U.S Code last checked for updates: Apr 30, 2024
§ 3021.
Original appointments and reappointments
(a)
Original appointments
(1)
Grades
(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
(ii)
Rank
(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).
(3)
Definitions
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
(b)
Reappointment
(1)
In general
(2)
Reappointments to higher grades
(c)
Qualifications
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
1
 So in original. The period probably should not appear.
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.
(d)
Order of precedence
(e)
Inter-service transfers
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.
(Pub. L. 107–372, title II, § 221, Dec. 19, 2002, 116 Stat. 3084; Pub. L. 116–259, title III, § 301(a), Dec. 23, 2020, 134 Stat. 1169; Pub. L. 117–263, div. K, title CXVII, § 11702, Dec. 23, 2022, 136 Stat. 4156.)
cite as: 33 USC 3021