[USC02] 14 USC 2113: Eligibility of officers for consideration for promotion
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14 USC 2113: Eligibility of officers for consideration for promotion Text contains those laws in effect on November 20, 2019
From Title 14-COAST GUARDSUBTITLE II-PERSONNELCHAPTER 21-PERSONNEL; OFFICERSSUBCHAPTER I-APPOINTMENT AND PROMOTION

§2113. Eligibility of officers for consideration for promotion

(a) An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the promotion year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:

(1) two years in the grade of lieutenant (junior grade);

(2) three years in the grade of lieutenant;

(3) four years in the grade of lieutenant commander;

(4) four years in the grade of commander; and

(5) three years in the grade of captain.


(b) For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a grade under a temporary service appointment under section 2125 of this title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.

(c) No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.

(d) Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he-

(1) continues on active duty; and

(2) is not promoted to that grade.


(e) An officer whose involuntary retirement or separation is deferred under section 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.

(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179 , §257; amended Pub. L. 94–546, §1(19), Oct. 18, 1976, 90 Stat. 2520 ; Pub. L. 98–557, §17(b)(1), Oct. 30, 1984, 98 Stat. 2867 ; Pub. L. 109–241, title II, §203, July 11, 2006, 120 Stat. 520 ; renumbered §2113 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216 , 4240.)

Amendments

2018-Pub. L. 115–282, §112(b), renumbered section 257 of this title as this section.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2125" for "section 275".

Subsec. (e). Pub. L. 115–282, §123(b)(2), substituted "section 2156" for "section 295".

2006-Subsec. (f). Pub. L. 109–241 added subsec. (f).

1984-Subsec. (e). Pub. L. 98–557 added subsec. (e).

1976-Subsec. (a). Pub. L. 94–546, §1(19)(a), substituted "promotion year" for "fiscal year".

Subsec. (d). Pub. L. 94–546, §1(19)(b), struck out cl. (3) "if serving in a grade below captain, has not twice failed of selection for promotion to the next higher grade."