[USC07] 14 USC Ch. 21: PERSONNEL; OFFICERS
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14 USC Ch. 21: PERSONNEL; OFFICERS
From Title 14—COAST GUARDSUBTITLE II—PERSONNEL

CHAPTER 21—PERSONNEL; OFFICERS

SUBCHAPTER I—APPOINTMENT AND PROMOTION

Sec.
2101.
Original appointment of permanent commissioned officers.
2102.
Active duty promotion list.
2103.
Number and distribution of commissioned officers on active duty promotion list.
2104.
Appointment of temporary officers.
2105.
Rank of warrant officers.
2106.
Selection boards; convening of boards.
2107.
Selection boards; composition of boards.
2108.
Selection boards; notice of convening; communication with board.
2109.
Selection boards; oath of members.
2110.
Number of officers to be selected for promotion.
2111.
Promotion zones.
2112.
Promotion year; defined.
2113.
Eligibility of officers for consideration for promotion.
2114.
United States Deputy Marshals in Alaska.
2115.
Selection boards; information to be furnished boards.
2116.
Officers to be recommended for promotion.
2117.
Selection boards; reports.
2118.
Selection boards; submission of reports.
2119.
Failure of selection for promotion.
2120.
Special selection boards; correction of errors.
2121.
Promotions; appointments.
2122.
Removal of officer from list of selectees for promotion.
2123.
Promotions; acceptance; oath of office.
2124.
Promotions; pay and allowances.
2125.
Wartime temporary service promotions.
2126.
Promotion of officers not included on active duty promotion list.
2127.
Recall to active duty during war or national emergency.
2128.
Recall to active duty with consent of officer.
2129.
Aviation cadets; appointment as Reserve officers.

        

SUBCHAPTER II—DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE

2141.
Revocation of commissions during first five years of commissioned service.
2142.
Regular lieutenants (junior grade); separation for failure of selection for promotion.
2143.
Regular lieutenants; separation for failure of selection for promotion; continuation.
2144.
Regular Coast Guard; officers serving under temporary appointments.
2145.
Regular lieutenant commanders and commanders; retirement for failure of selection for promotion.
2146.
Discharge in lieu of retirement; separation pay.
2147.
Regular warrant officers: separation pay.
2148.
Separation for failure of selection for promotion or continuation; time of.
Regular captains; retirement.
2150.
Captains; continuation on active duty; involuntary retirement.
2151.
Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement.
2152.
Voluntary retirement after twenty years' service.
2153.
Voluntary retirement after thirty years' service.
2154.
Compulsory retirement.
2155.
Retirement for physical disability after selection for promotion; grade in which retired.
2156.
Deferment of retirement or separation for medical reasons.
2157.
Flag officers.
2158.
Review of records of officers.
2159.
Boards of inquiry.
2160.
Boards of review.
2161.
Composition of boards.
2162.
Rights and procedures.
2163.
Removal of officer from active duty; action by Secretary.
2164.
Officers considered for removal; retirement or discharge; separation benefits.
2165.
Relief of retired officer promoted while on active duty.

        

SUBCHAPTER III—GENERAL PROVISIONS

2181.
Physical fitness of officers.
2182.
Multirater assessment of certain personnel.

        

Prior Provisions

A prior analysis for chapter 21 "COAST GUARD RESERVE" consisted of items 701 "Organization", 702 "Authorized strength", 703 "Coast Guard Reserve Boards", 704 "Grades and ratings; military authority", 705 "Benefits", 706 "Temporary members of the Reserve; eligibility and compensation", 707 "Temporary members of the Reserve; disability or death benefits", 708 "Temporary members of the Reserve; certificate of honorable service", 709 "Reserve student aviation pilots; Reserve aviation pilots; appointments in commissioned grade", 709a "Reserve student pre-commissioning assistance program", 710 "Appointment or wartime promotion; retention of grade upon release from active duty", 711 "Exclusiveness of service", 712 "Active duty for emergency augmentation of regular forces", 713 "Enlistment of members engaged in schooling", 720 "Definitions", 721 "Applicability of this subchapter", 722 "Suspension of this subchapter in time of war or national emergency", 723 "Effect of this subchapter on retirement and retired pay", 724 "Authorized number of officers", 725 "Precedence", 726 "Running mates", 727 "Constructive credit upon initial appointment", 728 "Promotion of Reserve officers on active duty", 729 "Promotion; recommendations of selection boards", 730 "Selection boards; appointment", 731 "Establishment of promotion zones under running mate system", 732 "Eligibility for promotion", 733 "Recommendation for promotion of an officer previously removed from an active status", 734 "Qualifications for promotion", 735 "Promotion; acceptance; oath of office", 736 "Date of rank upon promotion; entitlement to pay", 737 "Type of promotion; temporary", 738 "Effect of removal by the President or failure of consent of the Senate", 739 "Failure of selection for promotion", 740 "Failure of selection and removal from an active status", 741 "Retention boards; removal from an active status to provide a flow of promotion", 742 "Maximum ages for retention in an active status", 743 "Rear admiral and rear admiral (lower half); maximum service in grade", 744 "Appointment of a former Navy or Coast Guard officer", 745 "Grade on entry upon active duty", and 746 "Recall of a retired officer; grade upon release", prior to repeal by Pub. L. 115–282, title I, §112(a), Dec. 4, 2018, 132 Stat. 4215.

