§3749 — Title 14 Coast Guard | U.S. Code

Summary

The President can remove an officer’s name from a promotion list for a good reason. If the Senate is supposed to approve an appointment and it does not approve, the officer’s name must be taken off that list. An officer who was removed can still be considered by the next promotion board. If chosen then, the officer gets the same rank date and seniority as if they had never been removed. If not chosen next time, or removed again, it counts as two failed promotion attempts.

Title 14, §3749

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(a)The President may, for cause, remove the name of any officer from a list of selectees established under section 3740 of this title.

(b)If the Senate, where required, does not consent to the appointment of an officer whose name is on a list of selectees established under section 3740 of this title, that officer’s name shall be removed from the list.

(c)An officer whose name is removed from a list of selectees under subsection (a) or (b) continues to be eligible for consideration for promotion. If selected for promotion by the next selection board and promoted, that officer shall be assigned the date of rank and precedence that would have been assigned if the officer’s name had not been previously removed. However, if the officer is not selected by the next selection board, or if the officer’s name is again removed from the list of selectees, the officer shall be considered for all purposes as having twice failed of selection for promotion.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 788 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

Amendments

2018—Pub. L. 115–282, § 118(b), renumbered section 738 of this title as this section. Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 3740” for “section 729”.

Executive Documents

Delegation of Functions For assignment of functions of President under subsec. (a) of this section, see section 2(d) 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.

§3749 Effect of removal by the President or failure of consent of the Senate