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14 USC CHAPTER 11 - PERSONNEL 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

.

-HEAD-

CHAPTER 11 - PERSONNEL

-MISC1-

OFFICERS

A. APPOINTMENTS

Sec.

211. Original appointment of permanent commissioned officers.

(212, 213. Repealed.)

214. Appointment of temporary officers.

215. Rank of warrant officers.

(221 to 248. Repealed.)

B. SELECTION FOR PROMOTION

251. Selection boards; convening of boards.

252. Selection boards; composition of boards.

253. Selection boards; notice of convening; communication with

board.

254. Selection boards; oath of members.

255. Number of officers to be selected for promotion.

256. Promotion zones.

256a. Promotion year; defined.

257. Eligibility of officers for consideration for promotion.

258. Selection boards; information to be furnished boards.

259. Officers to be recommended for promotion.

260. Selection boards; reports.

261. Selection boards; submission of reports.

262. Failure of selection for promotion.

C. PROMOTIONS

271. Promotions; appointments.

272. Removal of officer from list of selectees for promotion.

273. Promotions; acceptance; oath of office.

274. Promotions; pay and allowances.

275. Wartime temporary service promotions.

276. Promotion of officers not included on active duty promotion

list.

(277. Repealed.)

D. DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS

281. Revocation of commissions during first five years of

commissioned service.

282. Regular lieutenants (junior grade); separation for failure of

selection for promotion.

283. Regular lieutenants; separation for failure of selection for

promotion; continuation.

284. Regular Coast Guard; officers serving under temporary

appointments.

285. Regular lieutenant commanders and commanders; retirement for

failure of selection for promotion.

286. Discharge in lieu of retirement; severance pay.

286a. Regular warrant officers: severance pay.

287. Separation for failure of selection for promotion or

continuation; time of.

288. Regular captains; retirement.

289. Captains; continuation on active duty; involuntary retirement.

290. Rear admirals and rear admirals (lower half); continuation on

active duty; involuntary retirement.

291. Voluntary retirement after twenty years' service.

292. Voluntary retirement after thirty years' service.

293. Compulsory retirement at age of sixty-two.

294. Retirement for physical disability after selection for

promotion; grade in which retired.

295. Deferment of retirement or separation for medical reasons.

(301 to 315. Repealed.)

E. SEPARATION FOR CAUSE

321. Review of records of officers.

322. Boards of inquiry.

323. Boards of review.

324. Composition of boards.

325. Rights and procedures.

326. Removal of officer from active duty; action by Secretary.

327. Officers considered for removal; retirement or discharge;

severance benefits.

F. MISCELLANEOUS PROVISIONS

331. Recall to active duty during war or national emergency.

332. Recall to active duty with consent of officer.

333. Relief of retired officer promoted while on active duty.

334. Grade on retirement.

335. Physical fitness of officers.

336. United States Coast Guard Band; composition; director.

ENLISTED MEMBERS

350. Recruiting campaigns.

351. Enlistments; term, grade.

352. Promotion.

353. Compulsory retirement at age of sixty-two.

354. Voluntary retirement after thirty years' service.

355. Voluntary retirement after twenty years' service.

(356. Repealed.)

357. Involuntary retirement of enlisted members.

(358. Repealed.)

359. Recall to active duty during war or national emergency.

360. Recall to active duty with consent of member.

361. Relief of retired enlisted member promoted while on active

duty.

362. Retirement in cases where higher grade or rating has been

held.

(363, 364. Repealed.)

365. Extension of enlistments.

366. Retention beyond term of enlistment in case of disability.

367. Detention beyond term of enlistment.

(368. Repealed.)

369. Inclusion of certain conditions in enlistment contract.

370. Discharge within three months before expiration of enlistment.

371. Aviation cadets; procurement; transfer.

372. Aviation cadets; benefits.

373. Aviation cadets; appointment as Reserve officers.

GENERAL PROVISIONS

421. Retirement.

422. Status of recalled personnel.

423. Computation of retired pay.

424. Limitations on retirement and retired pay.

424a. Suspension of payment of retired pay of members who are

absent from the United States to avoid prosecution.

425. Board for Correction of Military Records deadline.

SPECIAL PROVISIONS

(431. Repealed.)

432. Personnel of former Lighthouse Service.

(433 to 440. Repealed.)

HISTORICAL AND REVISION NOTES

This chapter, dealing with the appointment, enlistment,

promotion, retirement and recall of all military personnel, covers

subject matter which has been greatly affected by war-time

legislation and, therefore, has required rather extensive rewriting

of existing law in order to correlate all of the various

provisions. An attempt has been made to provide for enlisted men

and warrant officers in a manner similar to the way that

commissioned officers are provided for; for example, the act of

February 21, 1946, ch. 34, 60 Stat. 29 (title 14, U.S.C., 1946 ed.,

Sec. 162a), made provision for the retirement of commissioned

officers on half pay after twenty years naval service, and a prewar

statute provided for twenty year retirement of enlisted men on half

pay. This leaves warrant officers the only military group not

eligible for retirement in twenty years, and a provision such as

found in section 305 of this title, granting such retirement, seems

clearly indicated in order to avoid unjust discrimination.

The subject matter seemed to break down into the sub-heads of

''Commissioned Officers'', ''Warrant Officers'', ''Enlisted Men'',

and ''General Provisions''. Each of the first three sub-heads

parallels the other two, insofar as the applicability of statutes

of the three groups permits. The last sub-head includes the broad

provisions which, in the same terms, can be made applicable to all

military personnel. In accord with existing Navy and Coast Guard

law, the term ''commissioned officer'' includes commissioned

warrant officers unless specifically excepted, or manifestly

inapplicable. Heretofore Coast Guard statutes have designated

commissioned warrant officers as chief warrant officers; in line

with Navy designation it is changed to commissioned warrant

officers throughout this title. Terms such as ''Coast Guard

personnel'' or ''personnel of the Coast Guard'', as used throughout

this title, are intended to include all employees of the Service,

civilian and military. 81st Congress, House Report No. 557.

AMENDMENT OF ANALYSIS

Pub. L. 107-295, title IV, Sec. 416(b)(2)-(4), (c), Nov. 25,

2002, 116 Stat. 2122, provided that, effective 4 years after Nov.

25, 2002, the table of sections for this chapter is amended by

substituting ''separation'' for ''severance'' in items 286, 286a,

and 327.

AMENDMENTS

2002 - Pub. L. 107-295, title IV, Sec. 416(b)(1), 444(b), Nov.

25, 2002, 116 Stat. 2122, 2133, substituted ''five'' for ''three''

in item 281 and added item 424a.

1996 - Pub. L. 104-324, title II, Sec. 209(b), 210(b), 211(b),

Oct. 19, 1996, 110 Stat. 3914, 3915, substituted ''Appointment''

for ''Original appointment'' in item 214, struck out item 277

''Temporary promotions of warrant officers'', and added item 425.

1994 - Pub. L. 103-337, div. A, title V, Sec. 541(e)(2),

(f)(5)(B), Oct. 5, 1994, 108 Stat. 2766, 2767, struck out items 212

''Original appointment of permanent commissioned warrant officers''

and 213 ''Original appointment of permanent warrant officers

(W-1)'' and added item 215.

1991 - Pub. L. 102-241, Sec. 6(b), Dec. 19, 1991, 105 Stat. 2212,

substituted ''Involuntary retirement of enlisted members'' for

''Enlisted Personnel Board'' in item 357.

1986 - Pub. L. 99-640, Sec. 10(a)(6)(B), Nov. 10, 1986, 100 Stat.

3549, struck out items 431, 433, 434, and 438.

1985 - Pub. L. 99-145, title V, Sec. 514(c)(2)(B), Nov. 8, 1985,

99 Stat. 629, substituted ''rear admirals (lower half)'' for

''commodores'' in item 290.

1984 - Pub. L. 98-557, Sec. 15(a)(4)(B)(ii), (C)(ii), (E)(ii),

17(b)(2)(B), Oct. 30, 1984, 98 Stat. 2865, 2866, 2867, added item

295, in heading preceding item 350 substituted ''MEMBERS'' for

''MEN'', in item 360 substituted ''member'' for ''man'', and in

item 361 substituted ''enlisted member'' for ''man''.

1983 - Pub. L. 97-417, Sec. 2(9)(B), Jan. 4, 1983, 96 Stat. 2086,

inserted ''and commodores'' after ''Rear admirals'' in item 290.

1982 - Pub. L. 97-322, title I, Sec. 115(b)(2), Oct. 15, 1982, 96

Stat. 1585, struck out item 368.

1980 - Pub. L. 96-513, title V, Sec. 505(a)(2), Dec. 12, 1980, 94

Stat. 2918, added item 286a.

1976 - Pub. L. 94-546, Sec. 1(18), Oct. 18, 1976, 90 Stat. 2520,

added item 256a.

1972 - Pub. L. 92-451, Sec. 1(9), Oct. 2, 1972, 86 Stat. 757,

substituted ''continuation on active duty'' for ''retention on the

active list'' in item 290.

1966 - Pub. L. 89-444, Sec. 1(25), June 9, 1966, 80 Stat. 197,

substituted ''Grade on retirement'' for ''Retirement in cases where

higher grade has been held'' in item 334, and added items 371, 372,

and 373.

1965 - Pub. L. 89-189, Sec. 1(2), Sept. 17, 1965, 79 Stat. 820,

added item 336.

1963 - Pub. L. 88-130, Sec. 1(9), (10)(B), 4(c), Sept. 24, 1963,

77 Stat. 175, 177, 193, added items 211 to 214, 251 to 262, 271 to

277, 281 to 294, 321 to 327, 331 to 335, struck out items 221 to

248, 301 to 313a, 435 to 437, 439, and 440, and struck out headings

''COMMISSIONED OFFICERS'' and ''WARRANT OFFICERS'' which preceded

sections 221 and 301, respectively, of this title.

Pub. L. 88-114, Sec. 1(3), Sept. 6, 1963, 77 Stat. 144, struck

out item 358.

1959 - Pub. L. 86-155, Sec. 10(a)(2), Aug. 11, 1959, 73 Stat.

338, struck out items 239 and 309.

1958 - Pub. L. 85-861, Sec. 33(b)(2), Sept. 2, 1958, 72 Stat.

1567, added item 440.

1957 - Pub. L. 85-144, Sec. 2(b), 3, Aug. 14, 1957, 71 Stat. 367,

added item 313a and struck out items 303, 304, 305, 307, 308, and

313.

1956 - Act Aug. 10, 1956, ch. 1041, Sec. 7(b), 8(b), 9(b), 70A

Stat. 620, 623, added items 350 and 435 to 438, and substituted

''Enlistments; term, grade'' for ''Enlistments'' in item 351.

Act July 20, 1956, ch. 647, Sec. 3(b), 70 Stat. 588, added item

439.

1955 - Act Aug. 9, 1955, ch. 684, Sec. 1(1), 69 Stat. 620, added

items 245 to 248.

Act June 8, 1955, ch. 136, Sec. 1, 69 Stat. 88, added item 370.

1950 - Act Aug. 3, 1950, ch. 536, Sec. 4, 64 Stat. 406, struck

out items 233, 245, 246, 306, 314, 315, 356, 363, 364, and 425.

YEAR-END STRENGTH FOR ACTIVE DUTY PERSONNEL AND AVERAGE MILITARY

TRAINING STUDENT LOADS FOR EACH FISCAL YEAR AFTER FISCAL YEAR 1977;

AUTHORIZATION AND APPROPRIATIONS

Pub. L. 94-406, Sec. 6, Sept. 10, 1976, 90 Stat. 1236, which had

required that Congress set the active duty end strength and average

training student loads for each fiscal year for the Coast Guard,

appropriations for those years not to be spent relating to those

areas until Congress made such determination, was repealed and

reenacted as section 661 of this title by Pub. L. 97-295, Sec.

2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1302, 1314.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 286, 728 of this title.

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14 USC OFFICERS 01/06/03

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PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

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OFFICERS

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14 USC a. appointments 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

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-HEAD-

a. appointments

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14 USC Sec. 211 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

Sec. 211. Original appointment of permanent commissioned officers

-STATUTE-

(a) The President may appoint, by and with the advice and consent

of the Senate, permanent commissioned officers in the Regular Coast

Guard in grades of ensign or above appropriate to their

qualifications, experience, and length of service, as the needs of

the Coast Guard may require, from among the following categories:

(1) graduates of the Coast Guard Academy;

(2) commissioned warrant officers, warrant officers, and

enlisted members of the Regular Coast Guard;

(3) members of the Coast Guard Reserve who have served at least

two years as such; and

(4) licensed officers of the United States merchant marine who

has served two or more years aboard a vessel of the United States

in the capacity of a licensed officer.

(b) No person shall be appointed a commissioned officer under

this section until his mental, moral, physical, and professional

fitness to perform the duties of a commissioned officer has been

established under such regulations as the Secretary shall

prescribe.

(c) 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. Appointees

whose dates of commission are the same shall take precedence with

each other as the Secretary shall determine.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 177;

amended Pub. L. 89-444, Sec. 1(11), June 9, 1966, 80 Stat. 196;

Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(2). Pub. L. 98-557 substituted reference to

enlisted members for reference to enlisted men.

1966 - Subsec. (a)(4). Pub. L. 89-444 substituted ''two years''

for ''four years''.

SAVINGS PROVISION

Section 5 of Pub. L. 88-130, as amended by Pub. L. 89-444, Sec.

3, June 9, 1966, 80 Stat. 198, provided that:

''(a) Officers in each grade who have been recommended as

qualified for temporary promotion under laws and regulations in

effect the day before the effective date of this Act (Sept. 24,

1963) but not promoted to the grade for which they were recommended

shall be placed on a list of selectees in order of their

precedence, and they shall be promoted as if they had been selected

for promotion in the approved report of a selection board convened

under this Act (enacting sections 41a, 211 to 214, 251 to 262, 271

to 277, 281 to 294, 321 to 327, 331 to 335, of this title amending

sections 42, 44, 46, 47, 190, 433, 759a, and 791 of this title, and

enacting provisions set out as notes under sections 262, 285, and

289 of this title, and repealing sections 221 to 248, 301 to 313a,

435 to 437, 439, and 440 of this title, and act Sept. 21, 1961, 75

Stat. 538, set out as a note under section 435 of this title).

''(b) Officers who have been recommended for promotion to the

grade of rear admiral under laws and regulations in effect the day

before the effective date of this Act but have not been promoted to

that grade shall be promoted as if they had been so recommended in

the approved report of a selection board convened under this Act.

''(c) The enactment of this Act does not terminate the

appointment of any officer.

''(d) An officer of the Regular Coast Guard who on the day before

the effective date of this Act had been promoted to and was serving

on active duty in a temporary grade higher than his permanent grade

shall be considered to have been promoted to that grade under

section 271 of title 14, United States Code.

''(e) An officer of the Regular Coast Guard who was appointed as

a temporary commissioned officer under any provision of law in

effect prior to the effective date of this Act and who is serving

on active duty shall be considered to have been appointed under

section 214 of title 14, United States Code, and subject to the

provisions thereof. An officer of the Regular Coast Guard who was

appointed as a permanent commissioned officer under any provision

of law in effect prior to the effective date of this Act (Sept. 24,

1963), and who is serving on active duty shall be considered to

have been appointed under section 211 of title 14, United States

Code, and subject to the provisions thereof.

''(f) Each officer who would have been required to retire on June

30, 1962, under the provisions of section 288 of title 14, United

States Code, had that section been in effect on that date, shall be

retired on the last day of the sixth month following the month in

which this Act becomes effective. If, under section 288 of title

14, United States Code, the retirement of any other officer would

be required after June 30, 1962, but less than six months following

the effective date of this Act, his retirement shall be deferred

until the last day of the twelfth month following the month in

which this Act becomes effective, or June 30, 1964, whichever is

earlier.

''(g) The enactment of this Act does not increase or decrease the

retired pay of any person retired on or prior to the effective date

of this Act.

''(h) Notwithstanding section 1431 of title 10, United States

Code, an original election, change, or revocation of an election,

made under that section by an officer who is retired under the

provisions of section 282, 283, 284, 285, or 288 of title 14,

United States Code, is effective if made prior to the first day of

the third month following the month in which this Act is enacted

(September 1963).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 282, 283 of this title.

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14 USC Sec. 212, 213 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 212, 213. Repealed. Pub. L. 103-337, div. A, title V, Sec.

541(f)(5)(A), Oct. 5, 1994, 108 Stat. 2767)

-MISC1-

Section 212, added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963,

77 Stat. 177; amended Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30,

1984, 98 Stat. 2865, related to original appointment of permanent

commissioned warrant officers in Coast Guard. See section 571 et

seq. of Title 10, Armed Forces.

Section 213, added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963,

77 Stat. 178; amended Pub. L. 98-557, Sec. 15(a)(3)(B), Oct. 30,

1984, 98 Stat. 2865, related to original appointment of permanent

warrant officers (W-1) in Coast Guard. See section 571 et seq. of

Title 10.

EFFECTIVE DATE OF REPEAL

Repeal effective on the first day of the fourth month beginning

after Oct. 5, 1994, see section 541(h) of Pub. L. 103-337, set out

as an Effective Date of 1994 Amendment note under section 571 of

Title 10, Armed Forces.

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14 USC Sec. 214 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

Sec. 214. Appointment of temporary officers

-STATUTE-

(a) The President may appoint temporary commissioned officers in

the Regular Coast Guard in a grade, not above lieutenant,

appropriate to their qualifications, experience, and length of

service, as the needs of the Coast Guard may require, from among

the commissioned warrant officers, warrant officers, and enlisted

members of the Coast Guard, and from licensed officers of the

United States merchant marine.

(b) Temporary appointments under this section do not change the

permanent, probationary, or acting status of persons so appointed,

prejudice them in regard to promotion or appointment, or abridge

their rights or benefits. A person who is appointed under this

section may not suffer any reduction in the rate of pay and

allowances to which he would have been entitled had he remained in

his former grade and continued to receive the increases in pay and

allowances authorized for that grade.

(c) An appointment under this section, or a subsequent promotion

appointment of a temporary officer, may be vacated by the

appointing officer at any time. Each officer whose appointment is

so vacated shall revert to his permanent status.

(d) Appointees under this section shall take precedence in the

grade to which appointed in accordance with the dates of their

appointments as officers in such grade. Appointees whose dates of

appointment are the same shall take precedence with each other as

the Secretary shall determine.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 178;

amended Pub. L. 89-444, Sec. 1(12)-(14), June 9, 1966, 80 Stat.

196; Pub. L. 93-283, Sec. 1(5), May 14, 1974, 88 Stat. 140; Pub. L.

96-376, Sec. 6, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98-557, Sec.

15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103-337, div.

A, title V, Sec. 541(f)(6), Oct. 5, 1994, 108 Stat. 2767; Pub. L.

104-324, title II, Sec. 211(a), Oct. 19, 1996, 110 Stat. 3915.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-324, Sec. 211(a)(1), substituted

''Appointment'' for ''Original appointment'' in section catchline.

Subsec. (b). Pub. L. 104-324, Sec. 211(a)(2), redesignated

subsec. (d) as (b).

Subsec. (c). Pub. L. 104-324, Sec. 211(a)(2), (3), redesignated

subsec. (e) as (c) and inserted '', or a subsequent promotion

appointment of a temporary officer,'' after ''section''.

Subsecs. (d) to (f). Pub. L. 104-324, Sec. 211(a)(2),

redesignated subsecs. (d) to (f) as (b) to (d), respectively.

1994 - Subsecs. (b), (c). Pub. L. 103-337 struck out subsecs. (b)

and (c) which read as follows:

''(b) The President may appoint temporary commissioned warrant

officers in the Regular Coast Guard, as the needs of the Coast

Guard may require, from among the warrant officers and enlisted

members of the Coast Guard, and from licensed officers of the

United States merchant marine.

''(c) The Secretary may appoint temporary warrant officers (W-1)

in the Regular Coast Guard, as the needs of the Coast Guard

require, from among the enlisted members of the Coast Guard, and

from licensed officers of the United States merchant marine.''

1984 - Subsecs. (a) to (c). Pub. L. 98-557 substituted reference

to enlisted members for reference to enlisted men wherever

appearing.

1980 - Subsec. (d). Pub. L. 96-376 substituted prohibition

against any reduction in rate of pay and allowances of temporary

officer appointee to which appointee would have been entitled had

he remained in his former grade and continued to receive the

increases in pay and allowances authorized for that grade for prior

prohibition against reduction in pay and allowances to which

appointee was entitled because of his permanent status at the time

of his temporary appointment, or any reduction in pay and

allowances to which appointee was entitled under a prior temporary

appointment in a lower grade.

1974 - Subsec. (d). Pub. L. 93-283 prohibited any reduction in

the pay and allowances to which a temporary officer was entitled

under a prior temporary appointment in a lower grade.

