§285. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185 ; amended Pub. L. 93–283, §1(7), May 14, 1974, 88 Stat. 140 ; Pub. L. 94–546, §1(24), Oct. 18, 1976, 90 Stat. 2521 .)

Amendments

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.

Section Referred to in Other Sections

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