Amendments

2018Pub. L. 115–282, title I, §112(a), Dec. 4, 2018, 132 Stat. 4215, inserted chapter 21 designation and heading and added items 2101 to 2182.

SUBCHAPTER I—APPOINTMENT AND PROMOTION

Prior Provisions

A prior subchapter A of chapter 21 designation and accompanying heading "GENERAL" were repealed by Pub. L. 115–282, title I, §112(c)(1), Dec. 4, 2018, 132 Stat. 4220.

Amendments

2018Pub. L. 115–282, title I, §112(c)(2), Dec. 4, 2018, 132 Stat. 4220, inserted subchapter I designation and heading.

Officer Evaluation Report

Pub. L. 115–282, title VIII, §803, Dec. 4, 2018, 132 Stat. 4299, provided that:

"(a) In General.—Not later than 3 years after the date of the enactment of this Act [Dec. 4, 2018], the Commandant of the Coast Guard shall reduce lieutenant junior grade evaluation reports to the same length as an ensign or place lieutenant junior grade evaluations on an annual schedule.

"(b) Surveys.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall conduct surveys of—

"(1) outgoing promotion board members and assignment officers to determine, at a minimum—

"(A) which sections of the officer evaluation report were most useful;

"(B) which sections of the officer evaluation report were least useful;

"(C) how to better reflect high performers; and

"(D) any recommendations for improving the officer evaluation report; and

"(2) at least 10 percent of the officers from each grade of officers from O1 to O6 to determine how much time each member of the rating chain spends on that member's portion of the officer evaluation report.

"(c) Revisions.—

"(1) In general.—Not later than 4 years after the date of the completion of the surveys required by subsection (b), the Commandant of the Coast Guard shall revise the officer evaluation report, and provide corresponding directions, taking into account the requirements under paragraph (2).

"(2) Requirements.—In revising the officer evaluation report under paragraph (1), the Commandant shall—

"(A) consider the findings of the surveys under subsection (b);

"(B) improve administrative efficiency;

"(C) reduce and streamline performance dimensions and narrative text;

"(D) eliminate redundancy with the officer specialty management system and any other record information systems that are used during the officer assignment or promotion process;

"(E) provide for fairness and equity for Coast Guard officers with regard to promotion boards, selection panels, and the assignment process; and

"(F) ensure officer evaluation responsibilities can be accomplished within normal working hours—

"(i) to minimize any impact to officer duties; and

"(ii) to eliminate any need for an officer to take liberty or leave for administrative purposes.

"(d) Report.—

"(1) In general.—Not later than 545 days after the date of the enactment of this Act [Dec. 4, 2018], the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the surveys under subsection (b).

"(2) Format.—The report under paragraph (1) shall be formatted by each rank, type of board, and position, as applicable."

§2101. Original appointment of permanent commissioned officers

(a)(1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:

(A) Graduates of the Coast Guard Academy.

(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.

(C) Members of the Coast Guard Reserve who have served at least 2 years as such.

(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.


(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.

(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.

(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.

(d) For the purposes of this section, the term "original", with respect to the appointment of a member of the Coast Guard, refers to that member's most recent appointment in the Coast Guard that is neither a promotion nor a demotion.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 177, §211; amended Pub. L. 89–444, §1(11), June 9, 1966, 80 Stat. 196; Pub. L. 98–557, §15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 109–241, title II, §217(a), July 11, 2006, 120 Stat. 525; Pub. L. 112–213, title II, §206, Dec. 20, 2012, 126 Stat. 1546; renumbered §2101, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 211 of this title as this section.

2012—Subsec. (d). Pub. L. 112–213 added subsec. (d).

2006—Subsec. (a). Pub. L. 109–241 amended subsec. (a) generally. Prior to amendment, subsec. (a) related to Presidential appointment of commissioned officers in the Regular Coast Guard in grades of ensign or above.

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

Pub. L. 88–130, §5, Sept. 24, 1963, 77 Stat. 193, as amended by Pub. L. 89–444, §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 [now 2121] 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 [now 2104] 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 [now 2101] 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 [now 2149] 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 [now 2149] 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 [now 2142, 2143, 2144, 2145, or 2149] 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]."