1966 - Subsec. (a). Pub. L. 89-444, Sec. 1(12), added licensed

officers of the United States merchant marine to the group from

which the President may appoint temporary commissioned officers for

the Regular Coast Guard not above lieutenant.

Subsec. (b). Pub. L. 89-444, Sec. 1(13), added licensed officers

of the United States merchant marine to the group from which the

President may appoint temporary commissioned warrant officers for

the Regular Coast Guard.

Subsec. (c). Pub. L. 89-444, Sec. 1(14), added licensed officers

of the United States merchant marine to the group from which the

Secretary may appoint temporary warrant officers (W-1) in the

Regular Coast Guard.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 2 of Pub. L. 93-283 provided that: ''Paragraphs (5) and

(8) of section 1 of this Act (amending this section and section 288

of this title) are effective as of the original date of enactment

(Sept. 24, 1963) of the sections thereby amended.''

TEMPORARY APPOINTMENTS PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(e) of Pub. L. 88-130 considering

officers appointed with temporary commissions prior to Sept. 24,

1963, as appointed under this section, are set out as a note under

section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 284, 710 of this title.

-CITE-

14 USC Sec. 215 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

Sec. 215. Rank of warrant officers

-STATUTE-

(a) Among warrant officer grades, warrant officers of a higher

numerical designation are senior to warrant officer grades of a

lower numerical designation.

(b) Warrant officers shall take precedence in the grade to which

appointed in accordance with the dates of their commissions as

commissioned officers in the Coast Guard in such grade. Precedence

among warrant officers of the same grade who have the same date of

commission shall be determined by regulations prescribed by the

Secretary.

-SOURCE-

(Added Pub. L. 103-337, div. A, title V, Sec. 541(e)(1), Oct. 5,

1994, 108 Stat. 2766.)

-MISC1-

EFFECTIVE DATE

Section effective on the first day of the fourth month beginning

after Oct. 5, 1994, see section 541(h) of Pub. L. 103-337, set out

as an Effective Date of 1994 Amendment note under section 571 of

Title 10, Armed Forces.

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14 USC Sec. 221 to 232 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 221 to 232. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177)

-MISC1-

Section 221, act Aug. 4, 1949, ch. 393, 63 Stat. 512, authorized

filling of vacancies in active list of regular commissioned

officers. See sections 251, 271(b) of this title.

Section 222, acts Aug. 4, 1949, ch. 393, 63 Stat. 512; May 14,

1960, Pub. L. 86-474, Sec. 1(16), 74 Stat. 146, related to

promotion to flag rank. See section 256 of this title.

Section 223, act Aug. 4, 1949, ch. 393, 63 Stat. 512, related to

methods and criteria used in filling of vacancies by promotion.

See sections 271, 294, and 335, of this title.

Section 224, act Aug. 4, 1949, ch. 393, 63 Stat. 512, authorized

filling of vacancies by appointment. See section 211 et seq. of

this title.

Section 225, act Aug. 4, 1949, ch. 393, 63 Stat. 513, authorized

President to make permanent appointments. See section 571 et seq.

of Title 10, Armed Forces.

Section 226, act Aug. 4, 1949, ch. 393, 63 Stat. 513, authorized

appointment of temporary commissioned officers. See section 214 of

this title.

Section 227, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; May 5,

1950, ch. 169, Sec. 15, 64 Stat. 148, related to promotion and

discharge of temporary commissioned officers. See sections 275,

284 of this title.

Section 228, act Aug. 4, 1949, ch. 393, 63 Stat. 514, authorized

appointment of commissioned warrant officers. See section 571 et

seq. of Title 10, Armed Forces.

Section 229, act Aug. 4, 1949, ch. 393, 63 Stat. 514, related to

revocation of commissions during first three years of service. See

section 281 et seq. of this title.

Section 230, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; May 29,

1954, ch. 249, Sec. 19(h), 68 Stat. 167, related to compulsory

retirement of commissioned officers, with exception of commissioned

warrant officers, at age 62. See section 293 of this title.

Section 231, act Aug. 4, 1949, ch. 393, 63 Stat. 514, related to

voluntary retirement after 30 years service. See section 292 of

this title.

Section 232, acts Aug. 4, 1949, ch. 393, 63 Stat. 514; Aug. 4,

1955, ch. 553, Sec. 2, 69 Stat. 493, related to voluntary

retirement after 20 years service. See section 291 of this title.

-CITE-

14 USC Sec. 233 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 233. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 515, related to

retirement for disabilities incident to service. See sections 1204

and 1376 of Title 10, Armed Forces.

ADDITIONAL REPEAL

Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 234 to 238 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 234 to 238. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177)

-MISC1-

Section 234, acts Aug. 4, 1949, ch. 393, 63 Stat. 515; Aug. 3,

1950, ch. 536, Sec. 5, 64 Stat. 406, related to retirement for

failure in physical examination for promotion. See section 294 of

this title.

Section 235, act Aug. 4, 1949, ch. 393, 63 Stat. 515, related to

designation and assembly of a personnel board, its procedure and

its recommendations. See sections 251 to 254 of this title.

Section 236, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to

involuntary retirement after 30 years' service.

Section 237, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to

involuntary retirement after 10 years' service.

Section 238, act Aug. 4, 1949, ch. 393, 63 Stat. 516, related to

voluntary retirement when out of line of promotion.

-CITE-

14 USC Sec. 239 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 239. Repealed. Pub. L. 86-155, Sec. 10(a)(1), Aug. 11, 1959,

73 Stat. 338)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 516; Aug. 3, 1950,

ch. 536, Sec. 6, 64 Stat. 406, authorized advancement to a higher

grade upon retirement in case of special commendation.

EFFECTIVE DATE OF REPEAL

Section 10(b) of Pub. L. 86-155 provided that repeal of this

section and section 309 of this title shall become effective on

Nov. 1, 1959.

ADDITIONAL REPEAL

Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 240 to 244 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 240 to 244. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177)

-MISC1-

Section 240, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3,

1950, ch. 536, Sec. 7, 64 Stat. 407, authorized recall of retired

officers in time of war or national emergency. See section 331 of

this title.

Section 241, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3,

1950, ch. 536, Sec. 8, 64 Stat. 407, related to recall to active

duty with the consent of the officer. See section 332 of this

title.

Section 242, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3,

1950, ch. 536, Sec. 9, 64 Stat. 407, related to relief of retired

officers promoted while on active duty. See section 333 of this

title.

Section 243, acts Aug. 4, 1949, ch. 393, 63 Stat. 517; Aug. 3,

1950, ch. 536, Sec. 10, 64 Stat. 407; Aug. 14, 1957, Pub. L.

85-144, Sec. 1, 71 Stat. 366, related to retirement in cases where

a higher grade has been held. See section 334 of this title.

Section 244, act Aug. 4, 1949, ch. 393, 63 Stat. 517, related to

resignation when out of line of promotion.

-CITE-

14 USC Sec. 245, 246 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 245, 246. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat.

408)

-MISC1-

Section 245, act Aug. 4, 1949, ch. 393, 63 Stat. 517, related to

retiring or dropping for disabilities not incident to service. See

section 1207 of Title 10, Armed Forces.

Section 246, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to

dropping for disabilities due to vicious habits. See section 1207

of Title 10.

ADDITIONAL REPEAL

Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A),

Sept. 24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 247, 248 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

a. appointments

-HEAD-

(Sec. 247, 248. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24,

1963, 77 Stat. 177)

-MISC1-

Section 247, added act Aug. 9, 1955, ch. 684, Sec. 1(2), 69 Stat.

620; amended May 14, 1960, Pub. L. 86-474, Sec. 1(17), 74 Stat.

146, related to involuntary retirement of rear admirals and to

their retention on active list. See section 290 of this title.

Section 248, added act Aug. 9, 1955, ch. 684, Sec. 1(2), 69 Stat.

620, related to involuntary retirement of captains and to their

retention on active list. See section 289 of this title.

-CITE-

14 USC b. selection for promotion 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

.

-HEAD-

b. selection for promotion

-CITE-

14 USC Sec. 251 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 251. Selection boards; convening of boards

-STATUTE-

At least once a year and at such other times as the needs of the

service require, the Secretary shall convene selection boards to

recommend for promotion to the next higher grade officers on the

active duty promotion list in each grade from lieutenant (junior

grade) through captain, with separate boards for each grade.

However, the Secretary is not required to convene a board to

recommend officers for promotion to a grade when no vacancies exist

in the grade concerned, and he estimates that none will occur in

the next twelve months.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

178.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 252, 253, 255, 258, 259,

260, 261, 283, 285 of this title.

-CITE-

14 USC Sec. 252 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 252. Selection boards; composition of boards

-STATUTE-

A board convened under section 251 of this title shall consist of

five or more officers on the active duty promotion list who are

serving in or above the grade to which the board may recommend

officers for promotion. No officer may be a member of two

successive boards convened to consider officers of the same grade

for promotion.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

179.)

-CITE-

14 USC Sec. 253 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 253. Selection boards; notice of convening; communication with

board

-STATUTE-

(a) Before a board is convened under section 251 of this title,

notice of the convening date, the promotion zone to be considered,

the officers eligible for consideration, and the number of officers

the board may recommend for promotion shall be given to the service

at large.

(b) Each officer eligible for consideration by a selection board

convened under section 251 of this title may send a communication

through official channels to the board, to arrive not later than

the date the board convenes, inviting attention to any matter of

record in the armed forces concerning himself. A communication

sent under this section may not criticize any officer or reflect

upon the character, conduct, or motive of any officer.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179;

amended Pub. L. 89-444, Sec. 1(15), June 9, 1966, 80 Stat. 196.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-444 added officers eligible for

consideration to list of items for which notice must be given to

the service at large before a board is convened under section 251

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 289, 290 of this title.

-CITE-

14 USC Sec. 254 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 254. Selection boards; oath of members

-STATUTE-

Each member of a selection board shall swear that he will,

without prejudice or partiality, and having in view both the

special fitness of officers and the efficiency of the Coast Guard,

perform the duties imposed upon him.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

179.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 289, 290 of this title.

-CITE-

14 USC Sec. 255 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 255. Number of officers to be selected for promotion

-STATUTE-

Before convening a board under section 251 of this title to

recommend officers for promotion to any grade, the Secretary shall

determine the total number of officers to be selected for promotion

to that grade. This number shall be equal to the number of

vacancies existing in the grade, plus the number of additional

vacancies estimated for the next twelve months, less the number of

officers on the selection list for the grade.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

179.)

-CITE-

14 USC Sec. 256 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 256. Promotion zones

-STATUTE-

(a) Before convening a selection board to recommend officers for

promotion to any grade above lieutenant (junior grade) and below

rear admiral (lower half), the Secretary shall establish a

promotion zone for the grade to be considered. The promotion zone

for each grade shall consist of the most senior officers of that

grade on the active duty promotion list who are eligible for

consideration for promotion to the next higher grade and who have

not previously been placed in a promotion zone for selection for

promotion to the next higher grade. The number of officers in each

zone shall be determined after considering -

(1) the needs of the service;

(2) the estimated numbers of vacancies available in future

years to provide comparable opportunity for promotion of officers

in successive year groups; and

(3) the extent to which current terms of service in that grade

conform to a desirable career promotion pattern.

However, such number of officers shall not exceed the number to be

selected for promotion divided by six-tenths.

(b) Promotion zones from which officers will be selected for

promotion to the grade of rear admiral (lower half) shall be

established by the Secretary as the needs of the service require.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179;

amended Pub. L. 89-444, Sec. 1(16), June 9, 1966, 80 Stat. 196;

Pub. L. 97-417, Sec. 2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 99-661, div. A, title XIII, Sec. 1343(c), Nov. 14, 1986, 100

Stat. 3995.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-661 substituted ''rear admiral

(lower half)'' for ''commodore''.

1985 - Subsec. (a). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsecs. (a), (b). Pub. L. 97-417 substituted

''commodore'' for ''rear admiral''.

1966 - Subsec. (a). Pub. L. 89-444 limited promotion zone by

requiring that list of officers under consideration be officers

eligible for consideration for promotion to next higher grade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 262 of this title.

-CITE-

14 USC Sec. 256a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 256a. Promotion year; defined

-STATUTE-

For the purposes of this chapter, ''promotion year'' means the

period which commences on July 1 of each year and ends on June 30

of the following year.

-SOURCE-

(Added Pub. L. 94-546, Sec. 1(17), Oct. 18, 1976, 90 Stat. 2520.)

-CITE-

14 USC Sec. 257 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 257. Eligibility of officers for consideration for promotion

-STATUTE-

(a) An officer on the active duty promotion list becomes eligible

for consideration for promotion to the next higher grade at the

beginning of the promotion year in which he completes the following

amount of service computed from his date of rank in the grade in

which he is serving:

(1) two years in the grade of lieutenant (junior grade);

(2) three years in the grade of lieutenant;

(3) four years in the grade of lieutenant commander;

(4) four years in the grade of commander; and

(5) three years in the grade of captain.

(b) For the purpose of this section, service in a grade includes

all qualifying service in that grade or a higher grade, under

either a temporary or permanent appointment. However, service in a

grade under a temporary service appointment under section 275 of

this title is considered as service only in the grade that the

officer concerned would have held had he not been so appointed.

(c) No officer may become eligible for consideration for

promotion until all officers of his grade senior to him are so

eligible.

(d) Except when his name is on a list of selectees, each officer

who becomes eligible for consideration for promotion to the next

higher grade remains eligible so long as he -

(1) continues on active duty; and

(2) is not promoted to that grade.

(e) An officer whose involuntary retirement or separation is

deferred under section 295 of this title is not eligible for

consideration for promotion to the next higher grade during the

period of that deferment.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 179;

amended Pub. L. 94-546, Sec. 1(19), Oct. 18, 1976, 90 Stat. 2520;

Pub. L. 98-557, Sec. 17(b)(1), Oct. 30, 1984, 98 Stat. 2867.)

-MISC1-

AMENDMENTS

1984 - Subsec. (e). Pub. L. 98-557 added subsec. (e).

1976 - Subsec. (a). Pub. L. 94-546, Sec. 1(19)(a), substituted

''promotion year'' for ''fiscal year''.

Subsec. (d). Pub. L. 94-546, Sec. 1(19)(b), struck out cl. (3)

''if serving in a grade below captain, has not twice failed of

selection for promotion to the next higher grade.''

-CITE-

14 USC Sec. 258 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 258. Selection boards; information to be furnished boards

-STATUTE-

The Secretary shall furnish the appropriate selection board

convened under section 251 of this title with:

(1) the number of officers that the board may recommend for

promotion to the next higher grade; and

(2) the names and records of all officers who are eligible for

consideration for promotion to the grade to which the board will

recommend officers for promotion.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180;

amended Pub. L. 89-444, Sec. 1(17), June 9, 1966, 80 Stat. 196;

Pub. L. 104-324, title II, Sec. 212, Oct. 19, 1996, 110 Stat.

3915.)

-MISC1-

AMENDMENTS

1996 - Cl. (2). Pub. L. 104-324 struck out '', with

identification of those officers who are in the promotion zone''

after ''officers for promotion''.

1966 - Pub. L. 89-444 substituted ''officers who are eligible for

consideration for promotion to the grade to which the board will

recommend officers for promotion'' for ''officers to be considered

by the board'' in cl. 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 289, 290 of this title.

-CITE-

14 USC Sec. 259 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 259. Officers to be recommended for promotion

-STATUTE-

(a) A selection board convened to recommend officers for

promotion shall recommend those eligible officers whom the board

considers best qualified of the officers under consideration for

promotion. No officer may be recommended for promotion unless he

receives the recommendation of at least a majority of the members

of a board composed of five members, or at least two-thirds of the

members of a board composed of more than five members.

(b) The number of officers that a board convened under section

251 of this title may recommend for promotion to a grade below rear

admiral (lower half) from among eligible officers junior in rank to

the junior officer in the appropriate promotion zone may not exceed

-

(1) 5 percent of the total number of officers that the board is

authorized to recommend for promotion to the grade of lieutenant

or lieutenant commander;

(2) 7 1/2 percent of the total number of officers that the

board is authorized to recommend for promotion to the grade of

commander; and

(3) 10 percent of the total number of officers that the board

is authorized to recommend for promotion to the grade of captain;

unless such percentage is a number less than one, in which case the

board may recommend one such officer for promotion.

(c)(1) After selecting the officers to be recommended for

promotion, a selection board may recommend officers of particular

merit, from among those officers chosen for promotion, to be placed

at the top of the list of selectees promulgated by the Secretary

under section 271(a) of this title. The number of officers that a

board may recommend to be placed at the top of the list of

selectees may not exceed the percentages set forth in subsection

(b) unless such a percentage is a number less than one, in which

case the board may recommend one officer for such placement. No

officer may be recommended to be placed at the top of the list of

selectees unless he or she receives the recommendation of at least

a majority of the members of a board composed of five members, or

at least two-thirds of the members of a board composed of more than

five members.

(2) The Secretary shall conduct a survey of the Coast Guard

officer corps to determine if implementation of this subsection

will improve Coast Guard officer retention. A selection board may

not make any recommendation under this subsection before the date

on which the Secretary publishes a finding, based upon the results

of the survey, that implementation of this subsection will improve

Coast Guard officer retention.

(3) The Secretary shall submit any finding made by the Secretary

pursuant to paragraph (2) to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180;

amended Pub. L. 97-417, Sec. 2(4), Jan. 4, 1983, 96 Stat. 2085;

Pub. L. 99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat.

629; Pub. L. 107-295, title III, Sec. 313(1), Nov. 25, 2002, 116

Stat. 2102.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-295 added subsec. (c).

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsec. (b). Pub. L. 97-417 substituted ''commodore'' for

''real admiral''.

-CITE-

14 USC Sec. 260 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 260. Selection boards; reports

-STATUTE-

(a) Each board convened under section 251 of this title shall

submit a report in writing, signed by all the members thereof,

containing the names of the officers recommended for promotion and

the names of those officers recommended to be advanced to the top

of the list of selectees established by the Secretary under section

271(a) of this title.

(b) A board convened under section 251 of this title shall

certify that, in the opinion of at least a majority of the members

if the board has five members, or in the opinion of at least

two-thirds of the members if the board has more than five members,

the officers recommended for promotion are the best qualified for

promotion of those officers whose names have been furnished to the

board.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 180;

amended Pub. L. 107-295, title III, Sec. 313(2), Nov. 25, 2002, 116

Stat. 2103.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted ''and the names of

those officers recommended to be advanced to the top of the list of

selectees established by the Secretary under section 271(a) of this

title'' before period at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 289, 290, 729, 741 of

this title.

-CITE-

14 USC Sec. 261 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 261. Selection boards; submission of reports

-STATUTE-

(a) A board convened under section 251 of this title shall submit

its report to the Secretary. If the board has acted contrary to law

or regulation, the Secretary may return the report for proceedings

in revision and resubmission to the Secretary. After his final

review, the Secretary shall submit the report of the board to the

President for his approval, modification, or disapproval.

(b) If any officer recommended for promotion is not acceptable to

the President, the President may remove the name of that officer

from the report of the board.

(c) Upon approval by the President the names of officers selected

for promotion by a board convened under section 251 of this title

shall be promptly disseminated to the service at large.

(d) Except as required by this section, the proceedings of a

selection board shall not be disclosed to any person not a member

of the board.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

181.)

-CITE-

14 USC Sec. 262 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

b. selection for promotion

-HEAD-

Sec. 262. Failure of selection for promotion

-STATUTE-

(a) An officer, other than an officer serving in the grade of

captain, who is, or is senior to, the junior officer in the

promotion zone established for his grade under section 256 of this

title, fails of selection if he is not selected for promotion by

the selection board which considered him, or if having been

recommended for promotion by the board, his name is thereafter

removed from the report of the board by the President.

(b) An officer shall not be considered to have failed of

selection if he was not considered by a selection board because of

administrative error. If he is selected by the next succeeding

selection board and promoted, he shall be given the date of rank

and position on the active duty promotion list in the grade to

which promoted that he would have held had he been recommended by

the first selection board.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

181.)

-MISC1-

PLACEMENT OUT OF LINE OF PROMOTION PRIOR TO SEPTEMBER 24, 1963

Section 2(a), (b) of Pub. L. 88-130 provided that:

''(a) Officers who have been placed permanently out of line of

promotion under laws and regulations of the Secretary in effect the

day before the effective date of this Act (Sept. 24, 1963) shall be

considered as having failed of selection for promotion to the next

higher grade for the second time on the day before the effective

date of this Act, and shall be subject to the provisions of

sections 282 through 285 of title 14, United States Code, as

appropriate. No officer shall be separated from the service under

the above provisions prior to the last day of the sixth calendar

month following the effective date of this Act.

