§2122 — Title 14 Coast Guard | U.S. Code

Summary

The President can take an officer’s name off a list of people picked for promotion. If the Senate does not approve an officer’s appointment, that officer’s name must be removed from the list. Being removed does not stop the officer from being considered again. If the next promotion board selects and promotes the officer, the officer gets the same promotion date and place on the active-duty list they would have had before removal. If the officer is not selected by the next board or is removed again, it counts as having failed selection for promotion twice.

Title 14, §2122

Coast Guard — Source: USLM XML via OLRC

(a)The President may remove the name of any officer from a list of selectees established under section 2121 of this title.

(b)If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 2121 of this title, that officer’s name shall be removed from this list.

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

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 272 of this title as this section. Subsecs. (a), (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2121” for “section 271”.

Executive Documents

Delegation of Authority Authority of President under subsec. (a) of this section to remove a name of an officer from a list of selectees delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(b), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title.

§2122 Removal of Officer From List of Selectees for Promotion