§2102. Active duty promotion list

(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 12311 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list.

(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error.

(c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority.

(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.

(Added Pub. L. 88–130, §1(1), Sept. 24, 1963, 77 Stat. 174, §41a; amended Pub. L. 91–278, §1(2), June 12, 1970, 84 Stat. 304; Pub. L. 93–174, §1(1), Dec. 5, 1973, 87 Stat. 692; Pub. L. 97–136, §6(a), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 103–206, title II, §205(a), Dec. 20, 1993, 107 Stat. 2422; Pub. L. 103–337, div. A, title XVI, §1677(b)(1), Oct. 5, 1994, 108 Stat. 3019; renumbered §2102, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 41a of this title as this section.

1994—Subsec. (a). Pub. L. 103–337 substituted "section 12311 of title 10" for "section 679 of title 10".

1993—Subsec. (b). Pub. L. 103–206 struck out before period at end of second sentence ", except that the rear admiral serving as Chief of Staff shall be the senior rear admiral for all purposes other than pay".

1981—Subsec. (a). Pub. L. 97–136, §6(a)(1), substituted "Reserve officers on active duty, other than pursuant to an active duty agreement executed under section 679 of title 10, retired officers, and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not" for "Retired officers and officers of the permanent commissioned teaching staff of the Coast Guard Academy shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components or assigned to the Selective Service System, shall".

Subsec. (b). Pub. L. 97–136, §6(a)(2), inserted exception that rear admiral serving as Chief of Staff shall be senior rear admiral for all purposes other than pay.

Subsec. (d). Pub. L. 97–136, §6(a)(3), substituted "enters on active duty" for "enters on extended active duty".

1973—Subsec. (a). Pub. L. 93–174 substituted "Retired officers and officers" for "Retired officers, officers" and struck out ", and officers of the Women's Reserve" after "Coast Guard Academy".

1970—Subsec. (a). Pub. L. 91–278 inserted "or assigned to the Selective Service System" after "components" in last sentence.

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.

§2103. Number and distribution of commissioned officers on active duty promotion list

(a) Maximum Total Number.—The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 6,900; except that the Commandant may temporarily increase that number by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.

(b) Distribution Percentages by Grade.—

(1) Required.—The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.

(2) Discretionary.—The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.

(3) Authority of secretary to reduce percentage.—The Secretary—

(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and

(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.


(c) Computations.—

(1) In general.—The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.

(2) Rounding fractions.—Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.

(3) Treatment of officers serving outside coast guard.—The number of commissioned officers on the active duty promotion list below the rank of rear admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.


(d) Use of Numbers; Temporary Increases.—The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.

(e) Officers Serving Coast Guard Academy and Reserve.—The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.

(Aug. 4, 1949, ch. 393, 63 Stat. 497, §42; July 20, 1956, ch. 647, §2, 70 Stat. 588; Pub. L. 86–474, §1(2), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, §1(2), Sept. 24, 1963, 77 Stat. 174; Pub. L. 89–444, §1(2), June 9, 1966, 80 Stat. 195; Pub. L. 90–385, July 5, 1968, 82 Stat. 293; Pub. L. 92–451, §1(2), Oct. 2, 1972, 86 Stat. 755; Pub. L. 93–174, §1(2), Dec. 5, 1973, 87 Stat. 692; Pub. L. 96–23, §4, June 13, 1979, 93 Stat. 68; Pub. L. 97–417, §2(2), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 97–449, §5(b), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–557, §25(a)(1), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 103–206, title II, §201, Dec. 20, 1993, 107 Stat. 2420; Pub. L. 108–293, title II, §214, Aug. 9, 2004, 118 Stat. 1037; Pub. L. 111–281, title II, §204(a), Oct. 15, 2010, 124 Stat. 2910; Pub. L. 113–281, title II, §201, Dec. 18, 2014, 128 Stat. 3024; renumbered §2103, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §6a (July 23, 1947, ch. 301, §1, 61 Stat. 409).

The only change is in phraseology in the second sentence, it being necessary to include the extra numbers authorized by the act of July 23, 1947, in the figure given as the present number of extra numbers in the Coast Guard. 81st Congress, House Report No. 557.

Amendments

2018Pub. L. 115–282 renumbered section 42 of this title as this section.

2014—Subsec. (a). Pub. L. 113–281 substituted "6,900" for "7,200".

2010Pub. L. 111–281 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to number and distribution of commissioned officers.

2004—Subsec. (a). Pub. L. 108–293, §214(1), substituted "6,700 in each fiscal year 2004, 2005, and 2006" for "6,200".

Subsec. (b). Pub. L. 108–293, §214(2), substituted "commander 15.0; lieutenant commander 22.0" for "commander 12.0; lieutenant commander 18.0".