''(b) Officers who have been placed temporarily out of line of

promotion for appointment for temporary service under laws and

regulations of the Secretary in effect the day before the effective

date of this Act (Sept. 24, 1963) shall be considered as having

once failed of selection for promotion to the next higher grade.''

-CITE-

14 USC c. promotions 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

.

-HEAD-

c. promotions

-CITE-

14 USC Sec. 271 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 271. Promotions; appointments

-STATUTE-

(a) When the report of a board convened to recommend officers for

promotion has been approved by the President, the Secretary shall

place the names of all officers selected and approved on a list of

selectees in the order of their seniority on the active duty

promotion list. The names of all officers approved by the

President and recommended by the board to be placed at the top of

the list of selectees shall be placed at the top of the list of

selectees in the order of seniority on the active duty promotion

list.

(b) Officers on the list of selectees may be promoted by

appointment in the next higher grade to fill vacancies in the

authorized active duty strength of the grade as determined under

section 42 of this title after officers on any previous list of

selectees for that grade have been promoted. Officers shall be

promoted in the order that their names appear on the list of

selectees. The date of rank of an officer promoted under this

subsection shall be the date of his appointment in that grade.

(c) An officer serving on active duty in the grade of ensign may,

if found fully qualified for promotion in accordance with

regulations prescribed by the Secretary, be promoted to the grade

of lieutenant (junior grade) by appointment after he has completed

twelve months' active service in grade. The date of rank of an

officer promoted under this subsection shall be the date of his

appointment in the grade of lieutenant (junior grade) as specified

by the Secretary.

(d) When a vacancy in the grade of rear admiral occurs, the

senior rear admiral (lower half) serving on the active duty

promotion list shall be appointed by the President, by and with the

advice and consent of the Senate, to fill the vacancy. The

appointment shall be effective on the date the vacancy occurred.

(e) Appointments of regular officers under this section shall be

made by the President, by and with the advice and consent of the

Senate except that advice and consent is not required for

appointments under this section in the grade of lieutenant (junior

grade) or lieutenant. Appointments of Reserve officers shall be

made as prescribed in section 12203 of title 10.

(f) The promotion of an officer who is under investigation or

against whom proceedings of a court-martial or a board of officers

are pending may be delayed without prejudice by the Secretary until

completion of the investigation or proceedings. However, unless

the Secretary determines that a further delay is necessary in the

public interest, a promotion may not be delayed under this

subsection for more than one year after the date the officer would

otherwise have been promoted. An officer whose promotion is

delayed under this subsection and who is subsequently promoted

shall be given the date of rank and position on the active duty

promotion list in the grade to which promoted that he would have

held had his promotion not been so delayed.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 181;

amended Pub. L. 91-278, Sec. 1(8), June 12, 1970, 84 Stat. 305;

Pub. L. 97-417, Sec. 2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 101-225, title II, Sec. 203(2), Dec. 12, 1989, 103 Stat. 1911;

Pub. L. 103-337, div. A, title XVI, Sec. 1677(b)(2), Oct. 5, 1994,

108 Stat. 3020; Pub. L. 107-295, title III, Sec. 313(3), Nov. 25,

2002, 116 Stat. 2103.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted at end ''The names

of all officers approved by the President and recommended by the

board to be placed at the top of the list of selectees shall be

placed at the top of the list of selectees in the order of

seniority on the active duty promotion list.''

1994 - Subsec. (e). Pub. L. 103-337 substituted ''section 12203

of title 10'' for ''section 593 of title 10''.

1989 - Subsec. (e). Pub. L. 101-225 inserted ''except that advice

and consent is not required for appointments under this section in

the grade of lieutenant (junior grade) or lieutenant'' before the

period at end of first sentence.

1985 - Subsec. (d). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1983 - Subsec. (c). Pub. L. 97-417, Sec. 2(5)(A), inserted a

comma after ''ensign may''.

Subsecs. (d) to (f). Pub. L. 97-417, Sec. 2(5)(B), (C), added

subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and

(f), respectively.

1970 - Subsec. (c). Pub. L. 91-278 substituted ''twelve'' for

''eighteen''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

PERMANENT GRADES AND TITLES FOR OFFICERS HOLDING CERTAIN GRADES ON

JANUARY 3, 1983

Section 4 of Pub. L. 97-417 provided that:

''(a) An officer of the Coast Guard who on the day before the

effective date of this Act (Jan. 4, 1983) -

''(1) was serving on active duty in the grade of rear admiral

and was receiving the basic pay of a rear admiral of the upper

half; or

''(2) was serving on active duty in the grade of admiral or

vice admiral,

shall after that date hold the permanent grade of rear admiral.

''(b) An officer who on the day before the effective date of this

Act (Jan. 4, 1983) was serving on active duty in the grade of rear

admiral and was receiving the basic pay of a rear admiral of the

lower half shall after that date hold the permanent grade of

commodore, but shall retain the title of rear admiral.

''(c) An officer who on the day before the effective date of this

Act (Jan. 4, 1983) was on an approved list of officers recommended

for promotion to the grade of rear admiral shall, upon promotion,

hold the grade of commodore with the title of rear admiral.

''(d) An officer who on the day before the effective date of this

Act (Jan. 4, 1983) -

''(1) was serving on active duty in the grade of rear admiral

and was entitled to the basic pay of a rear admiral of the lower

half; or

''(2) was on an approved list of officers recommended for

promotion to the grade of rear admiral,

shall, on and after the effective date of this Act, or in the case

of an officer on such a list, upon promotion to the grade of

commodore, be entitled to wear the uniform and insignia of a rear

admiral.

''(e) An officer of the Coast Guard who on the day before the

effective date of this Act (Jan. 4, 1983) held the grade of rear

admiral on the retired list retains the grade of rear admiral and

is entitled after that date to wear the uniform and insignia of a

rear admiral. Such an officer, when ordered to active duty -

''(1) holds the grade and has the right to wear the uniform and

insignia of a rear admiral; and

''(2) ranks among commissioned officers of the Armed Forces as

and is entitled to the basic pay of -

''(A) a commodore, if his retired pay was based on the basic

pay of a rear admiral of the lower half on the day before the

effective date of this Act; or

''(B) a rear admiral, if his retired pay was based on the

basic pay of a rear admiral of the upper half on the day before

the effective date of this Act.

''(f) Unless entitled to a higher grade under another provision

of law, an officer who on the day before the effective date of this

Act (Jan. 4, 1983) -

''(1) was serving on active duty, and

''(2) held the grade of rear admiral;

and who retires on or after the effective date of this Act, retires

in the grade of rear admiral and is entitled to wear the uniform

and insignia of a rear admiral. If such an officer is ordered to

active duty after his retirement, he is considered, for the

purposes of determining his pay, uniform, insignia, and rank among

other commissioned officers, as having held the grade of rear

admiral on the retired list on the day before the effective date of

this Act.''

TEMPORARY GRADES AND RECOMMENDATIONS FOR PROMOTIONS IN EFFECT PRIOR

TO SEPTEMBER 24, 1963

Savings provisions in section 5(a), (b), and (d) of Pub. L.

88-130, protecting officers recommended for promotion or serving in

temporary grade higher than permanent grade, are set out as a note

under section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 259, 260, 272, 273, 274,

275 of this title.

-CITE-

14 USC Sec. 272 01/06/03

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PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 272. Removal of officer from list of selectees for promotion

-STATUTE-

(a) The President may remove the name of any officer from a list

of selectees established under section 271 of this title.

(b) If the Senate does not consent to the appointment of an

officer whose name is on a list of selectees established under

section 271 of this title, that officer's name shall be removed

from this list.

(c) An officer whose name is removed from a list under subsection

(a) or (b) continues to be eligible for consideration for

promotion. If he is selected for promotion by the next selection

board and promoted, he shall be given the date of rank and position

on the active duty promotion list in the grade to which promoted

that he would have held if his name had not been removed. However,

if the officer is not selected by the next selection board or if

his name is again removed from the list of selectees, he shall be

considered for all purposes as having twice failed of selection for

promotion.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

182.)

-CITE-

14 USC Sec. 273 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 273. Promotions; acceptance; oath of office

-STATUTE-

(a) An officer who receives an appointment under section 271 of

this title is considered to have accepted his appointment on its

effective date, unless he expressly declines the appointment.

(b) An officer who has served continuously since he subscribed to

the oath of office prescribed in section 3331 of title 5 is not

required to take a new oath upon his appointment in a higher grade.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182;

amended Pub. L. 94-546, Sec. 1(20), Oct. 18, 1976, 90 Stat. 2520.)

-MISC1-

AMENDMENTS

1976 - Subsec. (b). Pub. L. 94-546 substituted reference to

section 3331 of title 5 for reference to section 16 of title 5.

-CITE-

14 USC Sec. 274 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 274. Promotions; pay and allowances

-STATUTE-

An officer who is promoted under section 271 of this title shall

be entitled to the pay and allowances of the grade to which

promoted from his date of rank in such grade.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

182.)

-CITE-

14 USC Sec. 275 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 275. Wartime temporary service promotions

-STATUTE-

(a) In time of war, or of national emergency declared by the

President or Congress, the President may suspend any section of

this chapter relating to the selection, promotion, or involuntary

separation of officers. Such a suspension may not continue beyond

six months after the termination of the war or national emergency.

(b) When the preceding sections of this chapter relating to

selection and promotion of officers are suspended in accordance

with subsection (a), and the needs of the service require, the

President may, under regulations prescribed by him, promote to a

higher grade any officer serving on active duty in the grade of

ensign or above in the Coast Guard.

(c) In time of war, or of national emergency declared by the

President or Congress, the President may, under regulations to be

prescribed by him, promote to the next higher warrant officer grade

any warrant officer serving on active duty in a grade below chief

warrant officer, W-4.

((d) Repealed. Pub. L. 97-417, Sec. 2(6), Jan. 4, 1983, 96 Stat.

2085.)

(e) A promotion under this section to a grade above lieutenant

may be made only upon the recommendation of a board of officers

convened for that purpose.

(f) A promotion under this section shall be made by an

appointment for temporary service. An appointment under this

section to a grade above captain shall be made by the President by

and with the advice and consent of the Senate. An appointment under

this section to grade above lieutenant commander of an officer in

the Coast Guard Reserve shall be made by the President, by and with

the advice and consent of the Senate. Any other appointments under

this section shall be made by the President alone.

(g) An appointment under this section, unless expressly declined,

is regarded as accepted on the date specified by the Secretary as

the date of the appointment, and the officer so promoted is

entitled to pay and allowances of the grade to which appointed from

that date.

(h) An appointment under this section does not terminate any

appointments held by an officer concerned under any other

provisions of this title. The President may terminate temporary

appointments made under this section at any time. An appointment

under this section is effective for such period as the President

determines. However, an appointment may not be effective later

than six months after the end of the war or national emergency.

When his temporary appointment under this section is terminated or

expires, the officer shall revert to his former grade.

(i) Not later than six months after the end of the war or

national emergency the President shall, under such regulations as

he may prescribe, reestablish the active duty promotion list with

adjustments and additions appropriate to the conditions of original

appointment and wartime service of all officers to be included

thereon. The President may, by and with the advice and consent of

the Senate, appoint officers on the reestablished active duty

promotion list to fill vacancies in the authorized active duty

strength of each grade. Such appointments shall be considered to

have been made under section 271 of this title.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 182;

amended Pub. L. 92-129, title VI, Sec. 605, Sept. 28, 1971, 85

Stat. 362; Pub. L. 97-417, Sec. 2(6), Jan. 4, 1983, 96 Stat. 2085.)

-MISC1-

AMENDMENTS

1983 - Subsec. (d). Pub. L. 97-417 repealed subsec. (d) which had

established the grade of commodore in the Coast Guard for the

purposes of this section.

1971 - Subsec. (f). Pub. L. 92-129 inserted provision covering

appointments of officers in the Coast Guard Reserve to grades above

lieutenant commander.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (a) of this section as

invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R.

48201, as amended, delegated to Secretary of Homeland Security by

section 5 of Ex. Ord. No. 13223, set out as a note under section

12302 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 257, 710 of this title.

-CITE-

14 USC Sec. 276 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

Sec. 276. Promotion of officers not included on active duty

promotion list

-STATUTE-

Officers who are not included on the active duty promotion list

may be promoted under regulations to be prescribed by the

Secretary. These regulations shall, as to officers serving in

connection with organizing, administering, recruiting, instructing,

or training the reserve components, provide as nearly as

practicable, that such officers will be selected and promoted in

the same manner and will be afforded equal opportunity for

promotion as officers of the corresponding grade on the active duty

promotion list.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

183.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 336 of this title.

-CITE-

14 USC Sec. 277 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

c. promotions

-HEAD-

(Sec. 277. Repealed. Pub. L. 104-324, title II, Sec. 210(a), Oct.

19, 1996, 110 Stat. 3915)

-MISC1-

Section, added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77

Stat. 183, provided that warrant officers could be temporarily

promoted to higher warrant officer grades under regulations

prescribed by Secretary.

CONSTRUCTION OF REPEAL

Section 210(a) of Pub. L. 104-324 provided that: ''Section 277 of

title 14, United States Code, is repealed. The repeal of such

section shall not be construed to affect the status of any warrant

officer currently serving under a temporary promotion.''

-CITE-

14 USC d. discharges; retirements; revocation of

commissions 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

.

-HEAD-

d. discharges; retirements; revocation of commissions

-CITE-

14 USC Sec. 281 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 281. Revocation of commissions during first five years of

commissioned service

-STATUTE-

The Secretary, under such regulations as he may prescribe, may

revoke the commission of any regular officer on active duty who, at

the date of such revocation, has had less than five years of

continuous service as a commissioned officer in the Regular Coast

Guard.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 183;

amended Pub. L. 107-295, title IV, Sec. 416(a)(1), Nov. 25, 2002,

116 Stat. 2121.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 substituted ''five'' for ''three'' in

section catchline and text.

-CITE-

14 USC Sec. 282 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 282. Regular lieutenants (junior grade); separation for

failure of selection for promotion

-STATUTE-

Each officer of the Regular Coast Guard appointed under section

211 of this title who is serving in the grade of lieutenant (junior

grade) and who has failed of selection for promotion to the grade

of lieutenant for the second time, shall:

(1) be honorably discharged on June 30 of the promotion year in

which his second failure of selection occurs; or

(2) if he so requests, be honorably discharged at an earlier

date without loss of benefits that would accrue if he were

discharged on that date under clause (1); or

(3) if, on the date specified for his discharge in this

section, he is eligible for retirement under any law, be retired

on that date.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184;

amended Pub. L. 94-546, Sec. 1(21), Oct. 18, 1976, 90 Stat. 2520.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-546 substituted ''promotion year'' for ''fiscal

year'' in cl. (1).

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF

ANNUITY

Savings provisions in section 5(h) of Pub. L. 88-130 providing

that notwithstanding section 1431 of Title 10, Armed Forces, an

election, change or revocation thereof affecting an annuity, by an

officer retired under this section, is effective if made prior to

the first day of the third month following September 1963, are set

out as a note under section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286, 287 of this title.

-CITE-

14 USC Sec. 283 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 283. Regular lieutenants; separation for failure of selection

for promotion; continuation

-STATUTE-

(a) Each officer of the Regular Coast Guard appointed under

section 211 of this title who is serving in the grade of lieutenant

and who has failed of selection for promotion to the grade of

lieutenant commander for the second time shall:

(1) be honorably discharged on June 30 of the promotion year in

which his second failure of selection occurs; or

(2) if he so requests, be honorably discharged at an earlier

date without loss of benefits that would accrue if he were

discharged on that date under clause (1); or

(3) if, on the date specified for his discharge in this

section, he has completed at least 20 years of active service or

is eligible for retirement under any law, be retired on that

date; or

(4) if, on the date specified for his discharge in clause (1),

he has completed at least eighteen years of active service, be

retained on active duty and retired on the last day of the month

in which he completes twenty years of active service, unless

earlier removed under another provision of law.

(b)(1) When the needs of the service require, the Secretary may

direct a selection board, which has been convened under section 251

of this title, to recommend for continuation on active duty for

terms of not less than two nor more than four years a designated

number of officers of the grade of lieutenant who would otherwise

be discharged or retired under this section. When so directed, the

board shall recommend for continuation on active duty those

officers under consideration who are, in the opinion of the board,

best qualified for continuation. Each officer so recommended may,

with the approval of the Secretary, and notwithstanding subsection

(a), be continued on active duty for the term recommended.

(2) Upon the completion of a term under paragraph (1), an officer

shall, unless selected for further continuation -

(A) except as provided in subparagraph (B), be honorably

discharged with severance pay computed under section 286 of this

title;

(B) in the case of an officer who has completed at least 18

years of active service on the date of discharge under

subparagraph (A), be retained on active duty and retired on the

last day of the month in which the officer completes 20 years of

active service, unless earlier removed under another provision of

law; or

(C) if, on the date specified for the officer's discharge under

this section, the officer has completed at least 20 years of

active service or is eligible for retirement under any law, be

retired on that date.

(c) Each officer who has been continued on active duty under

subsection (b) shall, unless earlier removed from active duty, be

retired on the last day of the month in which he completes twenty

years of active service.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184;

amended Pub. L. 93-283, Sec. 1(6), May 14, 1974, 88 Stat. 140; Pub.

L. 94-546, Sec. 1(22), Oct. 18, 1976, 90 Stat. 2520; Pub. L.

97-295, Sec. 2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 104-324,

title II, Sec. 205, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107-295,

title IV, Sec. 416(a)(2), Nov. 25, 2002, 116 Stat. 2121.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 107-295, title IV, Sec. 416(a)(2), (c), Nov. 25, 2002,

116 Stat. 2121, 2122, provided that, effective 4 years after Nov.

25, 2002, subsec. (b)(2)(A) is amended by striking ''severance''

and inserting ''separation''.

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-324 designated existing

provisions as par. (1), struck out ''Upon the completion of such a

term he shall, unless selected for further continuation, be

honorably discharged with severance pay computed under section 286

of this title, or, if eligible for retirement under any law, be

retired.'' at end of par. (1), and added par. (2).

1982 - Subsec. (b). Pub. L. 97-295 substituted ''of this title''

for ''of this chapter'' after ''section 251''.

1976 - Subsec. (a)(1). Pub. L. 94-546 substituted ''promotion

year'' for ''fiscal year''.

1974 - Subsec. (a)(3). Pub. L. 93-283 substituted ''he has

completed at least 20 years of active service or is eligible'' for

''he is eligible''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-295 effective 4 years after Nov. 25,

2002, see section 416(c) of Pub. L. 107-295, set out as a note

under section 286 of this title.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF

ANNUITY

Savings provisions in section 5(h) of Pub. L. 88-130 providing

that notwithstanding section 1431 of Title 10, Armed Forces, an

election, change or revocation thereof affecting an annuity, by an

officer retired under this section, is effective if made prior to

the first day of the third month following September 1963, are set

out as a note under section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286, 287 of this title.

-CITE-

14 USC Sec. 284 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 284. Regular Coast Guard; officers serving under temporary

appointments

-STATUTE-

(a) Each officer of the Regular Coast Guard appointed under

section 214 of this title who is serving in the grade of lieutenant

(junior grade) or lieutenant and who has failed of selection for

promotion to the grade of lieutenant or lieutenant commander,

respectively, for the second time shall:

(1) be honorably discharged on June 30 of the promotion year in

which his second failure of selection occurs; or

(2) if he so requests, be honorably discharged at an earlier

date without loss of benefits that would accrue if he were

discharged on that date under clause (1); or

(3) if on the date specified for his discharge in this section

he is eligible for retirement under any law, be retired under

that law on that date.

(b) Each officer subject to discharge or retirement under

subsection (a) may elect to revert to his permanent grade.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 184;

amended Pub. L. 94-546, Sec. 1(23), Oct. 18, 1976, 90 Stat. 2520.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a)(1). Pub. L. 94-546 substituted ''promotion

year'' for ''fiscal year''.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF

ANNUITY

Savings provisions in section 5(h) of Pub. L. 88-130 providing

that notwithstanding section 1431 of Title 10, Armed Forces, an

election, change or revocation thereof affecting an annuity, by an

officer retired under this section, is effective if made prior to

the first day of the third month following September 1963, are set

out as a note under section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286, 287 of this title.

-CITE-

14 USC Sec. 285 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 285. Regular lieutenant commanders and commanders; retirement

for failure of selection for promotion

-STATUTE-

(a) Each officer of the Regular Coast Guard serving in the grade

of lieutenant commander or commander, who has failed of selection

for promotion to the grade of commander or captain, respectively,

for the second time shall:

(1) if he has completed at least 20 years of active service or

is eligible for retirement under any law on June 30 of the

promotion year in which his second failure of selection occurs,

be retired on that date; or

(2) if ineligible for retirement on the date specified in

clause (1) be retained on active duty and retired on the last day

of the month in which he completes twenty years of active

service, unless earlier removed under another provision of law.

