Section 3743 - Eligibility for promotion(a) IN GENERAL.-Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter if that officer is in an active status.(b) EXCEPTION.-A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) 1 of this title is not eligible for consideration for promotion.(c) REQUEST FOR EXCLUSION.-(1) IN GENERAL.-The Commandant may provide that an officer may, upon the officer's request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade.(2) APPROVAL OF REQUEST.-The Commandant shall approve a request under paragraph (1) only if-(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.1 So in original. Probably should be "section 3752(a)".
Added Pub. L. 96-322, §1, Aug. 4, 1980, 94 Stat. 1011, §732; renumbered §3743 and amended Pub. L. 115-282, title I, §§118(b), Dec. 4, 2018, 123, Dec. 4, 2018, 132 Stat. 4233, 4240; Pub. L. 116-283 title LVXXXII [LXXXII], §8202(b), Jan. 1, 2021, 134 Stat. 4643.EDITORIAL NOTES
PRIOR PROVISIONSProvisions similar to those in this section were contained in section 774 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96-322.
AMENDMENTS2021- Pub. L. 116-283 amended section generally. Prior to amendment, text read as follows: "A Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status. A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) of this title, is not eligible for consideration for promotion." 2018- Pub. L. 115-282, §123(b)(2), substituted "subsection 3752(a)" for "subsection 741(a)". Pub. L. 115-282, §118(b), renumbered section 732 of this title as this section.