1993—Subsec. (a). Pub. L. 103–206 substituted "6,200" for "6,000".

1985—Subsec. (b). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".

1984—Subsec. (b). Pub. L. 98–557 substituted "0.375" for ".375" in two places.

1983—Subsec. (b). Pub. L. 97–417 substituted ".375; commodore .375;" for "0.75;" after "rear admiral".

Subsec. (e). Pub. L. 97–449 substituted "section 324(d) of title 49" for "section 9(d)(1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)".

1979—Subsec. (a). Pub. L. 96–23 substituted "6,000" for "five thousand".

1973—Subsec. (e). Pub. L. 93–174 substituted "Coast Guard Academy and of the" for "Coast Guard Academy, of the" and struck out ", and of the Women's Reserve" after "training and reserve components".

1972—Subsec. (e). Pub. L. 92–451 inserted provision that officers excluded under section 1657(d)(1) of Title 49 shall not be counted in determining authorized strengths.

1968—Subsec. (a). Pub. L. 90–385 substituted "five thousand" for "four thousand".

1966—Subsec. (a). Pub. L. 89–444 substituted "four thousand" for "three thousand five hundred".

1963Pub. L. 88–130 specified percentage of distribution of commissioned officers from rear admiral to lieutenant commander, authorized Secretary to prescribe percentages for lieutenant, lieutenant (junior grade), and ensign, required number in each grade to be computed by applying the applicable percentage to the total number of officers serving on active duty on the date the computation is made, provided that officers not on the active duty promotion list, officers serving as extra numbers in grade, and officers serving with other departments or agencies on a reimbursable basis shall not be counted in determining authorized strengths and that the number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy, of the Reserve, and of the Women's Reserve shall be prescribed by the Secretary, and struck out provisions which included in the number of commissioned officers the extra numbers in grade which increase the authorized number of line officers upon separation or retirement of the person holding such number, and the members of the permanent commissioned teaching staff of the Coast Guard Academy, distributed commissioned officers in grades in the same percentages as prescribed for the Navy, determined authorized number of officers in the various grades by the actual number on active duty, including permanent, temporary, and reserve officers, but not including extra numbers in the Coast Guard at the date of making the computation, and which provided that no officer be reduced in permanent grade or pay or removed from the active list as a result of any computation of the number of officers in grade.

1960Pub. L. 86–474 substituted "three thousand five hundred" for "three thousand".

1956—Act July 20, 1956, substituted "three thousand" for "two thousand two hundred and fifty" and inserted "except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason".

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 2151 of this title.

§2104. Appointment of temporary officers

(a) The president may appoint temporary commissioned officers—

(1) 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 holders of licenses issued under chapter 71 of title 46; and

(2) in the Coast Guard Reserve 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 of the Coast Guard Reserve.


(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 178, §214; amended Pub. L. 89–444, §1(12)–(14), June 9, 1966, 80 Stat. 196; Pub. L. 93–283, §1(5), May 14, 1974, 88 Stat. 140; Pub. L. 96–376, §6, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 98–557, §15(a)(3)(B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 103–337, div. A, title V, §541(f)(6), Oct. 5, 1994, 108 Stat. 2767; Pub. L. 104–324, title II, §211(a), Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, §211, Oct. 15, 2010, 124 Stat. 2914; renumbered §2104, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 214 of this title as this section.

2010—Subsec. (a). Pub. L. 111–281 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "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."

1996Pub. L. 104–324, §211(a)(1), substituted "Appointment" for "Original appointment" in section catchline.

Subsec. (b). Pub. L. 104–324, §211(a)(2), redesignated subsec. (d) as (b).

Subsec. (c). Pub. L. 104–324, §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, §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, §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, §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, §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

Pub. L. 93–283, §2, May 14, 1974, 88 Stat. 141, 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 2101 of this title.

§2105. Rank of warrant officers

(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.

(Added Pub. L. 103–337, div. A, title V, §541(e)(1), Oct. 5, 1994, 108 Stat. 2766, §215; renumbered §2105, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 215 of this title as this section.

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.

§2106. Selection boards; convening of boards

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 178, §251; renumbered §2106, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 251 of this title as this section.

§2107. Selection boards; composition of boards

A board convened under section 2106 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §252; renumbered §2107 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

Pub. L. 115–282, §112(b), renumbered section 252 of this title as this section.

§2108. Selection boards; notice of convening; communication with board

(a) Before a board is convened under section 2106 of this title, notice of the convening date, the promotion zone to be considered, and the officers eligible for consideration shall be given to the service at large.