(b) A lieutenant commander or commander of the Regular Coast

Guard subject to discharge or retirement under subsection (a) may

be continued on active duty when the Secretary directs a selection

board convened under section 251 of this title to continue up to a

specified number of lieutenant commanders or commanders on active

duty. When so directed, the selection board shall recommend those

officers who in the opinion of the board are best qualified to

advance the needs and efficiency of the Coast Guard. When the

recommendations of the board are approved by the Secretary, the

officers recommended for continuation shall be notified that they

have been recommended for continuation and offered an additional

term of service that fulfills the needs of the Coast Guard.

(c)(1) An officer who holds the grade of lieutenant commander of

the Regular Coast Guard may not be continued on active duty under

subsection (b) for a period that extends beyond 24 years of active

commissioned service unless promoted to the grade of commander of

the Regular Coast Guard. An officer who holds the grade of

commander of the Regular Coast Guard may not be continued on active

duty under subsection (b) for a period that extends beyond 26 years

of active commissioned service unless promoted to the grade of

captain of the Regular Coast Guard.

(2) Unless retired or discharged under another provision of law,

each officer who is continued on active duty under subsection (b)

but is not subsequently promoted or continued on active duty, and

is not on a list of officers recommended for continuation or for

promotion to the next higher grade, shall, if eligible for

retirement under any provision of law, be retired under that law on

the first day of the first month following the month in which the

period of continued service is completed.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185;

amended Pub. L. 93-283, Sec. 1(7), May 14, 1974, 88 Stat. 140; Pub.

L. 94-546, Sec. 1(24), Oct. 18, 1976, 90 Stat. 2521; Pub. L.

107-295, title IV, Sec. 412, Nov. 25, 2002, 116 Stat. 2118.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1976 - Pub. L. 94-546 substituted ''promotion year'' for ''fiscal

year'' in cl. (1).

1974 - Pub. L. 93-283 substituted ''if he has completed at least

20 years of active service or is eligible'' for ''if eligible'' in

cl. (1).

INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR

CONTINUATION ON ACTIVE DUTY

Section 3 of Pub. L. 88-130 authorized the Secretary, until July

1, 1966, to convene boards to recommend for continuation on active

duty officers of the Coast Guard on the active duty promotion list

in specified categories.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION OF ELECTION OF

ANNUITY

Savings provisions in section 5(h) of Pub. L. 88-130 providing

that notwithstanding section 1431 of Title 10, Armed Forces, an

election, change or revocation thereof affecting an annuity, by an

officer retired under this section, is effective if made prior to

the first day of the third month following September 1963, are set

out as a note under section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 286, 287 of this title.

-CITE-

14 USC Sec. 286 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 286. Discharge in lieu of retirement; separation pay

-STATUTE-

(a) Each officer who is retained on active duty under section

283(a)(4), 283(b), or 285 of this title may, if he so requests,

with the approval of the Secretary, be honorably discharged at any

time prior to the date otherwise specified for his retirement or

discharge.

(b) An officer of the Regular Coast Guard who is discharged under

this section or section 282, 283, or 284 of this title and has

completed 6 or more, but less than 20, continuous years of active

service immediately before that discharge or release is entitled to

separation pay computed under subsection (d)(1) of section 1174 of

title 10.

(c) An officer of the Regular Coast Guard who is discharged under

section 327 of this title and has completed 6 or more, but less

than 20, continuous years of active service immediately before that

discharge or release is entitled to separation pay computed under

subsection (d)(1) or (d)(2) of section 1174 of title 10 as

determined under regulations promulgated by the Secretary.

(d) Notwithstanding subsections (a) and (b), an officer

discharged under chapter 11 of this title for twice failing of

selection for promotion to the next higher grade is not entitled to

separation pay under this section if the officer requested in

writing or otherwise sought not to be selected for promotion, or

requested removal from the list of selectees.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185;

amended Pub. L. 107-295, title IV, Sec. 416(a)(3), Nov. 25, 2002,

116 Stat. 2121.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 substituted ''separation'' for

''severance'' in section catchline, added subsecs. (b) to (d), and

struck out former subsec. (b) which read as follows: ''Each officer

discharged under this section or under section 282, 283, or 284 of

this title is entitled to a lump-sum payment computed by

multiplying his years of active commissioned service, but not more

than twelve, by two months' basic pay of the grade in which he is

serving on the date of his discharge. In determining the total

number of years of active service to be used as a multiplier in

computing this payment, a part of a year that is six months or more

is counted as a whole year and a part of a year that is less than

six months is disregarded. The acceptance of a lump-sum payment

under this section does not deprive a person of any retirement

benefits from the United States. However, there shall be deducted

from each of his retirement payments so much thereof as is based on

the service for which he has received payment under this section

until the total amount deducted equals the amount of the lump-sum

payment.''

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-295, title IV, Sec. 416(c), Nov. 25, 2002, 116 Stat.

2122, provided that: ''The amendments made by paragraphs (2), (3),

(4), and (5) of subsection (a) (amending this section and sections

283, 286a, and 327 of this title) shall take effect 4 years after

the date of enactment of this Act (Nov. 25, 2002), except that

subsection (d) of section 286 of title 14, United States Code, as

amended by paragraph (3) of subsection (a) of this section, shall

take effect on the date of enactment of this Act and shall apply

with respect to conduct on or after that date. The amendments made

to the table of sections of chapter 11 of title 14, United States

Code, by paragraphs (2), (3), and (4) of subsection (b) (amending

the table of sections for this chapter) of this section shall take

effect 4 years after the date of enactment of this Act.''

INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR

CONTINUATION ON ACTIVE DUTY

Section 3(p) of Pub. L. 88-130 authorized officers who failed of

selection for continuation to request their discharge with

severance pay computed in accordance with this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 283, 327 of this title.

-CITE-

14 USC Sec. 286a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 286a. Regular warrant officers: severance pay

-STATUTE-

(a) The severance pay of a regular warrant officer of the Coast

Guard who is separated under section 580(a)(4)(A) of title 10 is

computed by multiplying his years of active service that could be

credited to him under section 511 of the Career Compensation Act of

1949, as amended, but not more than 12, by twice the monthly basic

pay to which he is entitled at the time of separation.

(b) The severance pay of a regular warrant officer of the Coast

Guard who is separated under section 1166 of title 10 is computed

by multiplying his years of active service that could be credited

to him under section 511 of the Career Compensation Act of 1949, as

amended, but not more than 12, by the monthly basic pay to which he

is entitled at the time of separation, unless the Secretary

determines that the conditions under which the officer is

discharged or separated do not warrant payment of that amount of

severance pay.

(c) For the purposes of this section, a part of the year that is

six months or more is counted as a whole year, and a part of a year

that is less than six months is disregarded.

(d) The acceptance of severance pay under this section does not

deprive a person of any retirement benefits from the United States.

However, there shall be deducted from each of his retirement

payments so much thereof as is based on the service for which he

has received severance pay under this section, until the total

deductions equal the amount of such severance pay.

-SOURCE-

(Added Pub. L. 96-513, title V, Sec. 505(a)(1), Dec. 12, 1980, 94

Stat. 2918; amended Pub. L. 102-190, div. A, title XI, Sec.

1125(b)(1), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103-337, div. A,

title V, Sec. 541(f)(2), Oct. 5, 1994, 108 Stat. 2766; Pub. L.

105-383, title II, Sec. 201(a), (b), Nov. 13, 1998, 112 Stat. 3414;

Pub. L. 107-295, title IV, Sec. 416(a)(4), Nov. 25, 2002, 116 Stat.

2121.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 107-295, title IV, Sec. 416(a)(4), (c), Nov. 25, 2002,

116 Stat. 2121, 2122, provided that, effective 4 years after Nov.

25, 2002, this section is amended by striking ''severance'' in

the section heading and inserting ''separation'' and by striking

subsections (a), (b), and (c) and inserting the following:

''(a) A regular warrant officer of the Coast Guard who is

discharged under section 580 of title 10, and has completed 6 or

more, but less than 20, continuous years of active service

immediately before that discharge is entitled to separation pay

computed under subsection (d)(1) of section 1174 of title 10.

''(b) A regular warrant officer of the Coast Guard who is

discharged under section 1165 or 1166 of title 10, and has

completed 6 or more, but less than 20, continuous years of active

service immediately before that discharge is entitled to separation

pay computed under subsection (d)(1) or (d)(2) of section 1174 of

title 10, as determined under regulations promulgated by the

Secretary.

''(c) In determining a member's years of active service for the

purpose of computing separation pay under this section, each full

month of service that is in addition to the number of full years of

service creditable to the member is counted as one-twelfth of a

year and any remaining fractional part of a month is disregarded.''

-REFTEXT-

REFERENCES IN TEXT

Section 511 of the Career Compensation Act of 1949, as amended,

referred to in subsecs. (a) and (b), is set out as a note under

section 580 of Title 10, Armed Forces.

-MISC2-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-383, Sec. 201(b), inserted before

period at end '', unless the Secretary determines that the

conditions under which the officer is discharged or separated do

not warrant payment of that amount of severance pay''.

Subsec. (d). Pub. L. 105-383, Sec. 201(a), struck out at end

''However, no person is entitled to severance pay under this

section in an amount that is more than $15,000.''

1994 - Subsec. (a). Pub. L. 103-337 substituted ''section

580(a)(4)(A) of title 10'' for ''section 564(a)(3) of title 10 (as

in effect on the day before the effective date of the Warrant

Officer Management Act)''.

1991 - Subsec. (a). Pub. L. 102-190 inserted ''(as in effect on

the day before the effective date of the Warrant Officer Management

Act)'' after ''section 564(a)(3) of title 10''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-295 effective 4 years after Nov. 25,

2002, see section 416(c) of Pub. L. 107-295, set out as a note

under section 286 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

Title 10, Armed Forces.

EFFECTIVE DATE

Section effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of Title 10, Armed Forces.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513, and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 580, 1166.

-CITE-

14 USC Sec. 287 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 287. Separation for failure of selection for promotion or

continuation; time of

-STATUTE-

If, under section 282, 283, 284, 285, 289, or 290 of this title,

the discharge or retirement of any officer would be required less

than six months following approval of the report of the board which

considered but did not select him for promotion or continuation,

the discharge or retirement of such officer shall be deferred until

the last day of the sixth calendar month after such approval.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185;

amended Pub. L. 92-451, Sec. 1(6), Oct. 2, 1972, 86 Stat. 755.)

-MISC1-

AMENDMENTS

1972 - Pub. L. 92-451 inserted reference to section 290.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-451 effective Oct. 2, 1972, except that

continuation boards may not be held until one year thereafter, see

section 3 of Pub. L. 92-451, set out as a note under section 290 of

this title.

-CITE-

14 USC Sec. 288 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 288. Regular captains; retirement

-STATUTE-

(a) Each officer of the Regular Coast Guard serving in the grade

of captain whose name is not carried on an approved list of

officers selected for promotion to the grade of rear admiral (lower

half) shall, unless retired under some other provision of law, be

retired on June 30 of the promotion year in which he, or any

captain junior to him on the active duty promotion list who has not

lost numbers or precedence, completes thirty years of active

commissioned service in the Coast Guard. An officer advanced in

precedence on the active duty promotion list because of his

promotion resulting from selection for promotion from below the

zone is not subject to involuntary retirement under this section

earlier than if he had not been selected from below the zone.

(b) Retired pay computed under section 423(a) of this title of an

officer retired under this section shall not be less than 50

percent of the basic pay upon which the computation of his retired

pay is based.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 185;

amended Pub. L. 93-283, Sec. 1(8), May 14, 1974, 88 Stat. 140; Pub.

L. 94-546, Sec. 1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L.

96-342, title VIII, Sec. 813(f)(1), Sept. 8, 1980, 94 Stat. 1109;

Pub. L. 97-417, Sec. 2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L.

99-348, title II, Sec. 205(b)(4), July 1, 1986, 100 Stat. 700; Pub.

L. 99-661, div. A, title XIII, Sec. 1343(c), Nov. 14, 1986, 100

Stat. 3995.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-661 substituted ''rear admiral

(lower half)'' for ''commodore''.

Subsec. (b). Pub. L. 99-348 substituted ''Retired pay computed

under section 423(a) of this title'' for ''Except as provided in

section 423(b) of this title, the retired pay''.

1983 - Subsec. (a). Pub. L. 97-417 substituted ''commodore'' for

''rear admiral''.

1980 - Subsec. (b). Pub. L. 96-342 substituted ''Except as

provided in section 423(b)'' for ''Notwithstanding section 423''.

1976 - Subsec. (a). Pub. L. 94-546 substituted ''promotion year''

for ''fiscal year''.

1974 - Subsec. (a). Pub. L. 93-283 prohibited an involuntary

retirement under this section of an officer advanced in precedence

on the active duty promotion list because of his promotion

resulting from selection for promotion from below the zone earlier

than if he had not been selected from below the zone.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-283 effective Sept. 24, 1963, see section

2 of Pub. L. 93-283, set out as a note under section 214 of this

title.

RETIREMENT, RETIRED PAY, AND ELECTION OF ANNUITY AS AFFECTED BY

PUB. L. 88-130

Savings provisions in section 5(f)-(h) of Pub. L. 88-130 relating

to retirement, retirement pay, and election, change or revocation

of election of an annuity, are set out as a note under section 211

of this title.

INTERIM AUTHORITY FOR SELECTION OF COMMANDERS AND CAPTAINS FOR

CONTINUATION ON ACTIVE DUTY

Section 3(a) of Pub. L. 88-130 excluded officers subject to

retirement under this section during the fiscal year the selection

board convened from being continued on active duty.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 190, 289 of this title.

-CITE-

14 USC Sec. 289 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 289. Captains; continuation on active duty; involuntary

retirement

-STATUTE-

(a) The Secretary may, whenever the needs of the service require,

but not more often than annually, convene a board consisting of not

less than six officers of the grade of rear admiral (lower half) or

rear admiral to recommend for continuation on active duty officers

on the active duty promotion list serving in the grade of captain,

who during the promotion year in which the board meets will

complete at least three years' service in that grade and who have

not been selected for promotion to the grade of rear admiral (lower

half). Officers who are subject to retirement under section 288 of

this title during the promotion year in which the board meets shall

not be considered by this board.

(b) Whenever he convenes a board under this section, the

Secretary shall establish a continuation zone. The zone shall

consist of the most senior captains eligible for consideration for

continuation on active duty who have not previously been placed in

a continuation zone under this section. The Secretary shall, based

upon the needs of the service, prescribe the number of captains to

be included in the zone.

(c) Based on the needs of the service the Secretary shall furnish

the board with the number of officers that may be recommended for

continuation on active duty. This number shall be no less than 50

percent of the number considered. The board shall select from the

designated continuation zone, in the number directed by the

Secretary, those officers who are, in the opinion of the board,

best qualified for continuation on active duty.

(d) The provisions of sections 253, 254, 258, and 260 of this

title relating to selection for promotion shall, to the extent that

they are not inconsistent with the provisions of this section,

apply to boards convened under this section.

(e) The Secretary shall prescribe by regulation the detailed

procedures whereby officers in a continuation zone will be selected

for continuation on active duty.

(f) A board convened under this section shall submit its report

to the Secretary. If the board has acted contrary to law or

regulation, the Secretary may return the report for proceedings in

revision and resubmission to the Secretary. After his final review

the Secretary shall submit the report of the board to the President

for his approval. Except as required by the procedures of this

section, the proceedings of the board shall not be disclosed to any

person not a member of the board.

(g) Each officer who is considered but not recommended for

continuation on active duty under the provisions of this section

shall, unless retired under some other provision of law, be retired

on June 30 of the promotion year in which the report of the

continuation board convened under this section is approved, or the

last day of the month in which he completes twenty years of active

service, whichever is later.

(h) Notwithstanding subsection (g) and section 288 of this title,

the Commandant may by annual action retain on active duty from

promotion year to promotion year any officer who would otherwise be

retired under subsection (g) or section 288 of this title. An

officer so retained, unless retired under some other provision of

law, shall be retired on June 30 of that promotion year in which no

action is taken to further retain the officer under this

subsection.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 186;

amended Pub. L. 94-546, Sec. 1(26), Oct. 18, 1976, 90 Stat. 2521;

Pub. L. 97-417, Sec. 2(8), Jan. 4, 1983, 96 Stat. 2085; Pub. L.

99-145, title V, Sec. 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub.

L. 101-225, title II, Sec. 203(3), Dec. 12, 1989, 103 Stat. 1911;

Pub. L. 104-324, title II, Sec. 203, Oct. 19, 1996, 110 Stat. 3907;

Pub. L. 107-295, title IV, Sec. 414, Nov. 25, 2002, 116 Stat.

2120.)

-MISC1-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-295 added subsec. (h).

1996 - Subsec. (f). Pub. L. 104-324 struck out ''Upon approval by

the President, the names of the officers selected for continuation

on active duty by the board shall be promptly disseminated to the

service at large.'' after ''for his approval.''

1989 - Subsec. (c). Pub. L. 101-225 substituted ''50 percent''

for ''75 percent''.

1985 - Subsec. (a). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore'' in two places.

1983 - Subsec. (a). Pub. L. 97-417 substituted ''commodore or

rear admiral'' for ''rear admiral'' after ''six officers of the

grade of'', and ''commodore'' for ''rear admiral'' after

''promotion to the grade of''.

1976 - Subsecs. (a), (g). Pub. L. 94-546 substituted ''promotion

year'' for ''fiscal year'' wherever appearing.

EFFECTIVE DATE

Section 6 of Pub. L. 88-130 provided that: ''Section 289 of title

14, United States Code, as enacted by section 1(10)(C) of this Act

(see section 5(a) of Pub. L. 88-130, set out as a note under

section 211 of this title), becomes effective three years after the

effective date of this Act (Sept. 24, 1963), or on July 1, 1966,

whichever is later.''

CONSIDERATION FOR RETENTION ON ACTIVE DUTY UNDER FORMER SECTION 248

OF THIS TITLE

Section 2(c) of Pub. L. 88-130 provided that: ''Officers who,

prior to the effective date of this Act (Sept. 24, 1963), were

considered but not selected for retention on active duty under the

provisions of section 248, title 14, United States Code, shall

remain subject to the provisions of subsections (b) and (c) of that

section.''

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 190, 287, 726 of this

title.

-CITE-

14 USC Sec. 290 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 290. Rear admirals and rear admirals (lower half);

continuation on active duty; involuntary retirement

-STATUTE-

(a) The Secretary shall from time to time convene boards to

recommend for continuation on active duty the most senior officers

on the active duty promotion list serving in the grade of rear

admiral (lower half) or rear admiral who have not previously been

considered for continuation in that grade. Officers serving for

the time being or who have served in the grade of vice admiral are

not subject to consideration for continuation under this

subsection, and as to all other provisions of this section shall be

considered as having been continued in the grade of rear admiral.

A board shall consist of at least five officers serving in the

grade of vice admiral or as rear admirals previously continued.

Boards shall be convened frequently enough to assure that each

officer serving in the grade of rear admiral (lower half) or rear

admiral is subject to consideration for continuation during a

promotion year in which that officer completes not less than four

or more than five years combined service in the grades of rear

admiral (lower half) and rear admiral.

(b) The Secretary shall, based upon the needs of the service,

furnish each board convened under this section with the number of

officers to be considered for continuation on active duty. The

number that may be recommended for continuation shall be not less

than 50 per centum or more than 75 per centum of the number of

officers being considered for continuation.

(c) The provisions of sections 253, 254, 258, and 260 of this

title relating to selection and continuation boards shall to the

extent they are not inconsistent with the provisions of this

section, apply to boards convened under this section.

(d) A board convened under this section shall submit its report

to the Secretary. If the board has acted contrary to law or

regulation, the Secretary may return the report for proceedings in

revision and resubmission to the Secretary. After final review the

Secretary shall submit the report of the board to the President for

approval.

(e) Each officer who is considered but not continued on active

duty under the provisions of this section shall, unless retired

under some other provision of law, be retired on July 1 of the

promotion year immediately following the promotion year in which

the report of the continuation board convened under this section is

approved.

(f)(1) Unless retired under another provision of law, each

officer who is continued on active duty under this section shall,

except as provided in paragraph (2), be retired on July 1 of the

promotion year immediately following the promotion year in which

that officer completes seven years of combined service in the

grades of rear admiral (lower half) and rear admiral, unless that

officer is selected for or serving in the grade of admiral or vice

admiral or the position of Superintendent of the Coast Guard

Academy.

