14-U.S.C.-736
§736 – Date of Rank Upon Promotion; Entitlement to Pay
Pathway
Title 14 > Part II > Chapter 21 > Subchapter B > Commissioned Officers – Section 736
Details
- Reference: Commissioned Officers – Section 736
- Legend: §736 – Date of Rank Upon Promotion; Entitlement to Pay
- USCode Year: 2013
Provision Content
(a) When a Reserve officer is promoted to the next higher grade under this subchapter, the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event the same date of rank shall be assigned as that assigned to the officers running mate. A Reserve officer so promoted shall be allowed the pay and allowances of the higher grade for duty performed from the date of the officers appointment thereto.
(b) Notwithstanding any other provision of law and subject to subsection (c), if promotion of an inactive duty promotion list officer to the grade of rear admiral or rear admiral (lower half) is determined in accordance with a running mate system, a reserve officer, if acceptable to the President and the Senate, shall be promoted to the next higher grade no later than the date the officers running mate is promoted.
(c) For the purposes of this section, the date of appointment shall be that date when promotion authority is exercised by the Secretary. However, the Secretary may adjust the date of appointment—
(1) if a delay in the finding required under section 734(a) of this title is beyond the control of the officer and the officer is otherwise qualified for promotion; or
(2) for any other reason that equity requires.
(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1012; amended Pub. L. 97–417, §2(14), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, §203(4), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 107–295, title IV, §411(c), Nov. 25, 2002, 116 Stat. 2118; Pub. L. 108–293, title II, §220(b), (c), Aug. 9, 2004, 118 Stat. 1039.)
Prior Provisions
Provisions similar to those in this section were contained in section 784 of this title prior to the complete revision of this chapter by Pub. L. 96–322.
Amendments
2004—Subsec. (b). Pub. L. 108–293, §220(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: Notwithstanding any other law, when the running mate of a reserve officer serving in the grade of rear admiral (lower half) is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade.
Subsec. (c). Pub. L. 108–293, §220(c), struck out of subsection (a) after For the purposes.
2002—Subsec. (a). Pub. L. 107–295 inserted the date of rank shall be the date of appointment in that grade, unless the promotion was determined in accordance with a running mate system, in which event after subchapter,.
1989—Subsec. (c). Pub. L. 101–225 inserted provision authorizing Secretary to adjust date of appointment.
1985—Subsec. (b). Pub. L. 99–145 substituted rear admiral (lower half) for commodore.
1983—Subsec. (b). Pub. L. 97–417 substituted provision that, notwithstanding any other law, when the running mate of a reserve officer serving in the grade of commodore is promoted to the grade of rear admiral, the reserve officer shall also be promoted to that grade, for provision that, notwithstanding any other law and when a Reserve officers running mate was so entitled, a Reserve officer in the grade of rear admiral was entitled to the pay and allowances of the upper half for duty performed.
U.S. Encyclopedia of Law Coverage
14-U.S.C.-726 in the Legal Encyclopedia: Coast Guard
In this entry about 14-U.S.C.-726, find legal reference material, bibliographies and premiere content related to coast guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States coast guard-specific issues, written by authorities in the field.
Leave a Reply