14 U.S.C. § 740 : US Code - Section 740: Failure of selection and removal from an active status

Search 14 U.S.C. § 740 : US Code - Section 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.