(2) The Commandant, with the approval of the Secretary, may by

annual action retain on active duty from promotion year to

promotion year any officer who would otherwise be retired under

paragraph (1). Unless selected for or serving in the grade of

admiral or vice admiral or the position of Superintendent of the

Coast Guard Academy, or retired under another provision of law, an

officer so retained shall be retired on July 1 of the promotion

year immediately following the promotion year in which no action is

taken to further retain that officer under this paragraph.

(g)(1) Unless retired under another provision of law, an officer

subject to this section shall, except as provided in paragraph (2),

be retired on July 1 of the promotion year immediately following

the promotion year in which that officer completes a total of

thirty-six years of active commissioned service unless selected for

or serving in the grade of admiral.

(2) The Commandant, with the approval of the Secretary, may by

annual action retain on active duty from promotion year to

promotion year any officer who would otherwise be retired under

paragraph (1). Unless selected for or serving in the grade of

admiral or retired under another provision of law, an officer so

retained shall be retired on July 1 of the promotion year

immediately following the promotion year in which no action is

taken to further retain that officer under this paragraph.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187;

amended Pub. L. 92-451, Sec. 1(7), Oct. 2, 1972, 86 Stat. 756; Pub.

L. 94-546, Sec. 1(27), Oct. 18, 1976, 90 Stat. 2521; Pub. L.

97-136, Sec. 6(b), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-417,

Sec. 2(9)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98-557, Sec.

25(a)(2), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99-145, title V,

Sec. 514(c)(1), (2)(A), Nov. 8, 1985, 99 Stat. 629; Pub. L.

102-241, Sec. 5, Dec. 19, 1991, 105 Stat. 2210; Pub. L. 103-206,

title II, Sec. 205(d), Dec. 20, 1993, 107 Stat. 2422.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 205(d)(1), struck out

''or in the position of Chief of Staff'' before ''are not subject

to'' in second sentence.

Subsec. (f). Pub. L. 103-206, Sec. 205(d)(2), (3), struck out

''Chief of Staff or'' before ''Superintendent'' in pars. (1) and

(2).

1991 - Subsec. (a). Pub. L. 102-241, Sec. 5(b)(1), substituted

''that officer'' for ''he''.

Subsec. (d). Pub. L. 102-241, Sec. 5(b)(2), struck out ''his''

before ''final review'' and ''approval''.

Subsec. (e). Pub. L. 102-241, Sec. 5(a)(1), substituted ''July 1

of the promotion year immediately following'' for ''June 30 of''.

Subsecs. (f), (g). Pub. L. 102-241, Sec. 5(a)(2), added subsecs.

(f) and (g) and struck out former subsecs. (f) and (g), which read

as follows:

''(f) Each officer who is continued on active duty under the

provisions of this section shall, unless retired under some other

provision of law, be retired on June 30 of the promotion year in

which he completes a total of thirty-six years of active

commissioned service, including service creditable for retirement

purposes under sections 432, 433, 434 of this title.

''(g) Notwithstanding subsection (f) of this section, the

Commandant, with the approval of the Secretary, may by annual

action retain on active duty from promotion year to promotion year

any officer who would otherwise be retired under subsection (f). An

officer so retained, unless retired under some other provision of

law, shall be retired on June 30 of that promotion year in which no

action is taken to further retain him under this subsection.''

1985 - Pub. L. 99-145, Sec. 514(c)(2)(A), substituted ''rear

admirals (lower half)'' for ''commodores'' in section catchline.

Subsec. (a). Pub. L. 99-145, Sec. 514(c)(1), substituted ''rear

admiral (lower half)'' for ''commodore'' in three places.

1984 - Subsec. (a). Pub. L. 98-557 substituted ''Boards'' for

''Board''.

1983 - Pub. L. 97-417, Sec. 2(9)(A)(i), inserted ''and

commodores'' after ''Rear admirals'' in section catchline.

Subsec. (a). Pub. L. 97-417, Sec. 2(9)(A)(ii), substituted

''commodore or rear admiral'' for ''rear admiral'' after

''promotion list serving in the grade of'' and after ''each officer

serving in the grade of'', and ''five years combined service in the

grades of commodore and rear admiral'' for ''five years service in

that grade''.

1981 - Subsec. (a). Pub. L. 97-136 inserted ''or in the position

of Chief of Staff'' after ''vice admiral''.

1976 - Subsecs. (a), (e) to (g). Pub. L. 94-546 substituted

''promotion year'' for ''fiscal year'' wherever appearing.

1972 - Pub. L. 92-451 substituted ''continuation on active duty''

for ''retention on the active list'' in section catchline.

Subsecs. (a), (b). Pub. L. 92-451 added subsecs. (a) and (b).

Former subsecs. (a) and (b) redesignated (f) and (g), respectively.

Subsec. (c). Pub. L. 92-451 added subsec. (c). Former subsec. (c)

provided that provisions of former subsecs. (a) and (b) were

inapplicable to officers serving as Commandants.

Subsecs. (d), (e). Pub. L. 92-451 added subsecs. (d) and (e).

Subsec. (f). Pub. L. 92-451 incorporated provisions of former

subsec. (a) in provisions designated as subsec. (f), and among

other changes extended the minimum service for retirement from 35

years to 36 years of active commissioned service and deleted the

alternative seven year permanent grade service.

Subsec. (g). Pub. L. 92-451 incorporated provisions of former

subsec. (b) in provisions designated as subsec. (g), and among

other changes, substituted officer for rear admiral.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 3 of Pub. L. 92-451 provided that: ''This Act (enacting

sections 50 and 51 of this title, and amending this section,

sections 41, 42, 44, 47, and 287 of this title, and section 202 of

Title 37, Pay and Allowances of the Uniformed Services) is

effective upon enactment (Oct. 2, 1972) except that continuation

boards, pursuant to subsection (a) of section 290 of title 14,

United States Code, as amended by this Act (subsec. (a) of this

section), may not be held until one year following enactment hereof

(Oct. 2, 1972). During the period of one year following enactment

hereof the Secretary of the Department in which the Coast Guard is

operating shall convene a board consisting of not less than three

Coast Guard officers serving in the grade of vice admiral to

recommend for continuation on active duty Coast Guard officers on

the active duty promotion list serving in the grade of rear

admiral, who during the fiscal year in which the board meets will

complete not less than five years' service in that grade.

Subsections (b) through (g) of section 290 and other sections of

title 14, United States Code, as amended by this Act (sections 41,

42, 44, 47, 50, 51, and 287 of this title), apply to continuation

board action taken pursuant to this section. No officer who is

entitled to the basic pay of a rear admiral of the upper half may

have his basic pay reduced because of the reduction which results

from this Act in the number of officers entitled to the basic pay

of a rear admiral of the upper half.''

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 287 of this title.

-CITE-

14 USC Sec. 291 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 291. Voluntary retirement after twenty years' service

-STATUTE-

Any regular commissioned officer who has completed twenty years'

active service in the Coast Guard, Navy, Army, Air Force, or Marine

Corps, or the Reserve components thereof, including active duty for

training, at least ten years of which shall have been active

commissioned service, may, upon his own application, in the

discretion of the President, be retired from active service.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187;

amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100

Stat. 700.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade with which retired'' after ''from active service''.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 10154.

-CITE-

14 USC Sec. 292 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 292. Voluntary retirement after thirty years' service

-STATUTE-

Any regular commissioned officer who has completed thirty years'

service may, upon his own application, in the discretion of the

Secretary, be retired from active service. (FOOTNOTE 1)

(FOOTNOTE 1) See 1986 Amendment note below.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187;

amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100

Stat. 700.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-348 which directed that '', with retired pay of

the grade with which retired'' be struck out was executed by

striking out that phrase after ''from active service'' as the

probable intent of Congress even though there was no comma, before

''with retired''.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130, providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-CITE-

14 USC Sec. 293 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 293. Compulsory retirement at age of sixty-two

-STATUTE-

Any regular commissioned officer, except a commissioned warrant

officer, who has reached the age of sixty-two shall be retired from

active service.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 187;

amended Pub. L. 99-348, title II, Sec. 205(b)(5), July 1, 1986, 100

Stat. 700.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade with which retired'' after ''from active service''.

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-CITE-

14 USC Sec. 294 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 294. Retirement for physical disability after selection for

promotion; grade in which retired

-STATUTE-

An officer whose name appears on an approved list of officers

selected for promotion to the next higher grade and who is retired

for physical disability under the provisions of chapter 61 of title

10 prior to being promoted shall be retired in the grade to which

he was selected for promotion.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

187.)

-MISC1-

RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963

Savings provisions in section 5(g) of Pub. L. 88-130 providing

that Pub. L. 88-130 does not affect the retired pay of anyone

retired on or prior to Sept. 24, 1963, are set out as a note under

section 211 of this title.

-CITE-

14 USC Sec. 295 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

Sec. 295. Deferment of retirement or separation for medical reasons

-STATUTE-

(a) Subject to subsection (b), the Secretary may defer the

retirement or separation of a commissioned officer, other than a

commissioned warrant officer, if the evaluation of the physical

condition of the officer and determination of the officer's

entitlement to retirement or separation for physical disability

require hospitalization, medical observation, or other physical

disability processing that cannot be completed before the date on

which the officer would otherwise be retired or separated.

(b) A deferment under subsection (a) -

(1) may only be made with the consent of the officer involved;

and

(2) if the Secretary receives written notice from the officer

withdrawing that consent, shall end not later than the end of the

sixty-day period beginning on the date the Secretary receives

that notice.

-SOURCE-

(Added Pub. L. 98-557, Sec. 17(b)(2)(A), Oct. 30, 1984, 98 Stat.

2867.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 257 of this title.

-CITE-

14 USC Sec. 301, 302 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 301, 302. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24,

1963, 77 Stat. 177)

-MISC1-

Section 301, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to

permanent appointment of warrant officers. See section 571 et seq.

of Title 10, Armed Forces.

Section 302, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to

temporary appointments of warrant officers.

-CITE-

14 USC Sec. 303 to 305 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 303 to 305. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68

Stat. 167)

-MISC1-

Section 303, act Aug. 4, 1949, ch. 393, 63 Stat. 518, required

compulsory retirement of warrant officers reaching age of sixty-two

years, with retired pay of grade with which retired.

Section 304, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided

for voluntary retirement of warrant officers after thirty years'

service, with retired pay of grade with which retired.

Section 305, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided

for voluntary retirement after twenty years' service, with retired

pay of grade with which retired.

ADDITIONAL REPEAL

Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A),

Sept. 24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 306. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 519, related to

retirement for disabilities incident to service. See sections 1204

and 1376 of Title 10, Armed Forces.

ADDITIONAL REPEAL

Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 307, 308 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 307, 308. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68

Stat. 167)

-MISC1-

Section 307, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided

for compulsory retirement of warrant officers after thirty years'

service, upon recommendation of a personnel board.

Section 308, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided

for retired pay of warrant officers involuntarily retired under

section 307.

ADDITIONAL REPEAL

Sections were also repealed by Pub. L. 88-130, Sec. 1(10)(A),

Sept. 24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 309. Repealed. Pub. L. 86-155, Sec. 10(a)(1), Aug. 11, 1959,

73 Stat. 338)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950,

ch. 536, Sec. 11, 64 Stat. 407, authorized retirement of warrant

officers with grade of commissioned warrant officer in case of

special commendation.

EFFECTIVE DATE OF REPEAL

Repeal of section effective November 1, 1959, see section 10(b)

of Pub. L. 86-155, set out as a note under section 239 of this

title.

ADDITIONAL REPEAL

Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 310 to 312 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 310 to 312. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177)

-MISC1-

Section 310, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3,

1950, ch. 536, Sec. 12, 64 Stat. 407, related to recall to active

duty during war or national emergency of warrant officers. See

section 331 of this title.

Section 311, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3,

1950, ch. 536, Sec. 13, 64 Stat. 407, related to recall of warrant

officers to active duty with consent of the officer. See section

332 of this title.

Section 312, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3,

1950, ch. 536, Sec. 14, 64 Stat. 407, related to relief of retired

warrant officer promoted while on active duty. See section 333 of

this title.

-CITE-

14 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 313. Repealed. May 29, 1954, ch. 249, Sec. 20(o), 68 Stat.

167)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950,

ch. 536, Sec. 15, 64 Stat. 407, provided that any warrant officer

who was retired under sections 303 to 305 or 307 of this title

should be retired from active service with the highest grade held

by him in which his performance of duty was satisfactory, but not

lower than his permanent grade, with retired pay of the grade with

which retired. It implemented such sections 303 to 305 and 307

which were also repealed by act May 29, 1954. See notes under those

former sections.

ADDITIONAL REPEAL

Section was also repealed by Pub. L. 88-130, Sec. 1(10)(A), Sept.

24, 1963, 77 Stat. 177.

-CITE-

14 USC Sec. 313a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 313a. Repealed. Pub. L. 88-130, Sec. 1(10)(A), Sept. 24,

1963, 77 Stat. 177)

-MISC1-

Section, added Pub. L. 85-144, Sec. 2(a), Aug. 14, 1957, 71 Stat.

367, related to retirement of warrant officers in cases where

higher grade has been held. See section 334 of this title.

-CITE-

14 USC Sec. 314, 315 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

d. discharges; retirements; revocation of commissions

-HEAD-

(Sec. 314, 315. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat.

408)

-MISC1-

Section 314, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to

retiring or dropping for disabilities not incident to service. See

section 1207 of Title 10, Armed Forces.

Section 315, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to

dropping for disabilities due to vicious habits. See section 1207

of Title 10.

-CITE-

14 USC e. separation for cause 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

.

-HEAD-

e. separation for cause

-CITE-

14 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 321. Review of records of officers

-STATUTE-

The Secretary may at any time convene a board of officers to

review the record of any officer of the Regular Coast Guard to

determine whether he shall be required to show cause for his

retention on active duty -

(1) because his performance of duty has fallen below the

standards prescribed by the Secretary, or

(2) because of moral dereliction, professional dereliction, or

because his retention is not clearly consistent with the

interests of national security.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

187.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 323, 324, 327 of

this title.

-CITE-

14 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 322. Boards of inquiry

-STATUTE-

(a) Boards of inquiry shall be convened at such places as the

Secretary may prescribe to receive evidence and make findings and

recommendations whether an officer who is required to show cause

for retention under section 321 of this title should be retained on

active duty.

(b) A fair and impartial hearing before a board of inquiry shall

be given to each officer so required to show cause for retention.

(c) If a board of inquiry determines that the officer has failed

to establish that he should be retained, it shall send the record

of its proceedings to a board of review.

(d) If a board of inquiry determines that the officer has

established that he should be retained, his case is closed.

However, at any time after one year from the date of the

determination in a case arising under clause (1) of section 321 of

this title, and at any time after the date of the determination in

a case arising under clause (2) of that section, an officer may

again be required to show cause for retention.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188;

amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302.)

-MISC1-

AMENDMENTS

1982 - Subsec. (d). Pub. L. 97-295 inserted ''of this title''

after ''section 321''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 324, 325, 327 of this

title.

-CITE-

14 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 323. Boards of review

-STATUTE-

(a) Boards of review shall be convened at such times as the

Secretary may prescribe, to review the records of cases of officers

recommended by boards of inquiry for removal.

(b) If, after reviewing the record of the case, a board of review

determines that the officer has failed to establish that he should

be retained, it shall send its recommendation to the Secretary for

his action.

(c) If, after reviewing the record of the case, a board of review

determines that the officer has established that he should be

retained on active duty, his case is closed. However, at any time

after one year from the date of the determination in a case arising

under clause (1) of section 321 of this title and at any time after

the date of the determination in a case arising under clause (2) of

that section, an officer may again be required to show cause for

retention.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 188;

amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302.)

-MISC1-

AMENDMENTS

1982 - Subsec. (c). Pub. L. 97-295 inserted ''of this title''

after ''section 321''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 324, 326, 327 of this

title.

-CITE-

14 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 324. Composition of boards

-STATUTE-

(a) A board convened under section 321, 322, or 323 of this title

shall consist of at least three officers of the grade of commander

or above, all of whom are serving in a grade senior to the grade of

any officer considered by the board.

(b) No person may be a member of more than one board convened

under section 321, 322, or 323 of this title to consider the same

officer.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

188.)

-CITE-

14 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 325. Rights and procedures

-STATUTE-

Each officer under consideration for removal under section 322 of

this title shall be -

(1) notified in writing at least thirty days before the hearing

of the case by a board of inquiry of the reasons for which the

officer is being required to show cause for retention;

(2) allowed reasonable time, as determined by the board of

inquiry under regulations of the Secretary, to prepare his

defense;

(3) allowed to appear in person and by counsel at proceedings

before a board of inquiry; and

(4) allowed full access to, and furnished copies of, records

relevant to the case at all stages of the proceeding, except that

a board shall withhold any records that the Secretary determines

should be withheld in the interests of national security. In any

case where any records are withheld under this clause, the

officer whose case is under consideration shall, to the extent

that the national security permits, be furnished a summary of the

records so withheld.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

188.)

-CITE-

14 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 326. Removal of officer from active duty; action by Secretary

-STATUTE-

The Secretary may remove an officer from active duty if his

removal is recommended by a board of review under section 323 of

this title. The Secretary's action in such as case is final and

conclusive.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

189.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 327 of this title.

-CITE-

14 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

e. separation for cause

-HEAD-

Sec. 327. Officers considered for removal; retirement or discharge;

severance benefits

-STATUTE-

(a) At any time during proceedings under section 322 or 323 of

this title, and before the removal of an officer, the Secretary may

grant a request -

(1) for voluntary retirement, if the officer is otherwise

qualified therefor; or

(2) for honorable discharge with severance benefits under

subsection (b) in those cases arising under clause (1) of section

321 of this title; or

(3) for discharge with severance benefits under subsection (b)

in those cases arising under clause (2) of section 321 of this

title.

(b) Each officer removed from active duty under section 326 of

this title shall -

(1) if on the date of removal the officer is eligible for

voluntary retirement under any law, be retired in the grade for

which he would be eligible if retired at his request; or

(2) if on that date the officer is ineligible for voluntary

retirement under any law, be honorably discharged in the grade

then held with severance pay computed by multiplying his years of

active commissioned service, but not more than twelve, by one

month's basic pay of that grade, in those cases arising under

clause (1) of section 321 of this title; or

(3) if on that date the officer is ineligible for voluntary

retirement under any law, be discharged in the grade then held

with severance pay computed by multiplying his years of active

commissioned service, but not more than twelve, by one month's

basic pay of that grade, in those cases arising under clause (2)

of section 321 of this title, unless the Secretary determines

that the conditions under which the officer is discharged or

separated do not warrant payment of that amount of severance pay.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189;

amended Pub. L. 97-295, Sec. 2(10), Oct. 12, 1982, 96 Stat. 1302;

Pub. L. 99-348, title II, Sec. 205(b)(6), July 1, 1986, 100 Stat.

700; Pub. L. 105-383, title II, Sec. 201(c), Nov. 13, 1998, 112

Stat. 3414; Pub. L. 107-295, title IV, Sec. 416(a)(5), Nov. 25,

2002, 116 Stat. 2122.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 107-295, title IV, Sec. 416(a)(5), (c), Nov. 25, 2002,

116 Stat. 2122, provided that, effective 4 years after Nov. 25,

2002, this section is amended:

(A) by striking ''severance'' in the section heading and

inserting ''separation'';

(B) by striking subsection (a)(2) and inserting the following:

''(2) for discharge with separation benefits under section

286(c) of this title.'';

(C) by striking subsection (a)(3);

(D) by striking subsection (b)(2) and inserting the following:

''(2) if on that date the officer is ineligible for voluntary

retirement under any law, be honorably discharged with separation

benefits under section 286(c) of this title, unless under

regulations promulgated by the Secretary the condition under

which the officer is discharged does not warrant an honorable

discharge.''; and

(E) by striking subsection (b)(3).

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-383 inserted before period at

end '', unless the Secretary determines that the conditions under

which the officer is discharged or separated do not warrant payment

of that amount of severance pay''.

1986 - Subsec. (b)(1). Pub. L. 99-348 struck out '', and with the

pay'' after ''in the grade''.

1982 - Pub. L. 97-295 inserted ''of this title'' after ''section

322 or 323'' and ''section 321'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-295 effective 4 years after Nov. 25,

2002, see section 416(c) of Pub. L. 107-295, set out as a note

under section 286 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 286 of this title.

-CITE-

14 USC f. miscellaneous provisions 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

.

-HEAD-

f. miscellaneous provisions

-CITE-

14 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 331. Recall to active duty during war or national emergency

-STATUTE-

In time of war or national emergency, the Secretary may order any

regular officer on the retired list to active duty.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

189.)

-TRANS-

DELEGATION OF AUTHORITY

For delegation of authority under this section, as invoked by

section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, to Secretary of Homeland Security when Coast Guard is not

serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set

out as a note under section 12302 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 4312.

