14-U.S.C.-259
§259 – officers to Be Recommended For Promotion
Pathway
Title 14 > Part I > Chapter 11 > Officers – B. Selection For Promotion – Section 259
Details
- Reference: Officers – B. Selection For Promotion – Section 259
- Legend: §259 – officers to Be Recommended For Promotion
- USCode Year: 2013
Provision Content
(a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title, considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(b) The number of officers that a board convened under section 251 of this title may recommend for promotion to a grade below rear admiral (lower half) from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed—
(1) 5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander;
(2) 7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and
(3) 10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain;
unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion.
(c)(1) In selecting the officers to be recommended for promotion, a selection board may recommend officers of particular merit, from among those officers chosen for promotion, to be placed at the top of the list of selectees promulgated by the Secretary under section 271(a) of this title. The number of officers that a board may recommend to be placed at the top of the list of selectees may not exceed the percentages set forth in subsection (b) unless such a percentage is a number less than one, in which case the board may recommend one officer for such placement. No officer may be recommended to be placed at the top of the list of selectees unless he or she receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.
(2) The Secretary shall conduct a survey of the Coast Guard officer corps to determine if implementation of this subsection will improve Coast Guard officer retention. A selection board may not make any recommendation under this subsection before the date on which the Secretary publishes a finding, based upon the results of the survey, that implementation of this subsection will improve Coast Guard officer retention.
(3) The Secretary shall submit any finding made by the Secretary pursuant to paragraph (2) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 180; amended Pub. L. 97–417, §2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title III, §313(1), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 111–281, title II, §212(3), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 112–213, title II, §217(3), Dec. 20, 2012, 126 Stat. 1557.)
Amendments
2012—Subsec. (c)(1). Pub. L. 112–213 substituted In selecting for After selecting.
2010—Subsec. (a). Pub. L. 111–281 inserted , giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title, after whom the board.
2002—Subsec. (c). Pub. L. 107–295 added subsec. (c).
1985—Subsec. (b). Pub. L. 99–145 substituted rear admiral (lower half) for commodore.
1983—Subsec. (b). Pub. L. 97–417 substituted commodore for real admiral.
U.S. Encyclopedia of Law Coverage
14-U.S.C.-253 in the Legal Encyclopedia: Coast Guard
In this entry about 14-U.S.C.-253, 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.
14-U.S.C.-215 in the Legal Encyclopedia: Regular Coast Guard
In this entry about 14-U.S.C.-215, find legal reference material, bibliographies and premiere content related to regular coast guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States regular coast guard-specific issues, written by authorities in the field.
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