(b) Each officer eligible for consideration by a selection board convened under section 2106 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §253; amended Pub. L. 89–444, §1(15), June 9, 1966, 80 Stat. 196; Pub. L. 111–281, title II, §212(1), Oct. 15, 2010, 124 Stat. 2914; renumbered §2108 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 253 of this title as this section.

Subsecs. (a), (b). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

2010—Subsec. (a). Pub. L. 111–281 inserted "and" after "zone to be considered," and struck out ", and the number of officers the board may recommend for promotion" after "eligible for consideration".

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.

§2109. Selection boards; oath of members

Each member of a selection board shall swear—

(1) that the member 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 the member; and

(2) an oath in accordance with section 931.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §254; amended Pub. L. 112–213, title II, §207, Dec. 20, 2012, 126 Stat. 1546; renumbered §2109 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 254 of this title as this section.

Par. (2). Pub. L. 115–282, §123(b)(2), substituted "section 931" for "section 635".

2012Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: "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."

§2110. Number of officers to be selected for promotion

Before convening a board under section 2106 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §255; renumbered §2110 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

Pub. L. 115–282, §112(b), renumbered section 255 of this title as this section.

§2111. Promotion zones

(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 one-half.

(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §256; amended Pub. L. 89–444, §1(16), June 9, 1966, 80 Stat. 196; Pub. L. 97–417, §2(3), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–661, div. A, title XIII, §1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered §2111 and amended Pub. L. 115–282, title I, §112(b), title III, §312, Dec. 4, 2018, 132 Stat. 4216, 4249.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 256 of this title as this section.

Subsec. (a). Pub. L. 115–282, §312, substituted "one-half." for "six-tenths." in concluding provisions.

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.

§2112. Promotion year; defined

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.

(Added Pub. L. 94–546, §1(17), Oct. 18, 1976, 90 Stat. 2520, §256a; renumbered §2112, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 256a of this title as this section.

§2113. Eligibility of officers for consideration for promotion

(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 2125 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 2156 of this title is not eligible for consideration for promotion to the next higher grade during the period of that deferment.

(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 179, §257; amended Pub. L. 94–546, §1(19), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 98–557, §17(b)(1), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 109–241, title II, §203, July 11, 2006, 120 Stat. 520; renumbered §2113 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 257 of this title as this section.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2125" for "section 275".

Subsec. (e). Pub. L. 115–282, §123(b)(2), substituted "section 2156" for "section 295".

2006—Subsec. (f). Pub. L. 109–241 added subsec. (f).

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

1976—Subsec. (a). Pub. L. 94–546, §1(19)(a), substituted "promotion year" for "fiscal year".

Subsec. (d). Pub. L. 94–546, §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."

§2114. United States Deputy Marshals in Alaska

Commissioned officers may be appointed as United States Deputy Marshals in Alaska.

(Added Pub. L. 115–282, title I, §112(c)(3), Dec. 4, 2018, 132 Stat. 4221.)

§2115. Selection boards; information to be furnished boards

(a) In General.—The Secretary shall furnish the appropriate selection board convened under section 2106 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.


(b) Provision of Direction and Guidance.—

(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—

(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and

(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.


(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 2106 of this title.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 180, §258; amended Pub. L. 89–444, §1(17), June 9, 1966, 80 Stat. 196; Pub. L. 104–324, title II, §212, Oct. 19, 1996, 110 Stat. 3915; Pub. L. 111–281, title II, §212(2), Oct. 15, 2010, 124 Stat. 2914; renumbered §2115 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 258 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.

Subsec. (b)(2). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

2010Pub. L. 111–281 designated existing provisions as subsec. (a), inserted heading, substituted "with—" for "with:" in introductory provisions, and added subsec. (b).

1996—Cl. (2). Pub. L. 104–324 struck out ", with identification of those officers who are in the promotion zone" after "officers for promotion".

1966Pub. 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.

§2116. Officers to be recommended for promotion

(a) A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 2115 of this title, 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 2106 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) 7½ 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) In 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 2121(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 180, §259; amended Pub. L. 97–417, §2(4), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 107–295, title III, §313(1), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 111–281, title II, §212(3), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 112–213, title II, §217(3), Dec. 20, 2012, 126 Stat. 1557; renumbered §2116 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 259 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2115" for "section 258".

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.

Subsec. (c)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2121(a)" for "section 271(a)".

2012—Subsec. (c)(1). Pub. L. 112–213 substituted "In selecting" for "After selecting".

2010—Subsec. (a). Pub. L. 111–281 inserted ", giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title," after "whom the board".

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".

§2117. Selection boards; reports

(a) Each board convened under section 2106 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 2121(a) of this title.

(b) A board convened under section 2106 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 to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 2115 of this title) of those officers whose names have been furnished to the board.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 180, §260; amended Pub. L. 107–295, title III, §313(2), Nov. 25, 2002, 116 Stat. 2103; Pub. L. 111–281, title II, §212(4), Oct. 15, 2010, 124 Stat. 2915; renumbered §2117 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 260 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" and "section 2121(a)" for "section 271(a)".

