republic-os/legal/us/code/title-14/chapter-21/section-2116.md

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LegalText	14 U.S.C. § 2116	Officers to be recommended for promotion	us	united_states_code	code_section	14	COAST GUARD	21	PERSONNEL; OFFICERS	2116	14 U.S.C. § 2116	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc14@119-100.zip	/us/usc/t14/s2116	data/legal/raw/us/code/title-14/usc14.xml	2968e7e866d448a0cb3b29af27bbd51df5aa7eba6a8cd93f94530e32c2ced2bb	0a287809467d795ac0e1a72d6743ea6b1d340c0f74c77c67bfeba10724006304	755f61bcc40cb3518b95e69c387d25db377aa9259a87b5abcd1a603a02ce58e5	2026-07-04	official	legal us-code

14 U.S.C. § 2116 - Officers to be recommended for promotion

Text

(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 2115 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 2106 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 2121(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 three times 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, § 259; 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; renumbered § 2116 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 117–263, div. K, title CXII, § 11238, Dec. 23, 2022, 136 Stat. 4037.)

Notes

Editorial Notes

Amendments2022—Subsec. (c)(1). Pub. L. 117–263 inserted “three times” after “may not exceed”. 2018—Pub. L. 115–282, § 112(b), renumbered section 259 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2115” for “section 258”. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251” in introductory provisions. Subsec. (c)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2121(a)” for “section 271(a)”. 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”.