-CITE-

14 USC Sec. 332 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 332. Recall to active duty with consent of officer

-STATUTE-

(a) Any regular officer on the retired list may, with that

officer's consent, be assigned to such duties as that officer may

be able to perform.

(b) The number of retired officers on active duty in the grade of

lieutenant commander, commander, or captain shall not exceed 2

percent of the authorized number of officers on active duty in each

such grade. However, this limitation does not apply to retired

officers of these grades recalled to serve as members of courts,

boards, panels, surveys, or special projects for periods not to

exceed one year.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 189;

amended Pub. L. 89-444, Sec. 1(18), June 9, 1966, 80 Stat. 196;

Pub. L. 91-278, Sec. 1(9), June 12, 1970, 84 Stat. 305; Pub. L.

102-241, Sec. 14, Dec. 19, 1991, 105 Stat. 2213.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-241, Sec. 14(b), substituted

''that officer's'' for ''his'' and ''that officer'' for ''he''.

Subsec. (b). Pub. L. 102-241, Sec. 14(a), substituted ''2'' for

''1''.

1970 - Subsec. (a). Pub. L. 91-278 struck out prohibition against

recall to duty in time of peace of any officer on retired list who

reached age of sixty-two years.

1966 - Subsec. (b). Pub. L. 89-444 provided that the percentage

limitation on the number of retired officers on active duty in the

grade of lieutenant commander, commander, or captain should not

apply to retired officers of those grades recalled to serve as

members of courts, boards, panels, surveys, or special projects for

periods not to exceed one year.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 4312.

-CITE-

14 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 333. Relief of retired officer promoted while on active duty

-STATUTE-

Any regular officer on the retired list recalled to active duty

who during such active duty is advanced to a higher grade under an

appointment shall, upon relief from active duty, if his performance

of duty under such appointment has been satisfactory, be advanced

on the retired list to the highest grade held while on such active

duty.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

189.)

-CITE-

14 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 334. Grade on retirement

-STATUTE-

(a) Any commissioned officer, other than a commissioned warrant

officer, who is retired under any provision of this title, shall be

retired from active service with the highest grade held by him for

not less than six months while on active duty in which, as

determined by the Secretary, his performance of duty was

satisfactory.

(b) Any warrant officer who is retired under any provision of

section 580, 1263, 1293, or 1305 of title 10, shall be retired from

active service with the highest commissioned grade above chief

warrant officer, W-4, held by him for not less than six months on

active duty in which, as determined by the Secretary, his

performance of duty was satisfactory.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat. 190;

amended Pub. L. 89-444, Sec. 1(19), June 9, 1966, 80 Stat. 196;

Pub. L. 99-348, title II, Sec. 205(b)(7), July 1, 1986, 100 Stat.

700; Pub. L. 102-190, div. A, title XI, Sec. 1125(b)(2), Dec. 5,

1991, 105 Stat. 1505; Pub. L. 103-337, div. A, title V, Sec.

541(f)(3), Oct. 5, 1994, 108 Stat. 2766.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-337 substituted ''section 580,''

for ''section 564 of title 10 (as in effect on the day before the

effective date of the Warrant Officer Management Act) or''.

1991 - Subsec. (b). Pub. L. 102-190 substituted ''section 564 of

title 10 (as in effect on the day before the effective date of the

Warrant Officer Management Act) or 1263, 1293, or 1305 of title

10'' for ''section 564, 1263, 1293, or 1305 of title 10''.

1986 - Subsec. (a). Pub. L. 99-348, Sec. 205(b)(7)(A), struck out

'', with retired pay of the grade with which retired'' after

''satisfactory''.

Subsec. (b). Pub. L. 99-348, Sec. 205(b)(7), struck out '', with

retired pay of the grade with which retired'' after

''satisfactory'' and struck out provision that when the rate of pay

of such highest grade is less than the pay of the warrant grade

with which the officer would otherwise be retired under section

1371 of title 10, the retired pay was to be based on the higher

rate of pay.

1966 - Pub. L. 89-444 substituted ''Grade on retirement'' for

''Retirement in cases where higher grade has been held'' in section

catchline.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of Title 10,

Armed Forces.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

Title 10, Armed Forces.

-CITE-

14 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 335. Physical fitness of officers

-STATUTE-

The Secretary shall prescribe regulations under which the

physical fitness of officers to perform their duties shall be

periodically determined.

-SOURCE-

(Added Pub. L. 88-130, Sec. 1(10)(C), Sept. 24, 1963, 77 Stat.

190.)

-CITE-

14 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

OFFICERS

f. miscellaneous provisions

-HEAD-

Sec. 336. United States Coast Guard Band; composition; director

-STATUTE-

(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 shall designate the director from among

qualified members of the Coast Guard. Upon the recommendation of

the Secretary, a member 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 a member

designated as director of the Coast Guard Band shall be in the

grade of lieutenant (junior grade) or lieutenant.

(d) A member who is designated and commissioned under this

section shall not be included on the active duty promotion list.

He shall be promoted under section 276 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 a member'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.

-SOURCE-

(Added Pub. L. 89-189, Sec. 1(1), Sept. 17, 1965, 79 Stat. 820;

amended Pub. L. 102-587, title V, Sec. 5201, Nov. 4, 1992, 106

Stat. 5071; Pub. L. 107-295, title III, Sec. 311, Nov. 25, 2002,

116 Stat. 2102.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-295 substituted ''captain'' for

''commander''.

1992 - Subsec. (d). Pub. L. 102-587 substituted ''commander'' for

''lieutenant commander''.

-CITE-

14 USC ENLISTED MEMBERS 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

.

-HEAD-

ENLISTED MEMBERS

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-557, Sec. 15(a)(4)(E)(i), Oct. 30, 1984, 98

Stat. 2866, substituted ''MEMBERS'' for ''MEN'' in heading.

-CITE-

14 USC Sec. 350 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 350. Recruiting campaigns

-STATUTE-

The Secretary shall initiate and carry forward an intensified

voluntary enlistment campaign to obtain the required personnel

strengths.

-SOURCE-

(Added Aug. 10, 1956, ch. 1041, Sec. 7(a), 70A Stat. 620.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

350 34:187 (as made Oct. 6, 1945, ch.

applicable to Coast 393, Sec. 2 (as

Guard by 34:189). made applicable to

34:189 (as Coast Guard by Sec.

applicable to 13), 13 (as

34:187). 50 applicable to Sec.

App.:470 (last 2), 59 Stat. 538,

sentence). 542. June 24, 1948,

ch. 625, Sec. 20

(last sentence), 62

Stat. 627; Sept.

27, 1950, ch. 1059,

Sec. 1(14), 64

Stat. 1074.

-------------------------------

-CITE-

14 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 351. Enlistments; term, grade

-STATUTE-

(a) Under regulations prescribed by the Secretary, the Commandant

may enlist persons for minority or terms of full years not

exceeding six years.

(b) The Secretary shall prescribe the grades or ratings for

persons enlisting in the Regular Coast Guard.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, Sec.

16, 64 Stat. 407; Aug. 10, 1956, ch. 1041, Sec. 8(a), 53, 70A Stat.

620, 679; Pub. L. 98-557, Sec. 15(a)(3)(F), Oct. 30, 1984, 98 Stat.

2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

1949 ACT

Based on title 14, U.S.C., 1946 ed., Sec. 35, 35a, 206 (May 26,

1906, ch. 2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec.

1, 38 Stat. 800; Apr. 21, 1924, ch. 130, Sec. 6, 43 Stat. 106; July

30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July 11, 1941, ch. 290,

Sec. 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, Sec. 3, 55 Stat.

629).

Section 35 of title 14, U.S.C., 1946 ed., has been divided. The

provisions of the first sentence of subsection (a) are placed in

this section. The proviso of subsection (a) is covered in section

367(b) of this title. Subsection (b) is placed in section 365 of

this title. Subsections (c) and (d) are placed in section 367(a)

of this title, except that part (3) of subsection (c) is covered by

section 366 of this title.

Section 206 of title 14, U.S.C., 1946 ed., has been divided.

That part dealing with special temporary enlistments is

incorporated in this section. That part dealing with temporary

appointments of warrant officers is placed in section 302 of this

title.

Certain additional details concerning the two types of

enlistments are added; these details were previously covered in

Coast Guard Regulations.

This section makes provision for the enlistment of personnel in

the Coast Guard. The first sentence grants the necessary authority

to the Secretary, changes existing law in regard to the term of

enlistment from ''not to exceed four years'' to ''not to exceed six

years'', and adds a provision for the enlistment of minors for

their minority only, such provision being in accordance with

existing law applicable to the Navy. The next three sentences

establish and define the two types of enlistments that are now in

effect in the Coast Guard, setting forth the basic difference in

the two types. The last sentence continues a provision to the

effect that original enlistments in the Coast Guard shall be

temporary. This section is a combination of existing law and

regulations in regard to enlistments, with changes as noted above.

See title 14, U.S.C., 1946 ed., Sec. 35, and Coast Guard

Regulations, sections 531 and 532. 81st Congress, House Report No.

557.

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

351 14:351. 34:188 (as Aug. 4, 1949, ch.

made applicable to 393, Sec. 1 (351),

Coast Guard by 63 Stat. 520; Aug.

34:189). 34:189 (as 3, 1950, ch. 536,

applicable to Sec. 16, 64 Stat.

34:188). 407. Oct. 6, 1945,

ch. 393, Sec. 5 (as

made applicable to

Coast Guard by Sec.

13), 13 (as

applicable to Sec.

5); 59 Stat. 539,

542.

-------------------------------

The words ''notwithstanding any other provision of law'' and ''or

reenlisted'' are omitted as surplusage. 34 U.S.C. 188 (proviso) is

omitted as executed.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-557 substituted reference to

persons for reference to men.

1956 - Act Aug. 10, 1956, repealed and reenacted section by

general amendment thereby designating existing provisions as

subsec. (a) and adding subsec. (b), relating to grades or ratings

of enlistees.

1950 - Act Aug. 3, 1950, struck out references to two types of

enlistments that were deemed necessary prior to the enactment of

the Career Compensation Act.

-CITE-

14 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 352. Promotion

-STATUTE-

Enlisted members shall be advanced in rating by the Commandant

under regulations prescribed by the Secretary.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 520; Pub. L. 98-557, Sec.

15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Derived from title 14, U.S.C., 1946 ed., Sec. 23 (Apr. 16, 1908,

ch. 145, Sec. 8, 35 Stat. 62).

Inasmuch as all phases of promotion of enlisted men, except the

points covered by title 14, U.S.C., 1946 ed., Sec. 23, have been

left to administrative control heretofore, and this has proved most

satisfactory, the entire promotion of enlisted men is delegated to

administrative control by this section. 81st Congress, House Report

No. 557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted ''Enlisted members'' for

''Enlisted men''.

-CITE-

14 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 353. Compulsory retirement at age of sixty-two

-STATUTE-

Any enlisted member who has reached the age of sixty-two shall be

retired from active service.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 520; Pub. L. 98-557, Sec.

15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-348, title

II, Sec. 205(b)(8), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 173 (Apr. 12, 1902, ch.

501, Sec. 4, 32 Stat. 100).

Section 173 of title 14, U.S.C., 1946 ed., has been divided.

That part dealing with enlisted men is placed in this section.

That part dealing with commissioned officers is placed in section

230 of this title. That part dealing with warrant officers is

placed in section 303 of this title.

The compulsory retirement age is changed from 64 to 62 in order

to make it the same for enlisted men as for officers. 81st

Congress, House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade or rating with which retired'' after ''active service''.

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

-CITE-

14 USC Sec. 354 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 354. Voluntary retirement after thirty years' service

-STATUTE-

Any enlisted member who has completed thirty years' service may,

upon his own application, in the discretion of the Commandant, be

retired from active service.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 521; Pub. L. 98-557, Sec.

15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-348, title

II, Sec. 205(b)(8), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 175 (Jan. 28, 1915, ch.

20, Sec. 3, 38 Stat. 801).

Said section has been divided. That part dealing with retirement

of enlisted men is placed in this section. That part dealing with

retirement of commissioned officers is placed in section 231 of

this title. That part dealing with retirement of warrant officers

is placed in section 304 of this title. That part providing for

retired pay is incorporated in section 423 of this title. That

part providing for assignment of duties to retired personnel is

incorporated in sections 241, 311, and 360 of this title.

The authority to approve was granted to the Commandant in lieu of

the Secretary. 81st Congress, House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade or rating with which retired'' after ''active service''.

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

-CITE-

14 USC Sec. 355 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 355. Voluntary retirement after twenty years' service

-STATUTE-

Any enlisted member who has completed twenty years' service may,

upon his own application, in the discretion of the Commandant, be

retired from active service.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 521; Pub. L. 98-557, Sec.

15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-348, title

II, Sec. 205(b)(8), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 185a (May 24, 1939, ch.

146, Sec. 2, 53 Stat. 755).

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade or rating with which retired'' after ''active service''.

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

-CITE-

14 USC Sec. 356 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

(Sec. 356. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat. 408)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 521, related to

retirement for disabilities incident to service. See sections 1204

and 1376 of Title 10, Armed Forces.

-CITE-

14 USC Sec. 357 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 357. Involuntary retirement of enlisted members

-STATUTE-

(a) Enlisted Personnel Boards shall be convened as the Commandant

may prescribe to review the records of enlisted members who have

twenty or more years of active military service.

(b) Enlisted members who have twenty or more years of active

military service may be considered by the Commandant for

involuntary retirement and may be retired on recommendation of a

Board -

(1) because the member's performance is below the standards the

Commandant prescribes; or

(2) because of professional dereliction.

(c) An enlisted member under review by the Board shall be -

(1) notified in writing of the reasons the member is being

considered for involuntary retirement;

(2) allowed sixty days from the date on which counsel is

provided under paragraph (3) to submit any matters in rebuttal;

(3) provided counsel, certified under section 827(b) of title

10, to help prepare the rebuttal submitted under paragraph (2)

and to represent the member before the Board under paragraph (5);

(4) allowed full access to and be furnished with copies of

records relevant to the consideration for involuntary retirement

prior to submission of the rebuttal submitted under paragraph

(2); and

(5) allowed to appear before the Board and present witnesses or

other documentation related to the review.

(d) A Board convened under this section shall consist of at least

three commissioned officers, at least one of whom shall be of the

grade of commander or above.

(e) A Board convened under this section shall recommend to the

Commandant enlisted members who -

(1) have twenty or more years of active service;

(2) have been considered for involuntary retirement; and

(3) it determines should be involuntarily retired.

(f) After the Board makes its determination, each enlisted member

the Commandant considers for involuntary retirement shall be -

(1) notified by certified mail of the reasons the member is

being considered for involuntary retirement;

(2) allowed sixty days from the date counsel is provided under

paragraph (3) to submit any matters in rebuttal;

(3) provided counsel, certified under section 827(b) of title

10, to help prepare the rebuttal submitted under paragraph (2);

and

(4) allowed full access to and be furnished with copies of

records relevant to the consideration for involuntary retirement

prior to submission of the rebuttal submitted under paragraph

(2).

(g) If the Commandant approves the Board's recommendation, the

enlisted member shall be notified of the Commandant's decision and

shall be retired from the service within ninety days of the

notification.

(h) An enlisted member, who has completed twenty years of service

and who the Commandant has involuntarily retired under this

section, shall receive retired pay.

(i) An enlisted member voluntarily or involuntarily retired after

twenty years of service who was cited for extraordinary heroism in

the line of duty shall be entitled to an increase in retired pay.

The retired pay shall be increased by 10 percent of -

(1) the active-duty pay and permanent additions thereto of the

grade or rating with which retired when the member's retired pay

is computed under section 423(a) of this title; or

(2) the member's retired pay base under section 1407 of title

10, when a member's retired pay is computed under section 423(b)

of this title.

(j) When the Secretary orders a reduction in force, enlisted

personnel may be involuntarily separated from the service without

the Board's action.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 521; Aug. 3, 1950, ch. 536, Sec.

17, 64 Stat. 407; Pub. L. 88-114, Sec. 1(1), Sept. 6, 1963, 77

Stat. 144; Pub. L. 98-557, Sec. 15(a)(3)(A), (B), Oct. 30, 1984, 98

Stat. 2865; Pub. L. 99-348, title II, Sec. 205(b)(9), July 1, 1986,

100 Stat. 700; Pub. L. 102-241, Sec. 6, Dec. 19, 1991, 105 Stat.

2210.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 185, 185d (May 24,

1939, ch. 146, Sec. 1, 5, 53 Stat. 755).

Subsection (b) is new and implements the preceding subsection; it

seems necessary in view of certain statutes enacted as the result

of World War II.

Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 185d

(May 24, 1939, ch. 146, Sec. 5, 53 Stat. 756). Said section has

been divided. The first sentence is incorporated in section 423 of

this title. The second proviso is incorporated in section 424 of

this title. The remainder is placed in this subsection.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1991 - Pub. L. 102-241 substituted ''Involuntary retirement of

enlisted members'' for ''Enlisted Personnel Board'' in section

catchline and amended text generally. Prior to amendment, text

provided that the Commandant assemble annually a Coast Guard

Enlisted Personnel Board to recommend enlisted members for

retirement, that the recommendations be transmitted to the

Commandant for approval, in which event the enlisted members

concerned would be notified and given opportunity to file a written

protest, which would require a subsequent annual Board

determination and approval by the Commandant to effect the

involuntary retirement of that member, and further provided that an

enlisted member with twenty years' service retired from active duty

by the Commandant pursuant to this section was to receive retired

pay, and that an enlisted member voluntarily or involuntarily

retired by reason of twenty years' service who had been cited for

extraordinary heroism was entitled to an increase in retired pay.

1986 - Subsec. (b). Pub. L. 99-348, Sec. 205(b)(9)(A),

substituted ''retired pay'' for ''the retired pay of the grade or

rating with which retired''.

Subsec. (c). Pub. L. 99-348, Sec. 205(b)(9)(B), substituted

provision that retired pay be increased by an amount equal to 10

percent of the active-duty pay and permanent additions thereto of

the grade or rating with which retired, in the case of a member

whose retired pay is computed under 423(a) of this title, or the

member's retired pay base under section 1407 of title 10, in the

case of a member whose retired pay is computed under section 423(b)

of this title for provision that the retired pay be increased by an

amount equal to 10 per cent of the active-duty pay and permanent

additions thereto of the grade or rating with which retired.

1984 - Pub. L. 98-557, Sec. 15(a)(3)(A), substituted reference to

enlisted member for reference to enlisted man wherever appearing in

subsecs. (a) to (c).

Subsec. (a). Pub. L. 98-557, Sec. 15(a)(3)(B), substituted

reference to enlisted members for reference to enlisted men in two

places.

1963 - Subsec. (c). Pub. L. 88-114 struck out provisions which

entitled enlisted men whose average marks in conduct were not less

than 97 1/2 percent of the maximum to a 10-percent increase of

their retired pay.

1950 - Subsec. (c). Act Aug. 3, 1950, substituted ''years' '' for

''years''.

SERVICE CREDIT FOR CERTAIN ENLISTED PERSONNEL

Act June 3, 1948, ch. 394, 62 Stat. 302, provided: ''That those

enlisted men of the Coast Guard who, during 1940 and 1941, were

discharged from the Coast Guard to accept employment as policemen

and guards at the Ivigtut Cryolite Mine, Greenland, and who

reenlisted in the Coast Guard within three months after the

termination of their service as such policemen and guards, shall be

credited with the time between discharge and reenlistment for

purposes of longevity pay and retirement, but no increased

retroactive pay shall accrue by reason of the enactment of this

Act.''

ENLISTED MEN IN SERVICE ON SEPTEMBER 6, 1963

Section 2 of Pub. L. 88-114 provided that: ''The amendment made

by subsection (1) of section 1 of this Act (amending this section)

does not apply to any enlisted man in service on the effective date

of this Act (Sept. 6, 1963).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 362 of this title.

-CITE-

14 USC Sec. 358 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

(Sec. 358. Repealed. Pub. L. 88-114, Sec. 1(2), Sept. 6, 1963, 77

Stat. 144)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, Sec. 1, 63 Stat. 522, limited

number of retirements in a calendar year of enlisted men who had

completed 20 years of service, to not more than the whole number

nearest 1 percent of the total enlisted force on the active list,

and any men so authorized to be retired annually who were not so

retired, could be retired during any subsequent year providing the

total retired in that year did not exceed 3 percent of the total

enlisted force.

-CITE-

14 USC Sec. 359 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 359. Recall to active duty during war or national emergency

-STATUTE-

In times of war or national emergency, the Commandant may order

any enlisted member on the retired list to active duty.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec.

18, 64 Stat. 407; Pub. L. 98-557, Sec. 15(a)(3)(A), Oct. 30, 1984,

98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 185c (May 24, 1939, ch.

