§ 41a. — Active duty promotion list.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC41a]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec. 41a. Active duty promotion list
(a) The Secretary shall maintain a single active duty promotion list
of officers of the Coast Guard on active duty in the grades of ensign
and above. Reserve officers on active duty, other than pursuant to an
active duty agreement executed under section 12311 of title 10, retired
officers, and officers of the permanent commissioned teaching staff of
the Coast Guard Academy shall not be included on the active duty
promotion list.
(b) Officers shall be carried on the active duty promotion list in
the order of seniority of the grades in which they are serving. Officers
serving in the same grade shall be carried in the order of their
seniority in that grade. The Secretary may correct any erroneous
position on the active duty promotion list that was caused by
administrative error.
(c) A person appointed in the grade of ensign or above in the
Regular Coast Guard shall be placed on the active duty promotion list in
the order of his date of rank and seniority.
(d) A Reserve officer, other than one excluded by subsection (a),
shall, when he enters on active duty, be placed on the active duty
promotion list in accordance with his grade and seniority. The position
of such a Reserve officer among other officers of the Coast Guard on
active duty who have the same date of rank shall be determined by the
Secretary.
(Added Pub. L. 88-130, Sec. 1(1), Sept. 24, 1963, 77 Stat. 174; amended
Pub. L. 91-278, Sec. 1(2), June 12, 1970, 84 Stat. 304; Pub. L. 93-174,
Sec. 1(1), Dec. 5, 1973, 87 Stat. 692; Pub. L. 97-136, Sec. 6(a), Dec.
29, 1981, 95 Stat. 1706; Pub. L. 103-206, title II, Sec. 205(a), Dec.
20, 1993, 107 Stat. 2422; Pub. L. 103-337, div. A, title XVI,
Sec. 1677(b)(1), Oct. 5, 1994, 108 Stat. 3019.)
Amendments
1994--Subsec. (a). Pub. L. 103-337 substituted ``section 12311 of
title 10'' for ``section 679 of title 10''.
1993--Subsec. (b). Pub. L. 103-206 struck out before period at end
of second sentence ``, except that the rear admiral serving as Chief of
Staff shall be the senior rear admiral for all purposes other than
pay''.
1981--Subsec. (a). Pub. L. 97-136, Sec. 6(a)(1), substituted
``Reserve officers on active duty, other than pursuant to an active duty
agreement executed under section 679 of title 10, retired officers, and
officers of the permanent commissioned teaching staff of the Coast Guard
Academy shall not'' for ``Retired officers and officers of the permanent
commissioned teaching staff of the Coast Guard Academy shall not be
included on the active duty promotion list. Reserve officers on extended
active duty, other than those serving in connection with organizing,
administering, recruiting, instructing, or training the Reserve
components or assigned to the Selective Service System, shall''.
Subsec. (b). Pub. L. 97-136, Sec. 6(a)(2), inserted exception that
rear admiral serving as Chief of Staff shall be senior rear admiral for
all purposes other than pay.
Subsec. (d). Pub. L. 97-136, Sec. 6(a)(3), substituted ``enters on
active duty'' for ``enters on extended active duty''.
1973--Subsec. (a). Pub. L. 93-174 substituted ``Retired officers and
officers'' for ``Retired officers, officers'' and struck out ``, and
officers of the Women's Reserve'' after ``Coast Guard Academy''.
1970--Subsec. (a). Pub. L. 91-278 inserted ``or assigned to the
Selective Service System'' after ``components'' in last sentence.
Effective Date of 1994 Amendment
Amendment 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
Effective Date note under section 10001 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in section 770 of this title; title 10
section 583.
