Title 14Coast GuardRelease 119-73

§3740 Promotion; recommendations of selection boards

Title 14 › Subtitle SUBTITLE III— - COAST GUARD RESERVE AND AUXILIARY › Chapter CHAPTER 37— - COAST GUARD RESERVE › Subchapter SUBCHAPTER II— - PERSONNEL › § 3740

Last updated Apr 6, 2026|Official source

Summary

Reserve officers can only get promoted when a selection board recommends them, unless another law says otherwise. The Secretary sets up these boards from time to time to look at one or more ranks and pick officers to move up. Boards choose the best-qualified officers who are lieutenant (junior grade) or higher, and those they find fully qualified who are ensigns. Before a board meets, the Secretary creates a promotion zone of officers eligible for consideration and decides how many in each rank the board may recommend. For ranks above lieutenant (junior grade), the Secretary sets a maximum number of promotions based on the Coast Guard’s needs, including how many jobs exist, how many vacancies are expected, how many officers are allowed on active status, and any legal limits. The Secretary can allow consideration of officers from below the promotion zone, but normally only up to 10% of the board’s authorized recommendations, or up to 15% if needed. If the calculated maximum is less than one, the board may recommend one officer from below the zone. Promotions from below do not raise the board’s overall cap. Rules that apply to Regular Coast Guard promotions to rear admiral (lower half) and rear admiral also apply to Reserve officers, except an officer must have 10 years of commissioned service and the last five of those years in the Coast Guard Reserve to be considered for rear admiral (lower half). The Secretary decides board procedures. Board reports go to the Secretary and then to the President, who can remove names. The President-approved recommendations become a list of selectees. Officers stay on a list until promoted unless the President removes them. Older approved lists get filled before newer ones. When a vacancy opens, an officer on a list must be offered the next higher rank as soon as practical, and paired promotions happen at the same time.

Full Legal Text

Title 14, §3740

Coast Guard — Source: USLM XML via OLRC

(a)Except as otherwise provided by law, a Reserve officer shall only be promoted pursuant to the recommendation of a selection board.
(b)The Secretary shall convene selection boards from time to time to recommend Reserve officers for promotion to the next higher grade. A board may be convened to consider officers in one or more grades.
(c)A selection board shall, from among the names of those eligible Reserve officers submitted to it, recommend for promotion to the next higher grade:
(1)those officers serving in the grade of lieutenant (junior grade) or above whom it considers to be best qualified; and
(2)those officers serving in the grade of ensign whom it considers to be fully qualified.
(d)(1)Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by the board. The Secretary shall determine the number of officers in the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade.
(2)(A)Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum number of officers in that grade that the board may recommend for promotion.
(B)The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard for Reserve officers in an active status.
(C)In order to make the determination under subparagraph (B), the Secretary shall determine the following:
(i)The number of positions needed to accomplish mission objectives that require officers in the grade to which the board will recommend officers for promotion.
(ii)The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted.
(iii)The number of officers authorized by the Secretary to serve in an active status in the grade under consideration.
(iv)Any statutory limitation on the number of officers in any grade authorized to be in an active status.
(3)(A)The Secretary may, when the needs of the Coast Guard require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from below the promotion zone.
(B)When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion, except that the Secretary may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If the maximum number determined under this subparagraph is less than one, the board may recommend one officer for promotion from below the promotion zone.
(C)The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under paragraph (2).
(e)The law and regulations relating to the selection for promotion of a commissioned officer of the Regular Coast Guard to the grades of rear admiral (lower half) and rear admiral apply to a Reserve officer, except that to be eligible for consideration for promotion to the grade of rear admiral (lower half) an officer shall have completed at least ten years commissioned service, of which the last five years shall have been served in the Coast Guard Reserve.
(f)The provisions of section 2115 and 2117 of this title apply to boards convened under this section. The Secretary shall determine the procedure to be used by a selection board.
(g)The report of a selection board shall be submitted to the Secretary for review and transmission to the President for approval. When an officer recommended by a board for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(h)The recommendations of a selection board, as approved by the President, constitute a list of selectees from which the promotions of Reserve officers shall be made. An officer on a list of selectees remains thereon until promoted unless removed by the President under section 3749 of this title. If an existing list of selectees has not been exhausted by the time a later list has been approved, all officers remaining on the older list shall be tendered appointments prior to those on the later list.
(i)A Reserve officer whose name is on a list of selectees for promotion shall, unless that officer’s promotion is lawfully withheld, be tendered an appointment in the next higher grade on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system, at the same time, or as soon thereafter as practicable, as that officer’s running mate is tendered a similar appointment.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 780 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

Amendments

2025—Subsec. (f). Pub. L. 119–60 substituted “section 2115 and 2117” for “section 2117”. 2018—Pub. L. 115–282, § 118(b), renumbered section 729 of this title as this section. Subsec. (f). Pub. L. 115–282, § 123(b)(2), substituted “section 2117” for “section 260”. Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted “section 3749” for “section 738”. 2002—Subsec. (i). Pub. L. 107–295 inserted “on the date a vacancy occurs, or as soon thereafter as practicable in the grade to which the officer was selected for promotion or, if promotion was determined in accordance with a running mate system,” after “grade”. 2000—Subsec. (d). Pub. L. 106–398 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Before convening a selection board to recommend Reserve officers for promotion to a grade above lieutenant (junior grade), the Secretary shall determine the total number of Reserve officers to be selected for promotion to that grade. The number to be selected shall normally be equal to the number of vacancies existing in that grade, plus the number of vacancies anticipated over the next twelve months, minus the number of officers on the list of selectees for that grade. The Secretary may, however, prescribe

Regulations

that provide for the establishment of promotion opportunity percentages for each grade to ensure that equitable promotion opportunities exist among successive groups of Reserve officers being considered for promotion. The number so determined may not cause the number of Reserve officers in an active status in a grade to exceed that authorized for the grade concerned.” 1985—Subsec. (e). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” wherever appearing. 1983—Subsec. (e). Pub. L. 97–417 substituted “the grades of commodore and rear admiral” for “the grade of rear admiral”, and inserted “for promotion to the grade of commodore” after “consideration”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 Amendment Pub. L. 106–398, § 1 [[div. A], title V, § 502(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–100, provided that: “The

Amendments

made by this section [amending this section and section 731 of this title] shall apply with respect to selection boards convened under section 730 [now 3741] of title 14, United States Code, on or after the date of the enactment of this Act [Oct. 30, 2000].”

Executive Documents

Delegation of Functions For assignment of functions of President under subsec. (g) of this section, see section 2(c) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Reference

Citations & Metadata

Citation

14 U.S.C. § 3740

Title 14Coast Guard

Last Updated

Apr 6, 2026

Release point: 119-73