33 U.S.C. § 3021
Section 3021 · Original appointments
Current version, with additions and removals from the December 19, 2002 version.
(1) Grades
(1) Grades
Original appointments may be made in the grades of ensign, lieutenant (junior grade), and lieutenant.
(2) Qualifications
Under regulations prescribed by the Secretary, such an appointment may be given only to a person who—
(A) meets the qualification requirements specified in paragraphs (1) through (4) of section 532(a) of title 10; and
(B) has such other special qualifications as the Secretary may prescribe by regulation.
(A) In general
Except as provided in subparagraph (B), an original appointment of an officer may be made in such grades as may be appropriate for—
(i) the qualification, experience, and length of service of the appointee; and
(ii) the commissioned officer corps of the Administration.
(B) Appointment of officer candidates
(i) Limitation on grade
An original appointment of an officer candidate, upon graduation from the basic officer training program of the commissioned officer corps of the Administration, may not be made in any other grade than ensign.
(ii) Rank
Officer candidates receiving appointments as ensigns upon graduation from the basic officer training program shall take rank according to their proficiency as shown by the order of their merit at date of graduation.
(2) Source of appointments
An original appointment may be made from among the following:
(A) Graduates of the basic officer training program of the commissioned officer corps of the Administration.
(B) Subject to the approval of the Secretary of Defense, graduates of the military service academies of the United States who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
(C) Graduates of the State maritime academies who—
(i) otherwise meet the academic standards for enrollment in the training program described in subparagraph (A);
(ii) completed at least three years of regimented training while at a State maritime academy; and
(iii) obtained an unlimited tonnage or unlimited horsepower Merchant Mariner Credential from the United States Coast Guard.
(D) Licensed officers of the United States merchant marine who have served two or more years aboard a vessel of the United States in the capacity of a licensed officer, who otherwise meet the academic standards for enrollment in the training program described in subparagraph (A).
A person may be given such an appointment only after passage of a mental and physical examination given in accordance with regulations prescribed by the Secretary.
(4) Revocation of commission of officers found not qualified
The President may revoke the commission of any officer appointed under this section during the officer's first three years of service if the officer is found not qualified for the service. Any such revocation shall be made under regulations prescribed by the President.
Each person appointed under this section shall be placed on the lineal list in a position commensurate with that person's age, education, and experience, in accordance with regulations prescribed by the Secretary.
In this subsection:
(A) Military service academies of the United States
The term "military service academies of the United States" means the following:
(i) The United States Military Academy, West Point, New York.
(ii) The United States Naval Academy, Annapolis, Maryland.
(iii) The United States Air Force Academy, Colorado Springs, Colorado.
(iv) The United States Coast Guard Academy, New London, Connecticut.
(v) The United States Merchant Marine Academy, Kings Point, New York.
(B) State maritime academy
The term "State maritime academy" has the meaning given the term in section 51102 of title 46.
(1) In general
(1) In general
For the purposes of basic pay, a person appointed under this section in the grade of lieutenant shall be credited as having, on the date of that appointment, three years of service, and a person appointed under this section in the grade of lieutenant (junior grade) shall be credited as having, as of the date of that appointment, 11/2 years of service.
(2) Higher credit under other law
If a person appointed under this section is entitled to credit for the purpose of basic pay under any other provision of law that would exceed the amount of credit authorized by paragraph (1), that person shall be credited with that amount of service in lieu of the credit authorized by paragraph (1).
Except as provided in paragraph (2), an individual who previously served in the commissioned officer corps of the Administration may be appointed by the Secretary to the grade the individual held prior to separation.
(2) Reappointments to higher grades
An appointment under paragraph (1) to a position of importance and responsibility designated under section 3028 of this title may only be made by the President.
An appointment under subsection (a) or (b) may—
(1) be given only to an individual who is a citizen of the United States; and
(2) not be given.1 to an individual until the individual's mental, moral, physical, and professional fitness to perform the duties of an officer has been established under such regulations as the Secretary shall prescribe.
Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. The order of precedence of appointees whose dates of commission are the same shall be determined by the Secretary.
For inter-service transfers (as described in Department of Defense Directive 1300.4 (dated December 27, 2006)) the Secretary shall—
(1) coordinate with the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating to promote and streamline inter-service transfers;
(2) give preference to such inter-service transfers for recruitment purposes as determined appropriate by the Secretary; and
(3) reappoint such inter-service transfers to the equivalent grade in the commissioned officer corps of the Administration.