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" and "section 2115" for "section 258".

2010—Subsec. (b). Pub. L. 111–281 inserted "to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)" after "qualified for promotion".

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.

§2118. Selection boards; submission of reports

(a) A board convened under section 2106 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 2106 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, including a special selection board convened under section 2120, shall not be disclosed to any person not a member of the board.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 181, §261; amended Pub. L. 112–213, title II, §208(b), Dec. 20, 2012, 126 Stat. 1549; renumbered §2118 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 261 of this title as this section.

Subsecs. (a), (c). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

Subsec. (d). Pub. L. 115–282, §123(b)(2), substituted "section 2120" for "section 263".

2012—Subsec. (d). Pub. L. 112–213 substituted "selection board, including a special selection board convened under section 263," for "selection board".

Effective Date of 2012 Amendment

Pub. L. 112–213, title II, §208(e)(1), Dec. 20, 2012, 126 Stat. 1549, provided that: "The amendments made by this section [enacting section 263 of this title and amending this section and section 262 of this title] shall take effect on the date of enactment of this Act [Dec. 20, 2012] and the Secretary may convene a special selection board on or after that date under section 263 [now 2120] of title 14, United States Code, with respect to any error or other action for which such a board may be convened if that error or other action occurred on or after the date that is 1 year before the date of enactment of this Act."

§2119. Failure of selection for promotion

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 2111 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 181, §262; amended Pub. L. 112–213, title II, §208(c), Dec. 20, 2012, 126 Stat. 1549; renumbered §2119 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2111" for "section 256".

Pub. L. 115–282, §112(b), renumbered section 262 of this title as this section.

2012Pub. L. 112–213 amended section generally. Prior to amendment, section consisted of subsecs. (a) and (b) describing failure of selection for promotion with an exception made if an officer was not considered because of administrative error.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–213 effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as a note under section 2118 of this title.

Placement Out of Line of Promotion Prior to September 24, 1963

Pub. L. 88–130, §2(a), (b), Sept. 24, 1963, 77 Stat. 190, 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 [now 2142 through 2145] 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."

§2120. Special selection boards; correction of errors

(a) Officers Not Considered Due to Administrative Error.—

(1) In general.—If the Secretary determines that as the result of an administrative error—

(A) an officer or former officer was not considered for selection for promotion by a selection board convened under section 2106; or

(B) the name of an officer or former officer was not placed on an all-fully-qualified-officers list;


the Secretary shall convene a special selection board to determine whether such officer or former officer should be recommended for promotion and such officer or former officer shall not be considered to have failed of selection for promotion prior to the consideration of the special selection board.

(2) Effect of failure to recommend for promotion.—If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is below the grade of captain and whose name was referred to that board for consideration, the officer or former officer shall be considered to have failed of selection for promotion.


(b) Officers Considered But Not Selected; Material Error.—

(1) In general.—In the case of an officer or former officer who was eligible for promotion, was considered for selection for promotion by a selection board convened under section 2106, and was not selected for promotion by that board, the Secretary may convene a special selection board to determine whether the officer or former officer should be recommended for promotion, if the Secretary determines that—

(A) an action of the selection board that considered the officer or former officer—

(i) was contrary to law in a matter material to the decision of the board; or

(ii) involved material error of fact or material administrative error; or


(B) the selection board that considered the officer or former officer did not have before it for consideration material information.


(2) Effect of failure to recommend for promotion.—If a special selection board convened under paragraph (1) does not recommend for promotion an officer or former officer, whose grade is that of commander or below and whose name was referred to that board for consideration, the officer or former officer shall be considered—

(A) to have failed of selection for promotion with respect to the board that considered the officer or former officer prior to the consideration of the special selection board; and

(B) to incur no additional failure of selection for promotion as a result of the action of the special selection board.


(c) Requirements for Special Selection Boards.—Each special selection board convened under this section shall—

(1) be composed in accordance with section 2107 and the members of the board shall be required to swear the oaths described in section 2109;

(2) consider the record of an applicable officer or former officer as that record, if corrected, would have appeared to the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board and that record shall be compared with a sampling of the records of—

(A) those officers of the same grade who were recommended for promotion by such prior selection board; and

(B) those officers of the same grade who were not recommended for promotion by such prior selection board; and


(3) submit to the Secretary a written report in a manner consistent with sections 2117 and 2118.


(d) Appointment of Officers Recommended for Promotion.—

(1) In general.—An officer or former officer whose name is placed on a promotion list as a result of the recommendation of a special selection board convened under this section shall be appointed, as soon as practicable, to the next higher grade in accordance with the law and policies that would have been applicable to the officer or former officer had the officer or former officer been recommended for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.

