14 U.S.C. § 311

(a) The United States Coast Guard Band shall be composed of a director and other personnel in such numbers and grades as the Secretary determines to be necessary. (b) The Secretary may designate as the director any individual determined by the Secretary to possess the necessary qualifications. Upon the recommendation of the Secretary, an individual so designated may be appointed by the President, by and with the advice and consent of the Senate, to a commissioned grade in the Regular Coast Guard. (c) The initial appointment to a commissioned grade of an individual designated as director of the Coast Guard Band shall be in the grade determined by the Secretary to be most appropriate to the qualifications and experience of the appointed individual. (d) An individual who is designated and commissioned under this section shall not be included on the active duty promotion list. He shall be promoted under section 2126 of this title . However, the grade of the director may not be higher than captain. (e) The Secretary may revoke any designation as director of the Coast Guard Band. When an individual’s designation is revoked, his appointment to commissioned grade under this section terminates and he is entitled, at his option— (1) to be discharged from the Coast Guard; or (2) to revert to the grade and status he held at the time of his designation as director.