§2121 Promotions; appointments

2022—Subsec. (f). Pub. L. 117–263 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.” 2018—Pub. L. 115–282, § 112(b), renumbered section 271 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2103” for “section 42”. 2002—Subsec. (a). Pub. L. 107–295 inserted at end “The names of all officers approved by the President and recommended by the board to be placed at the top of the list of selectees shall be placed at the top of the list of selectees in the order of seniority on the active duty promotion list.” 1994—Subsec. (e). Pub. L. 103–337 substituted “section 12203 of title 10” for “section 593 of title 10”. 1989—Subsec. (e). Pub. L. 101–225 inserted “except that advice and consent is not required for appointments under this section in the grade of lieutenant (junior grade) or lieutenant” before the period at end of first sentence. 1985—Subsec. (d). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”. 1983—Subsec. (c). Pub. L. 97–417, § 2(5)(A), inserted a comma after “ensign may”. Subsecs. (d) to (f). Pub. L. 97–417, § 2(5)(B), (C), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1970—Subsec. (c). Pub. L. 91–278 substituted “twelve” for “eighteen”.

of 1994 AmendmentAmendment 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

note under section 10001 of Title 10, Armed Forces. Rule of

Pub. L. 112–213, title II, § 208(e)(2), Dec. 20, 2012, 126 Stat. 1549, provided that: “section 271, 272, and 273 [now 2121, 2122, and 2123] of title 14, United States Code, apply to the activities of— “(A) a selection board convened under section 251 [now 2106] of such title; and “(B) a special selection board convened under section 263 [now 2120] of such title.” Permanent Grades and Titles for Officers Holding Certain Grades on January 3, 1983 Pub. L. 97–417, § 4, Jan. 4, 1983, 96 Stat. 2087, provided that: “(a) An officer of the Coast Guard who on the day before the

of this Act [Jan. 4, 1983]—“(1) was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the upper half; or “(2) was serving on active duty in the grade of admiral or vice admiral, shall after that date hold the permanent grade of rear admiral. “(b) An officer who on the day before the

of this Act [Jan. 4, 1983] was serving on active duty in the grade of rear admiral and was receiving the basic pay of a rear admiral of the lower half shall after that date hold the permanent grade of commodore, but shall retain the title of rear admiral. “(c) An officer who on the day before the

of this Act [Jan. 4, 1983] was on an approved list of officers recommended for promotion to the grade of rear admiral shall, upon promotion, hold the grade of commodore with the title of rear admiral. “(d) An officer who on the day before the

of this Act [Jan. 4, 1983]—“(1) was serving on active duty in the grade of rear admiral and was entitled to the basic pay of a rear admiral of the lower half; or “(2) was on an approved list of officers recommended for promotion to the grade of rear admiral, shall, on and after the

of this Act, or in the case of an officer on such a list, upon promotion to the grade of commodore, be entitled to wear the uniform and insignia of a rear admiral. “(e) An officer of the Coast Guard who on the day before the

of this Act [Jan. 4, 1983] held the grade of rear admiral on the retired list retains the grade of rear admiral and is entitled after that date to wear the uniform and insignia of a rear admiral. Such an officer, when ordered to active duty—“(1) holds the grade and has the right to wear the uniform and insignia of a rear admiral; and “(2) ranks among commissioned officers of the Armed Forces as and is entitled to the basic pay of—“(A) a commodore, if his retired pay was based on the basic pay of a rear admiral of the lower half on the day before the

of this Act; or “(B) a rear admiral, if his retired pay was based on the basic pay of a rear admiral of the upper half on the day before the

of this Act. “(f) Unless entitled to a higher grade under another provision of law, an officer who on the day before the

of this Act [Jan. 4, 1983]—“(1) was serving on active duty, and “(2) held the grade of rear admiral; and who retires on or after the

of this Act, retires in the grade of rear admiral and is entitled to wear the uniform and insignia of a rear admiral. If such an officer is ordered to active duty after his retirement, he is considered, for the purposes of determining his pay, uniform, insignia, and rank among other commissioned officers, as having held the grade of rear admiral on the retired list on the day before the

of this Act.” Temporary Grades and Recommendations for Promotions in Effect Prior to September 24, 1963

s in section 5(a), (b), and (d) of Pub. L. 88–130, protecting officers recommended for promotion or serving in temporary grade higher than permanent grade, are set out as a note under section 2101 of this title.

Delegation of Authority Authority of President under subsec. (e) of this section to appoint officers in the grades of lieutenant (junior grade) and lieutenant delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(d), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.