(2) Effect.—An officer or former officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section shall have, upon such promotion, the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active duty promotion list as the officer or former officer would have had if the officer or former officer had been recommended for promotion to that grade by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.

(3) Record correction.—If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer not eligible for promotion or a former officer whose name was referred to the board for consideration, the Secretary may act under section 1552 of title 10 to correct the military record of the officer or former officer to correct an error or remove an injustice resulting from the officer or former officer not being selected for promotion by the selection board that should have considered or did consider the officer or former officer prior to the consideration of the special selection board.


(e) Application Process and Time Limits.—The Secretary shall issue regulations regarding the process by which an officer or former officer may apply to have a matter considered by a special selection board convened under this section, including time limits related to such applications.

(f) Limitation of Other Jurisdiction.—No official or court of the United States shall have authority or jurisdiction over any claim based in any way on the failure of an officer or former officer to be selected for promotion by a selection board convened under section 2106, until—

(1) the claim has been referred to a special selection board convened under this section and acted upon by that board; or

(2) the claim has been rejected by the Secretary without consideration by a special selection board convened under this section.


(g) Judicial Review.—

(1) In general.—A court of the United States may review—

(A) a decision of the Secretary not to convene a special selection board under this section to determine if the court finds that the decision of the Secretary was arbitrary or capricious, not based on substantial evidence, or otherwise contrary to law; and

(B) an action of a special selection board under this section to determine if the court finds that the action of the special selection board was contrary to law or involved material error of fact or material administrative error.


(2) Remand and reconsideration.—If, with respect to a review under paragraph (1), a court makes a finding described in subparagraph (A) or (B) of that paragraph, the court shall remand the case to the Secretary and the Secretary shall provide the applicable officer or former officer consideration by a new special selection board convened under this section.


(h) Designation of Boards.—The Secretary may designate a selection board convened under section 2106 as a special selection board convened under this section. A selection board so designated may function in the capacity of a selection board convened under section 2106 and a special selection board convened under this section.

(Added Pub. L. 112–213, title II, §208(a), Dec. 20, 2012, 126 Stat. 1546, §263; renumbered §2120 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 263 of this title as this section.

Subsec. (a)(1)(A). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

Subsec. (b)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.

Subsec. (c)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2107" for "section 252" and "section 2109" for "section 254".

Subsec. (c)(3). Pub. L. 115–282, §123(b)(2), substituted "sections 2117 and 2118" for "sections 260 and 261".

Subsec. (f). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in introductory provisions.

Subsec. (h). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251" in two places.

Effective Date

Section effective Dec. 20, 2012, with provision for convening a special selection board for certain errors occurring on or after the date that is 1 year before Dec. 20, 2012, see section 208(e)(1) of Pub. L. 112–213, set out as an Effective Date of 2012 Amendment note under section 2118 of this title.

§2121. Promotions; appointments

(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 2103 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 181, §271; amended Pub. L. 91–278, §1(8), June 12, 1970, 84 Stat. 305; Pub. L. 97–417, §2(5), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, §203(2), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 103–337, div. A, title XVI, §1677(b)(2), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 107–295, title III, §313(3), Nov. 25, 2002, 116 Stat. 2103; renumbered §2121 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 271 of this title as this section.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2103" for "section 42".

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, §2(5)(A), inserted a comma after "ensign may".

Subsecs. (d) to (f). Pub. L. 97–417, §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.

Rule of Construction

Pub. L. 112–213, title II, §208(e)(2), Dec. 20, 2012, 126 Stat. 1549, provided that: "Sections 271, 272, and 273 [now 2121, 2122, and 2123] of title 14, United States Code, apply to the activities of—

"(A) a selection board convened under section 251 [now 2106] of such title; and

"(B) a special selection board convened under section 263 [now 2120] of such title."

Permanent Grades and Titles for Officers Holding Certain Grades on January 3, 1983

Pub. L. 97–417, §4, Jan. 4, 1983, 96 Stat. 2087, 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 2101 of this title.

§2122. Removal of officer from list of selectees for promotion

(a) The President may remove the name of any officer from a list of selectees established under section 2121 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 2121 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 182, §272; renumbered §2122 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 272 of this title as this section.

Subsecs. (a), (b). Pub. L. 115–282, §123(b)(2), substituted "section 2121" for "section 271".

§2123. Promotions; acceptance; oath of office

(a) An officer who receives an appointment under section 2121 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 182, §273; amended Pub. L. 94–546, §1(20), Oct. 18, 1976, 90 Stat. 2520; renumbered §2123 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 273 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2121" for "section 271".

1976—Subsec. (b). Pub. L. 94–546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5.