146, Sec. 4, 53 Stat. 755).

This section was changed so as to make provisions for enlisted

men parallel to similar provisions for commissioned and warrant

officers (see Sec. 240 and 310 of the revised title). It seems

fair and equitable that similar provisions should apply to all

classes of personnel insofar as practicable. 81st Congress, House

Report No. 557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

1950 - Act Aug. 3, 1950, struck out all references to pay.

-TRANS-

DELEGATION OF AUTHORITY

For delegation of authority under this section, as invoked by

section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, to Secretary of Homeland Security when Coast Guard is not

serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set

out as a note under section 12302 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 4312.

-CITE-

14 USC Sec. 360 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 360. Recall to active duty with consent of member

-STATUTE-

Any enlisted member on the retired list may, with his consent, be

assigned to such duties as he may be able to perform, except that

no enlisted member on the retired list who has reached the age of

sixty-two years shall be recalled in time of peace.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec.

19, 64 Stat. 407; Pub. L. 98-557, Sec. 15(a)(3)(A), (4)(B)(i), Oct.

30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 185c (May 24, 1939, ch.

146, Sec. 4, 53 Stat. 755).

This section was changed so as to make provisions for enlisted

men parallel to similar provisions for commissioned and warrant

officers (see Sec. 241 and 311 of the revised title). It seems

fair and equitable that similar provisions should apply to all

classes of personnel insofar as practicable. 81st Congress, House

Report No. 557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted ''member'' for ''man'' in

section catchline, and in text substituted reference to enlisted

member for reference to enlisted man in two places.

1950 - Act Aug. 3, 1950, struck out all references to pay.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 4312.

-CITE-

14 USC Sec. 361 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 361. Relief of retired enlisted member promoted while on

active duty

-STATUTE-

Any enlisted member on the retired list recalled to active duty

who during such active duty is advanced to a higher grade or rating

under a permanent or temporary appointment or promotion shall, upon

relief from active duty be advanced on the retired list to the

highest grade or rating held while on active duty. In case the

appointment or promotion was temporary the advancement on the

retired list shall be made only to such grade or rating in which

the member served satisfactorily on active duty.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec.

20, 64 Stat. 407; Pub. L. 98-557, Sec. 15(a)(3)(A), (G), (4)(C)(i),

Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Derived from title 34, U.S.C., 1946 ed., Sec. 3501(a) and (b),

350j(b) (July 24, 1941, ch. 320, Sec. 10, 55 Stat. 605; Feb. 21,

1946, ch. 34, Sec. 8(a), 60 Stat. 28).

Said sections have application to officers only, but in accord

with the general plan to make as many provisions as possible

applicable both to officers and men, it seems highly desirable to

provide similarly for enlisted men - a fortiori because there are

cases in the Coast Guard in which enlisted men are suffering

inequitably because there is no provision for advancing men on the

retired list after they have been advanced in rating while serving

on active duty after recall from the retired list. 81st Congress,

House Report No. 557.

AMENDMENTS

1984 - Pub. L. 98-557 in section catchline substituted ''enlisted

member'' for ''man'', and in two places in text substituted

''member'' for ''man''.

1950 - Act Aug. 3, 1950, struck out all references to pay.

-CITE-

14 USC Sec. 362 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 362. Retirement in cases where higher grade or rating has been

held

-STATUTE-

Any enlisted member who is retired under any provision of section

353, 354, 355, or 357 of this title shall be retired from active

service with highest grade or rating held by him while on active

duty in which, as determined by the Secretary, his performance of

duty was satisfactory, but not lower than his permanent grade or

rating.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec.

21, 64 Stat. 407; Pub. L. 97-295, Sec. 2(9), Oct. 12, 1982, 96

Stat. 1302; Pub. L. 98-557, Sec. 15(a)(3)(A), Oct. 30, 1984, 98

Stat. 2865; Pub. L. 99-348, title II, Sec. 205(b)(8), July 1, 1986,

100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 34, U.S.C., 1946 ed., Sec. 3501(e) (July 24, 1941,

ch. 320, Sec. 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, Sec. 8(a),

60 Stat. 28).

The requirement that the higher grade or rating be held prior to

June 30, 1946, has been eliminated; this seems to be in line with

the intent of Congress as expressed in section 303 of the act of

June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55

Stat. 605, was enacted primarily for application to Navy personnel

but it is made applicable to Coast Guard personnel by its own terms

(see title 34, U.S.C., 1946 ed., Sec. 350j(b)). 81st Congress,

House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 struck out '', with retired pay of the

grade or rating with which retired'' after ''permanent grade or

rating''.

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

1982 - Pub. L. 97-295 substituted ''of this title'' for ''of this

chapter'' after ''357''.

1950 - Act Aug. 3, 1950, struck out reference to section 356.

-CITE-

14 USC Sec. 363, 364 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

(Sec. 363, 364. Repealed. Aug. 3, 1950, ch. 536, Sec. 36, 64 Stat.

408)

-MISC1-

Section 363, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to

retiring or dropping for disabilities not incident to service. See

section 1207 of Title 10, Armed Forces.

Section 364, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to

dropping for disabilities due to vicious habits. See section 1207

of Title 10.

-CITE-

14 USC Sec. 365 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 365. Extension of enlistments

-STATUTE-

Under regulations prescribed by the Secretary, the term of

enlistment of any enlisted member may, by voluntary written

agreement, be extended and re-extended for a period not exceeding

six full years from the date of expiration of the then-existing

term of enlistment, and subsequent to such date an enlisted member

who so extends his term of enlistment shall receive the same pay

and allowances in all respects as though regularly discharged and

reenlisted immediately upon expiration of his term of enlistment.

However, the total of all such extensions of an enlistment may not

exceed six years. No such extension shall operate to deprive the

enlisted member concerned, upon discharge at the termination

thereof, of any right, privilege, or benefit to which he would have

been entitled if his term of enlistment had not been so extended.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Pub. L. 86-474, Sec. 1(18),

May 14, 1960, 74 Stat. 146; Pub. L. 98-557, Sec. 15(a)(3)(A), Oct.

30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 35 (May 26, 1906, ch.

2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat.

800; July 30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July 11, 1941,

ch. 290, Sec. 8, 55 Stat. 586).

Said section has been divided. Subsection (b) is placed in this

section. The provisions of the first sentence of subsection (a)

are placed in section 351 of this title. The proviso of subsection

(a) is covered in section 367(b) of this title. Subsections (c)

and (d) are placed in section 367(a) of this title, except that

part (3) of subsection (c) is covered in section 366 of this title.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man in three places.

1960 - Pub. L. 86-474 increased maximum term for extension of a

reenlistment period from four to six years.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 369 of this title.

-CITE-

14 USC Sec. 366 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 366. Retention beyond term of enlistment in case of disability

-STATUTE-

Any enlisted member of the Coast Guard in the active service

whose term of enlistment expires while he is suffering disease or

injury incident to service and not due to misconduct, and who is in

need of medical care or hospitalization, may, with his consent, be

retained in such service beyond the expiration of his term of

enlistment. Any such enlisted member shall be entitled to receive

at Government expense medical care or hospitalization and his pay

and allowances, including credit for longevity, until he shall have

recovered to such extent as would enable him to meet the physical

requirements for reenlistment, or until it shall have been

ascertained by competent authority of the Coast Guard that the

disease or injury is of a character that recovery to such an extent

would be impossible. Any enlisted member whose enlistment is so

extended shall be subject to forfeitures in the same manner and to

the same extent as if his term of enlistment had not expired.

Nothing contained in this section shall prevent any enlisted member

from being held in the service without his consent under section

367 of this title.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Pub. L. 98-557, Sec.

15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 35b (Dec. 12, 1941, ch.

566, 55 Stat. 797).

The parenthetical part, which has no application insofar as the

Coast Guard is concerned, has been eliminated.

Inasmuch as the act cited above applies equally to the Army,

Navy, and Marine Corps, as well as the Coast Guard, it is not

scheduled for repeal but is being amended by section 14 of this act

to eliminate reference to the Coast Guard.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man in four places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 369 of this title.

-CITE-

14 USC Sec. 367 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 367. Detention beyond term of enlistment

-STATUTE-

Under regulations prescribed by the Secretary, an enlisted member

may be detained in the Coast Guard beyond the term of his

enlistment:

(1) until the first arrival of the vessel on which he is

serving at its permanent station, or at a port in a State of the

United States or in the District of Columbia; or

(2) if attached to a shore station beyond the continental

limits of the United States or in Alaska, until his first arrival

at a port in any State of the United States or in the District of

Columbia where his reenlistment or discharge may be effected, or

until he can be discharged or reenlisted at his station beyond

the continental limits of the United States or in Alaska,

whichever is earlier, but in no event to exceed three months; or

(3) during a period of war or national emergency as proclaimed

by the President, and, in the interest of national defense, for a

period not to exceed six months after the end of the war or the

termination of the emergency; or

(4) for a period of not exceeding thirty days in other cases

whether or not specifically covered by this section, when

essential to the public interests, and the determination that

such detention is essential to the public interests, made in

accordance with regulations prescribed by the Secretary, shall be

final and conclusive.

Any member detained in the Coast Guard as provided in this section

shall be entitled to receive pay and allowances and benefits under

the same conditions as though his enlistment period had not

expired, and shall be subject in all respects to the laws and

regulations for the government of the Coast Guard until his

discharge therefrom. Enlisted members detained under the

provisions of clause (1) shall be entitled to the pay and

allowances provided for enlisted personnel of the Navy detained

under similar circumstances.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 523; Aug. 3, 1950, ch. 536, Sec.

22, 64 Stat. 407; July 24, 1956, ch. 692, Sec. 2(4), 3, 70 Stat.

631; Pub. L. 98-557, Sec. 15(a)(3)(A), (C), 17(b)(4), Oct. 30,

1984, 98 Stat. 2865, 2868.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 35, 35a, 35c (May 26,

1906, ch. 2556, Sec. 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, Sec.

1, 38 Stat. 800; July 30, 1937, ch. 545, Sec. 1, 50 Stat. 547; July

11, 1941, ch. 290, Sec. 8, 55 Stat. 586; Aug. 18, 1941, ch. 364,

Sec. 3, 55 Stat. 629; Dec. 13, 1941, ch. 570, Sec. 5, 55 Stat.

799).

Section 35 of title 14, U.S.C., 1946 ed., has been divided. The

proviso of subsection (a) is covered by subsection (b) of this

section. Subsections (c) and (d) are placed in subsection (a) of

this section, except that part (3) of subsection (c) is covered in

section 366 of this title. The first sentence of subsection (a) is

placed in section 351 of this title. Subsection (b) is placed in

section 365 of this title.

Changes were made in phraseology. 81st Congress, House Report No.

557.

AMENDMENTS

1984 - Pub. L. 98-557 struck out subsec. ''(a)'' designation; in

provisions preceding cl. (1) substituted ''enlisted member'' for

''enlisted man''; and in provisions following cl. (4) substituted

''member detained'' for ''person detained'', ''Enlisted members''

for ''Enlisted men'', and ''clause (1)'' for ''(1) of this

subsection''.

1956 - Subsec. (a). Act July 24, 1956, Sec. 2(4), 3, repealed cl.

(3) permitting detention of enlisted members beyond term of their

enlistment while waiting disciplinary action or trial and

disposition of their case, struck out provisions prohibiting

payment of pay or allowances for any period beyond term of

enlistment if trial of such members results in conviction, and

redesignated cls. (4) and (5) as (3) and (4), respectively. See

section 972(a) of Title 10, Armed Forces.

Subsecs. (b), (c). Act July 24, 1956, Sec. 2(4), repealed

subsecs. (b) and (c) which required enlisted members to make good

time lost by unauthorized absence from duty, or by confinement

under sentence or pending trial, or by reason of sickness resulting

from misconduct. See section 972(a) of Title 10.

1950 - Subsec. (c). Act Aug. 3, 1950, added subsec. (c).

-TRANS-

DELEGATION OF AUTHORITY

For delegation of authority under this section, as invoked by

section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as

amended, to Secretary of Homeland Security when Coast Guard is not

serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set

out as a note under section 12302 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 366, 369 of this title;

title 38 section 4312.

-CITE-

14 USC Sec. 368 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

(Sec. 368. Repealed. Pub. L. 97-322, title I, Sec. 115(b)(1), Oct.

15, 1982, 96 Stat. 1585)

-MISC1-

Section, act Aug. 4, 1949, ch. 393, 63 Stat. 524, related to

discharge in case of under-age enlistment.

-CITE-

14 USC Sec. 369 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 369. Inclusion of certain conditions in enlistment contract

-STATUTE-

The enlistment contract shall contain the substance of sections

365 to 368, inclusive, of this title.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 524.)

-MISC1-

HISTORICAL AND REVISION NOTES

It is believed desirable to have the provisions specified

included in the enlistment contract, as they include certain

privileges and obligations that any man should clearly understand

before enlisting. 81st Congress, House Report No. 557.

-CITE-

14 USC Sec. 370 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 370. Discharge within three months before expiration of

enlistment

-STATUTE-

Under regulations prescribed by the Secretary, any enlisted

member may be discharged at any time within three months before the

expiration of his term of enlistment or extended enlistment without

prejudice to any right, privilege, or benefit that he would have

received, except pay and allowances for the unexpired period not

served, or to which he would thereafter become entitled, had he

served his full term of enlistment or extended enlistment.

-SOURCE-

(Added June 8, 1955, ch. 136, Sec. 2, 69 Stat. 88; amended Pub. L.

98-557, Sec. 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man.

-CITE-

14 USC Sec. 371 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 371. Aviation cadets; procurement; transfer

-STATUTE-

(a) The grade of aviation cadet is established as a special

enlisted grade in the Coast Guard. Under such regulations as the

Secretary prescribes, citizens in civil life may be enlisted as,

and enlisted members of the Coast Guard with their consent may be

designated as, aviation cadets.

(b) Except in time of war or national emergency declared by

Congress, not less than 20 percent of the aviation cadets procured

in each fiscal year shall be procured from qualified enlisted

members of the Coast Guard.

(c) No persons may be enlisted or designated as an aviation cadet

unless -

(1) the person agrees in writing that, upon successful

completion of the course of training as an aviation cadet, the

person will accept a commission as an ensign in the Coast Guard

Reserve and will serve on active duty as such for at least three

years, unless sooner released; and

(2) if under twenty-one years of age, the person has the

consent of the person's parent or guardian to the agreement.

(d) Under such regulations as the Secretary prescribes, an

aviation cadet may be transferred to another enlisted grade or

rating in the Coast Guard, released from active duty, or

discharged.

-SOURCE-

(Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 196;

amended Pub. L. 97-295, Sec. 2(11), Oct. 12, 1982, 96 Stat. 1302;

Pub. L. 98-557, Sec. 15(a)(1), Oct. 30, 1984, 98 Stat. 2864.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-557, Sec. 15(a)(1)(A), struck out

''male'' before ''citizens'' and ''enlisted members''.

Subsec. (c)(1). Pub. L. 98-557, Sec. 15(a)(1)(B), substituted

''the person'' for ''he'' in two places and struck out ''his''

after ''upon''.

Subsec. (c)(2). Pub. L. 98-557, Sec. 15(a)(1)(C), substituted

''the person'' for ''he'', ''the person's'' for ''his'', and ''the

agreement'' for ''his agreement''.

1982 - Subsec. (b). Pub. L. 97-295 substituted ''percent'' for

''per centum''.

-CITE-

14 USC Sec. 372 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 372. Aviation cadets; benefits

-STATUTE-

Except as provided in section 402(c) of title 37, aviation cadets

or their beneficiaries are entitled to the same allowances,

pensions, gratuities, and other benefits as are provided for

enlisted members in pay grade E-4. While on active duty, an

aviation cadet is entitled to uniforms, clothing, and equipment at

the expense of the United States.

-SOURCE-

(Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 197.)

-CITE-

14 USC Sec. 373 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

ENLISTED MEMBERS

-HEAD-

Sec. 373. Aviation cadets; appointment as Reserve officers

-STATUTE-

(a) An aviation cadet who fulfills the eligibility requirements

of section 2003 of title 10 for designation as a naval aviator may

be appointed an ensign in the Coast Guard Reserve and designated a

Coast Guard aviator.

(b) Aviation cadets who complete their training at approximately

the same time are considered for all purposes to have begun their

commissioned service on the same date, and the decision of the

Secretary in this regard is conclusive.

-SOURCE-

(Added Pub. L. 89-444, Sec. 1(20), June 9, 1966, 80 Stat. 197;

amended Pub. L. 94-546, Sec. 1(28), Oct. 18, 1976, 90 Stat. 2521.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-546 substituted reference to

section 2003 of title 10 for reference to section 6023(b) of title

10.

-CITE-

14 USC GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

.

-HEAD-

GENERAL PROVISIONS

-CITE-

14 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 421. Retirement

-STATUTE-

(a) Every commissioned officer, warrant officer, or enlisted

member who is retired under any provisions of this title shall be

retired with the permanent grade or rate held at the time of

retirement, unless entitled to retire with a higher grade or rate

under any provision of this title or any other law.

(b) Where an officer is entitled, under any provision of law, to

retire with one grade higher than the grade in which serving at the

time of retirement, the next higher grade in the case of captain

shall be rear admiral (lower half), and the next higher grade in

the case of commissioned warrant officer shall be lieutenant

(junior grade).

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 524; Pub. L. 97-417, Sec. 2(10),

Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98-557, Sec. 15(a)(3)(A), Oct.

30, 1984, 98 Stat. 2865; Pub. L. 99-145, title V, Sec. 514(c)(1),

Nov. 8, 1985, 99 Stat. 629; Pub. L. 99-348, title II, Sec.

205(b)(10), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

Subsection (a) is new in this form, but the provision contained

therein is expressed or implied in numerous statutes relating to

the retirement of military personnel.

A provision defining the next higher grade to that of

commissioned warrant officer as lieutenant (junior grade), for

purposes of retirement, was added.

The other provisions of said section are obsolete and are no

longer needed.

Subsection (a) is new, but the provision contained in it is

expressed or implied in numerous statutes relating to retirement of

military personnel. It is believed desirable to include such a

provision to prevent any misconstruction of retirement statutes,

even though no change in existing law is intended on the point

covered, either by other sections dealing with retirement or by

this section.

Subsection (b) is a codification of the only provision of title

14, U.S.C., 1946 ed., Sec. 174, that it is desired to retain, and

in addition designated the next higher grade for commissioned

warrant officers as lieutenant (junior grade) because the pay of

the commissioned warrant officers is the same as for the grade of

lieutenant (junior grade) and advancing such officers to the grade

of ensign would in some aspects not appear to be a promotion. 81st

Congress, House Report No. 557.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-348 substituted ''rate'' for

''rating'' in two places.

1985 - Subsec. (b). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1984 - Subsec. (a). Pub. L. 98-557 substituted reference to

enlisted member for reference to enlisted man.

1983 - Subsec. (b). Pub. L. 97-417 substituted ''commodore'' for

''rear admiral''.

-CITE-

14 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 422. Status of recalled personnel

-STATUTE-

All retired personnel when recalled to active duty shall serve in

the grade or rate in which they were serving at the time of

retirement.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 524; Pub. L. 99-348, title II,

Sec. 205(b)(10), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

This provision is desirable because many enlisted men and

low-ranking officers may now retire with higher grade which they

previously held on a temporary basis. If recalled in the higher

grades, they might not be capable of holding same at the time of

recall. 81st Congress, House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 substituted ''rate'' for ''rating''.

-CITE-

14 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 423. Computation of retired pay

-STATUTE-

(a)(1) The retired pay of a member who first became a member of a

uniformed service (as defined in section 101 of title 10) before

September 8, 1980, is determined by multiplying -

(A) the sum of -

(i) the basic pay of the member's retired grade or rate, and

(ii) all permanent additions thereto including longevity

credit to which the member was entitled at the time of

retirement; by

(B) the retired pay multiplier determined under section 1409 of

title 10 for the number of years of service that may be credited

to the member under section 1405 of such title.

(2) In the case of an officer who served as Commandant of the

Coast Guard, retired pay under paragraph (1) shall be computed at

the highest rate of basic pay applicable to the officer while so

serving.

(3) In the case of an enlisted member who served as the master

chief petty officer of the Coast Guard, retired pay under paragraph

(1) shall be computed at the highest rate of basic pay to which the

member was entitled while so serving, if that basic pay is greater

than the basic pay of the grade or rate to which the member is

otherwise entitled at the time of retirement.

(4) In the case of an officer whose retired pay is computed on

the pay of a grade for which basic pay is not based upon years of

service, retired pay under paragraph (1) shall be computed on the

basis of the number of years of service for which the officer would

be entitled to credit in the computation of pay on the active list

had the officer been serving in the grade of captain at the time of

retirement.

