserve officers;
        (2) consist only of officers who are senior in rank to any 
    officers being considered by that board; and
        (3) to the extent practicable, consist of officers who have not 
    served on the last previous retention board which considered 
    officers of the same grade.

    (c) Subject to section 12646 of title 10, a Reserve officer who is 
not recommended for retention in an active status under 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 on 
June 30 next following the date on which the report of the retention 
board is approved.
    (d) The provisions of section 260 of this title shall, to the extent 
that they are not inconsistent with this subchapter, apply to boards 
convened under this section.

(Added Pub. L. 96-322, Sec. 1, Aug. 4, 1980, 94 Stat. 1014; amended Pub. 
L. 101-225, title II, Sec. 203(5), Dec. 12, 1989, 103 Stat. 1911; Pub. 
L. 103-206, title II, Sec. 203, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 
103-337, div. A, title XVI, Sec. 1677(b)(5), Oct. 5, 1994, 108 Stat. 
3020; Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(1)(B), Feb. 10, 
1996, 110 Stat. 501.)


                            Prior Provisions

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


                               Amendments

    1996--Subsec. (c). Pub. L. 104-106 substituted ``section 12646 of 
title 10'' for ``section 1006 of title 10''.
    1994--Subsec. (b). Pub. L. 103-337, which directed amendment of 
subsec. (b) by substituting ``section 12646 of title 10'' for ``section 
1006 of title 10'', could not be executed because the words ``section 
1006 of title 10'' did not appear in subsec. (b).
    1993--Pub. L. 103-206 in subsec. (a) in first sentence substituted 
``, except those officers who--'' and pars. (1) to (4) for ``and are not 
on active duty and not on an approved list of selectees for promotion to 
the next higher grade'', realigned margin of second sentence, inserted 
``(b)'' before ``This board shall--'' in third sentence and realigned 
margin, and redesignated former subsecs. (b) and (c) as (c) and (d), 
respectively.
    1989--Subsec. (a). Pub. L. 101-225 inserted ``who have 18 years or 
more of service for retirement and are'' before ``not on active duty''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of Title 10, Armed Forces.


                    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 section 732 of this title.
