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PUBLIC LAW 88-130-SEPT. 24, 1963
[77
STAT.
Public Law 88-130 September 24, 1963 [H. R. 5623]
Coast Guard. Officers, promotion, separation, etc.
AN ACT To amend the provisions of title 14, United States Oode, relating to the appointment, promotion, separation, and retirement of officers of the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress ossembled^ That title 14, United States Code, is amended as follows: (1) The following new section is added after section 4 1: "§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. Retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers of the Women's Reserve 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, shall 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 extended 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." (2) Section 42 is amended to read as follows:
- § 42. Number and distribution of commissioned officers
" (a) The total number of commissioned officers, excluding commissioned warrant officers, on active duty in the Coast Guard shall not exceed three thousand five hundred. "(b) The commissioned officers on the active duty promotion list shall be distributed in grade in the following percentages, respectively: rear admiral 0.75; captain 6.0; commander 12.0; lieutenant commander 18.0. The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce the percentage applicable to any grade above lieutenant commander, and in order to compensate for such reduction increase correspondingly the percentage applicable to any lower grade. "(c) The Secretary shall, at least once each year, make a computation to determine the number of officers on the active duty promotion list authorized to be serving in ^ach grade. The number in each grade shall be computed by applying the applicable percentage to the total number of such officers serving on active duty on the date the computation is made. I n making computations under this section the nearest whole number shall be regarded as the authorized number in any case where there is a fraction in the final result.
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