(b) The retired pay of a member who first became a member of a

uniformed service (as defined in section 101 of title 10) on or

after September 8, 1980, is determined by multiplying -

(1) the retired pay base determined under section 1407 of title

10; by

(2) the retired pay multiplier determined under section 1409 of

title 10 for the number of years of service that may be credited

to the member under section 1405 of such title.

(c)(1) In computing for the purpose of subsection (a) or (b) the

number of years of service that may be credited to a member under

section 1405 of title 10 -

(A) each full month of service that is in addition to the

number of full years of service creditable to the member shall be

counted as 1/12 of a year; and

(B) any remaining fractional part of a month shall be

disregarded.

(2) Retired pay computed under this section, if not a multiple of

$1, shall be rounded to the next lower multiple of $1.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 525; Aug. 3, 1950, ch. 536, Sec.

23, 64 Stat. 407; Pub. L. 85-422, Sec. 11(b), May 20, 1958, 72

Stat. 132; Pub. L. 88-132, Sec. 5(i), Oct. 2, 1963, 77 Stat. 214;

Pub. L. 92-455, Sec. 2, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96-342,

title VIII, Sec. 813(f)(2), Sept. 8, 1980, 94 Stat. 1109; Pub. L.

97-295, Sec. 2(12), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98-94,

title IX, Sec. 922(b), 923(d), Sept. 24, 1983, 97 Stat. 642, 643;

Pub. L. 98-557, Sec. 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865;

Pub. L. 99-348, title II, Sec. 205(a), July 1, 1986, 100 Stat.

699.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 14, U.S.C., 1946 ed., Sec. 162a, 167, 175c, 185d

(Apr. 12, 1902, ch. 501, Sec. 9, 32 Stat. 101; Jan. 12, 1938, ch.

3, Sec. 3, 52 Stat. 5; May 24, 1939, ch. 146, Sec. 5, 53 Stat. 756;

Feb. 21, 1946, ch. 34, Sec. 10, 60 Stat. 29).

Section was enlarged to include computation of retired pay in all

situations. It is in accord with the provisions of Navy statutes.

81st Congress, House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 amended section generally. Prior to

amendment, section provided that retired pay of a grade or rating

would be computed at the rate of 2 1/2 percent of the sum of the

basic pay of that grade or rating and all permanent additions

thereto including longevity credit, multiplied by the number of

years of service credited, with certain exceptions, and that

retired pay of an officer or member of the Coast Guard who first

became a member of a uniformed service, as defined in section

1407(a)(2) of title 10, after Sept. 7, 1980, would be computed at

the rate of 2 1/2 percent of the monthly retired pay base computed

under section 1407(f) of title 10, multiplied by the number of

years of service credited, but that retired pay was not to be more

than 75 percent of such monthly retired pay base.

1984 - Subsec. (a). Pub. L. 98-557 substituted reference to

enlisted member concerned for reference to enlisted man concerned.

1983 - Subsec. (a). Pub. L. 98-94, Sec. 923(d), substituted ''In

computing the number of years of service by which the rate of 2 1/2

percent is multiplied, each full month of service that is in

addition to the number of full years of service creditable to a

member is counted as one-twelfth of a year and any remaining

fractional part of a month is disregarded'' for ''A fractional year

of six months or more shall be considered a full year in computing

the number of years of service by which the rate of 2 1/2 percent

is multiplied''.

Pub. L. 98-94, Sec. 922(b), inserted ''Retired pay, if not a

multiple of $1, shall be rounded to the next lower multiple of

$1.''

1982 - Subsec. (b). Pub. L. 97-295 substituted ''after September

7, 1980'' for ''on or after the date of the enactment of the

Department of Defense Authorization Act, 1981''.

1980 - Pub. L. 96-342 designated existing provisions as subsec.

(a), substituted ''Except as provided in subsection (b), the'' for

''The'', and added subsec. (b).

1972 - Pub. L. 92-455 provided for computation of retired pay of

an enlisted member serving as the master chief petty officer of the

Coast Guard at the highest basic pay applicable to him while he so

served, if that basic pay is greater than the basic pay of the

grade or rating to which he was otherwise entitled at the time of

retirement.

1963 - Pub. L. 88-132 substituted ''basic'' for ''active-duty''

wherever appearing.

1958 - Pub. L. 85-422 substituted ''that may be credited to him

under section 1405 of title 10'' for ''for which he was entitled to

credit in the computation of his pay when last on active duty''.

1950 - Act Aug. 3, 1950, struck out reference to computation of

pay of retired personnel retired by reason of physical disability.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 922 of Pub. L. 98-94 effective Oct. 1, 1983,

see section 922(e) of Pub. L. 98-94, set out as a note under

section 1401 of Title 10, Armed Forces.

Amendment by section 923 of Pub. L. 98-94 applicable with respect

to the computation of retired or retainer pay of any individual who

becomes entitled to that pay after Sept. 30, 1983, see section

923(g) of Pub. L. 98-94, set out as a note under section 1174 of

Title 10.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288, 357 of this title;

title 10 section 1406.

-CITE-

14 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 424. Limitations on retirement and retired pay

-STATUTE-

(a) The provisions of any section of this title shall not be

construed so as to prevent any member from being placed on the

retired list with the highest grade or rate and the highest retired

pay to which the member may be entitled under the provisions of any

other section of this title or under any other law.

(b) In no case may the retired pay of a member exceed 75 percent

of (1) the sum of the active-duty pay and all permanent additions

thereto (including longevity credit to which the member is

entitled) of the grade or rate on which the member's pay is

computed, or (2) the retired pay base determined under section 1407

of title 10, as appropriate.

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 525; Pub. L. 98-557, Sec.

15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-348, title

II, Sec. 205(b)(11), July 1, 1986, 100 Stat. 700.)

-MISC1-

HISTORICAL AND REVISION NOTES

The two provisions of this section are considered desirable as

safeguards to eliminate any possible misconstruction of situations

relating to retirement and retired pay in respect to the two points

covered. 81st Congress, House Report No. 557.

AMENDMENTS

1986 - Pub. L. 99-348 amended section generally. Prior to

amendment, section read as follows: ''The provisions of any section

of this title shall not be construed so as to prevent any officer

or enlisted member from being placed on the retired list with the

highest grade or rating and the highest retired pay to which such

officer or enlisted member may be entitled under the provisions of

any other section of this title or under the provisions of any

other law. In no case shall the retired pay of an officer or

enlisted member exceed 75 percent of the sum of the active-duty pay

and all permanent additions thereto, including longevity credit to

which the officer or enlisted member concerned is entitled, of the

grade or rating on which his pay is computed.''

1984 - Pub. L. 98-557 substituted reference to enlisted member

for reference to enlisted man in four places.

-CITE-

14 USC Sec. 424a 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 424a. Suspension of payment of retired pay of members who are

absent from the United States to avoid prosecution

-STATUTE-

Under procedures prescribed by the Secretary, the Secretary may

suspend the payment of the retired pay of a member or former member

during periods in which the member willfully remains outside the

United States to avoid criminal prosecution or civil liability.

The procedures shall address the types of criminal offenses and

civil proceedings for which the procedures may be used, including

the offenses specified in section 8312 of title 5, and the manner

by which a member, upon the return of the member to the United

States, may obtain retired pay withheld during the member's

absence.

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 444(a), Nov. 25, 2002, 116

Stat. 2132.)

-CITE-

14 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

GENERAL PROVISIONS

-HEAD-

Sec. 425. Board for Correction of Military Records deadline

-STATUTE-

(a) Deadline for Completion of Action. - The Secretary shall

complete processing of an application for correction of military

records under section 1552 of title 10 by not later than 10 months

after the date the Secretary receives the completed application.

(b) Remedies Deemed Exhausted. - Ten months after a complete

application for correction of military records is received by the

Board for Correction of Military Records of the Coast Guard,

administrative remedies are deemed to have been exhausted, and -

(1) if the Board has rendered a recommended decision, its

recommendation shall be final agency action and not subject to

further review or approval within the department in which the

Coast Guard is operating; or

(2) if the Board has not rendered a recommended decision,

agency action is deemed to have been unreasonably delayed or

withheld and the applicant is entitled to -

(A) an order under section 706(1) of title 5, directing final

action be taken within 30 days from the date the order is

entered; and

(B) from amounts appropriated to the department in which the

Coast Guard is operating, the costs of obtaining the order,

including a reasonable attorney's fee.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 209(a), Oct. 19, 1996, 110

Stat. 3914.)

-MISC1-

PRIOR PROVISIONS

A prior section 425, act Aug. 4, 1949, ch. 393, 63 Stat. 525,

related to retiring boards, prior to repeal by act Aug. 3, 1950,

ch. 536, Sec. 36, 64 Stat. 408. See section 1216 of Title 10, Armed

Forces.

EFFECTIVE DATE

Section 209(d) of Pub. L. 104-324 provided that: ''This section

(enacting this section and provisions set out as a note below)

shall be effective on and after June 12, 1990.''

SPECIAL RIGHT OF APPLICATIONS AFTER DEADLINE FOR COMPLETION OF

BOARD ACTION

Section 209(c) of Pub. L. 104-324 provided that: ''This section

(enacting this section and provisions set out as a note above)

applies to any applicant who had an application filed with or

pending before the Board or the Secretary of the department in

which the Coast Guard is operating on or after June 12, 1990, who

files with the Board for Correction of Military Records of the

Coast Guard an application for relief under the amendment made by

subsection (a) (enacting this section). If a recommended decision

was modified or reversed on review with final agency action

occurring after expiration of the 10-month deadline under that

amendment, an applicant who so requests shall have the order in the

final decision vacated and receive the relief granted in the

recommended decision if the Coast Guard has the legal authority to

grant such relief. The recommended decision shall otherwise have

no effect as precedent.''

-CITE-

14 USC SPECIAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

.

-HEAD-

SPECIAL PROVISIONS

-CITE-

14 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

(Sec. 431. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10,

1986, 100 Stat. 3549)

-MISC1-

Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 526; Aug. 3, 1950,

ch. 536, Sec. 24, 64 Stat. 407, related to personnel of former Life

Saving Service.

SAVINGS PROVISION

Section 10(a)(6)(A) of Pub. L. 99-640 provided in part that the

repeal of sections 431, 433, 434, and 438 of this title did not

affect rights and duties that matured, penalties that were

incurred, and proceedings that were begun under such sections

before Nov. 10, 1986.

-CITE-

14 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

Sec. 432. Personnel of former Lighthouse Service

-STATUTE-

(a) Any person of the former Lighthouse Service commissioned as

an officer in the Coast Guard shall be an extra number in his grade

and in the grades to which he may be promoted. He shall take

precedence (1) with other officers commissioned in his grade from

the former Lighthouse Service as the Secretary of the Treasury may

determine, and (2) with other line officers in his grade in

accordance with the respective dates of their commissions in such

grade. He shall be eligible for promotion, if otherwise qualified,

at such time as the officer in a regular number in line of

promotion next above him on the seniority list becomes eligible for

promotion; or if there be no such officer in his grade, he shall be

eligible for promotion, if otherwise qualified, when a vacancy

occurs in the next higher grade. An officer so commissioned shall

be assigned to duty for which he is specially qualified, and

professional examinations for promotion given to such officer shall

embrace only subjects which pertain to the duty to which he is

assigned.

(b) Each vacancy (1) hereafter occurring in the extra numbers of

such officers; (2) existing on August 5, 1939, in positions in the

Lighthouse Service formerly held by personnel eligible for such

commissions; and (3) created by the retirement, resignation, death,

or separation from the service for any other cause, of such

personnel who do not possess the qualifications prescribed by the

Secretary of the Treasury or who, being qualified, do not accept a

commission thereunder, shall operate to increase by one the total

authorized number of line officers of the Coast Guard.

(c) All persons of the former Lighthouse Service commissioned,

appointed, or enlisted in the Coast Guard shall be subject to all

laws and regulations for the government of the Coast Guard, and

nothing contained in this title shall be construed to prevent the

application to any of such persons of laws and regulations

concerning the military discipline of commissioned and warrant

officers and enlisted members of the Coast Guard.

(d) In computing length of service, for the purpose of retirement

in the Coast Guard, of any person of the former Lighthouse Service

commissioned, appointed, or enlisted in the Coast Guard, there

shall be included all service computable for retirement under the

provisions of section 763 of title 33; and after July 1, 1948, in

computing longevity for the purpose of pay of such person there

shall be included all service of such person in the Lighthouse

Service.

(e) No person so commissioned, appointed, or enlisted in the

Coast Guard shall suffer any reduction in the total of the annual

compensation and allowances which he was receiving on the date of

his commission, appointment, or enlistment. Upon his retirement

from active duty in the Coast Guard, the retired pay of any person

so commissioned, appointed, or enlisted, shall not be less than an

annuity computed in accordance with the provisions of section 763

of title 33, substituting, however, for purposes of such

computation, the annual compensation which he was receiving on the

date of his commission, appointment, or enlistment in the Coast

Guard for the average annual pay received by him for the last five

years of service.

(f) Notwithstanding any other provision of law, chapter 51,

subchapter III of chapter 53, and sections 5542-5546 of title 5

shall not apply to civilian keepers of lighthouses and to civilians

employed on lightships and other vessels of the Coast Guard.

(g)(1) The head of the department in which the Coast Guard is

operating under regulations prescribed by him, may regulate the

hours of duty and the pay of civilian keepers of lighthouses and

civilians employed on lightships and other vessels of the Coast

Guard, but such personnel may be called upon for duty in emergency

circumstances or otherwise at any time or all times. The existing

system governing the pay of such employees may be continued or

changed except that overtime compensation, night differential, and

extra pay for duty on holidays shall not be paid to such

employees. In lieu thereof additional annual compensation may be

authorized, which may be prescribed either as a fixed differential

or as a percentage of the basic compensation otherwise applicable

to such employees. In no case shall basic compensation exceed

$15,000 per annum, except that nothing contained in this subsection

shall operate to decrease the basic compensation of any person

employed by the Coast Guard on the date of enactment of this

subsection, and in no case shall additions thereto exceed 25

percent of such basic compensation. Provision may be made for

compensatory absence from duty when conditions of employment result

in confinement because of isolation or in long periods of

continuous duty; and provisions may likewise be made for extra

allowance for service outside of the continental limits of the

United States.

(2) The additional compensation authorized by this subsection

shall be included in any computation of compensation under section

6 of the Act of June 20, 1918 (33 U.S.C. 763).

-SOURCE-

(Aug. 4, 1949, ch. 393, 63 Stat. 526; Aug. 9, 1955, ch. 650, Sec.

1, 2, 69 Stat. 577; Pub. L. 86-309, Sept. 21, 1959, 73 Stat. 585;

Pub. L. 91-278, Sec. 1(10), June 12, 1970, 84 Stat. 305; Pub. L.

96-23, Sec. 5(a), June 13, 1979, 93 Stat. 68; Pub. L. 97-295, Sec.

2(11), (13), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98-557, Sec.

15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-640, Sec.

10(a)(7), Nov. 10, 1986, 100 Stat. 3549.)

-MISC1-

HISTORICAL AND REVISION NOTES

See note under section 431 of this title.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this subsection, referred to in subsec.

(g)(1), is Aug. 4, 1949.

-MISC2-

AMENDMENTS

1986 - Subsec. (g). Pub. L. 99-640 designated existing provisions

as par. (1), struck out last par. relating to inclusion of

additional compensation in computations of compensation for

purposes of the Lighthouse Service Retirement Act, and added par.

(2).

1984 - Subsec. (c). Pub. L. 98-557 substituted reference to

enlisted members for reference to enlisted men.

1982 - Subsec. (f). Pub. L. 97-295, Sec. 2(13), substituted

''chapter 51, subchapter III of chapter 53, and sections 5542-5546

of title 5'' for ''the civil service classification laws and titles

II and III of the Federal Employees Pay Act of 1945 as amended''.

Subsec. (g). Pub. L. 97-295, Sec. 2(11), substituted ''percent''

for ''per centum''.

1979 - Subsec. (g). Pub. L. 96-23 substituted ''$15,000'' for

''$7,500''.

1970 - Subsec. (g). Pub. L. 91-278 substituted ''$7,500'' for

''$5,100''.

1959 - Subsec. (g). Pub. L. 86-309 substituted ''$5,100'' for

''$3,750''.

1955 - Subsec. (f). Act Aug. 9, 1955, Sec. 1, inserted ''as

amended''.

Subsec. (g). Act Aug. 9, 1955, Sec. 2, authorized head of

department in which the Coast Guard is operating to regulate hours

of duty and pay.

RETROACTIVE PAY

Section 5(b) of Pub. L. 96-23 provided that: ''The Coast Guard

may issue retroactive pay to its remaining civilian lighthouse

keepers in an amount equal to the difference between what the

keeper actually received and what he would have received under the

General Schedule salary rates had there not been a statutory

limitation of $7,500 on his annual salary. This amount is to be

calculated from the time at which his salary reached the statutory

limitation to the date of enactment of this Act (June 13, 1979).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 42 of this title; title 5

section 5102.

-CITE-

14 USC Sec. 433, 434 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

(Sec. 433, 434. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov.

10, 1986, 100 Stat. 3549)

-MISC1-

Section 433, acts Aug. 4, 1949, ch. 393, 63 Stat. 528; Sept. 27,

1949, ch. 586, 63 Stat. 698; Sept. 24, 1963, Pub. L. 88-130, Sec.

1(11), 77 Stat. 190; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(11),

(14), 96 Stat. 1302, related to personnel of former Bureau of

Marine Inspection and Navigation and Bureau of Customs.

Section 434, added act Sept. 23, 1950, ch. 996, 64 Stat. 978;

amended Oct. 12, 1982, Pub. L. 97-295, Sec. 2(14), 96 Stat. 1302,

related to personnel appointed as constructors.

SAVINGS PROVISION

See note set out under section 431 of this title.

-CITE-

14 USC Sec. 435 to 437 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

(Sec. 435 to 437. Repealed. Pub. L. 88-130, Sec. 4(a), Sept. 24,

1963, 77 Stat. 192)

-MISC1-

Section 435, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A

Stat. 620, related to temporary appointments in time of war or

national emergency. See section 214 of this title.

Section 436, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A

Stat. 621, related to temporary promotions in time of war or

national emergency. See section 275 of this title.

Section 437, acts Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat.

622; June 28, 1962, Pub. L. 87-509, Sec. 4(b), 76 Stat. 121,

related to discharge during war or emergency of officers having

less than 20 years of service for unsatisfactory performance of

duty.

EXTENSION OF AUTHORITY

Act July 23, 1947, ch. 301, Sec. 16, 61 Stat. 413, as amended

June 3, 1948, ch. 395, 62 Stat. 302; Aug. 10, 1956, ch. 1041, Sec.

27, 70A Stat. 631; Sept. 2, 1958, Pub. L. 85-861, Sec. 6, 72 Stat.

1555; Sept. 21, 1961, Pub. L. 87-257, 75 Stat. 538, provided that

notwithstanding the limitations in sections 435 and 436 of this

title, the authority of such sections could be exercised until the

Secretary of the Treasury determined officers holding permanent

appointments on the active list equalled 95% of the number

authorized, exclusive of extra numbers, or Jan. 1, 1964, whichever

occurred earlier. Pub. L. 87-257, Sept. 21, 1961, 75 Stat. 538,

was repealed by section 4(b) of Pub. L. 88-130.

-CITE-

14 USC Sec. 438 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

(Sec. 438. Repealed. Pub. L. 99-640, Sec. 10(a)(6)(A), Nov. 10,

1986, 100 Stat. 3549)

-MISC1-

Section, added act Aug. 10, 1956, ch. 1041, Sec. 9(a), 70A Stat.

623; amended June 9, 1966, Pub. L. 89-444, Sec. 1(21), 80 Stat.

197; Dec. 12, 1980, Pub. L. 96-513, title V, Sec. 505(b), 94 Stat.

2918, related to laws not applicable to warrant officers of former

Life Saving Service, Lighthouse Service, Bureau of Marine

Inspection and Navigation, and Bureau of Customs.

SAVINGS PROVISION

See note set out under section 431 of this title.

-CITE-

14 USC Sec. 439, 440 01/06/03

-EXPCITE-

TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 11 - PERSONNEL

SPECIAL PROVISIONS

-HEAD-

(Sec. 439, 440. Repealed. Pub. L. 88-130, Sec. 4(a), Sept. 24,

1963, 77 Stat. 192)

-MISC1-

Section 439, added act July 20, 1956, ch. 647, Sec. 3(a), 70

Stat. 588, related to oath of office. See section 273(b) of this

title.

Section 440, added Pub. L. 85-861, Sec. 33(b)(1), Sept. 2, 1958,

72 Stat. 1567, related to temporary promotion of warrant officers.

See section 277 of this title.

-CITE-