§2124. Promotions; pay and allowances

An officer who is promoted under section 2121 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 182, §274; renumbered §2124 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2121" for "section 271".

Pub. L. 115–282, §112(b), renumbered section 274 of this title as this section.

§2125. Wartime temporary service promotions

(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, §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. Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone. 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 2121 of this title.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 182, §275; amended Pub. L. 92–129, title VI, §605, Sept. 28, 1971, 85 Stat. 362; Pub. L. 97–417, §2(6), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 109–241, title II, §217(b), July 11, 2006, 120 Stat. 526; renumbered §2125 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 275 of this title as this section.

Subsec. (i). Pub. L. 115–282, §123(b)(2), substituted "section 2121" for "section 271".

2006—Subsec. (f). Pub. L. 109–241 substituted "Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate. Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone." for "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."

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.

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, 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.

§2126. Promotion of officers not included on active duty promotion list

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 183, §276; renumbered §2126, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 276 of this title as this section.

§2127. Recall to active duty during war or national emergency

In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §331; renumbered §2127, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 331 of this title as this section.

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, 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.

§2128. Recall to active duty with consent of officer

(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §332; amended Pub. L. 89–444, §1(18), June 9, 1966, 80 Stat. 196; Pub. L. 91–278, §1(9), June 12, 1970, 84 Stat. 305; Pub. L. 102–241, §14, Dec. 19, 1991, 105 Stat. 2213; renumbered §2128, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 332 of this title as this section.

1991—Subsec. (a). Pub. L. 102–241, §14(b), substituted "that officer's" for "his" and "that officer" for "he".

Subsec. (b). Pub. L. 102–241, §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.

§2129. Aviation cadets; appointment as Reserve officers

(a) An aviation cadet designated under section 2317 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.

(Added Pub. L. 89–444, §1(20), June 9, 1966, 80 Stat. 197, §373; amended Pub. L. 94–546, §1(28), Oct. 18, 1976, 90 Stat. 2521; renumbered §2129 and amended Pub. L. 115–282, title I, §112(b), title III, §313, Dec. 4, 2018, 132 Stat. 4216, 4249.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 373 of this title as this section.

Subsec. (a). Pub. L. 115–282, §313, inserted "designated under section 2317" after "cadet".

1976—Subsec. (a). Pub. L. 94–546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10.

SUBCHAPTER II—DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE

Prior Provisions

A prior subchapter B of chapter 21 designation and accompanying heading "COMMISSIONED OFFICERS" were repealed by Pub. L. 115–282, title I, §112(c)(1), Dec. 4, 2018, 132 Stat. 4220.

Amendments

2018Pub. L. 115–282, title I, §112(c)(4), Dec. 4, 2018, 132 Stat. 4221, inserted subchapter II designation and heading.

§2141. Revocation of commissions during first five years of commissioned service

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 183, §281; amended Pub. L. 107–295, title IV, §416(a)(1), Nov. 25, 2002, 116 Stat. 2121; renumbered §2141, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 281 of this title as this section.

2002Pub. L. 107–295 substituted "five" for "three" in section catchline and text.

§2142. Regular lieutenants (junior grade); separation for failure of selection for promotion

Each officer of the Regular Coast Guard appointed under section 2101 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 184, §282; amended Pub. L. 94–546, §1(21), Oct. 18, 1976, 90 Stat. 2520; renumbered §2142 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2101" for "section 211" in introductory provisions.

Pub. L. 115–282, §112(b), renumbered section 282 of this title as this section.

1976Pub. 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 2101 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 2101 of this title.

§2143. Regular lieutenants; separation for failure of selection for promotion; continuation

(a) Each officer of the Regular Coast Guard appointed under section 2101 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 2106 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 separation pay computed under section 2146 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 184, §283; amended Pub. L. 93–283, §1(6), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, §1(22), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 97–295, §2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 104–324, title II, §205, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, §416(a)(2), Nov. 25, 2002, 116 Stat. 2121; renumbered §2143 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 283 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2101" for "section 211" in introductory provisions.

Subsec. (b)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

Subsec. (b)(2)(A). Pub. L. 115–282, §123(b)(2), substituted "section 2146" for "section 286".

2002—Subsec. (b)(2)(A). Pub. L. 107–295 substituted "separation" for "severance".

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 2146 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 2101 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 2101 of this title.

§2144. Regular Coast Guard; officers serving under temporary appointments

(a) Each officer of the Regular Coast Guard appointed under section 2104 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 184, §284; amended Pub. L. 94–546, §1(23), Oct. 18, 1976, 90 Stat. 2520; renumbered §2144 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 284 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2104" for "section 214" in introductory provisions.

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 2101 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 2101 of this title.

§2145. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion

(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 2106 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185, §285; 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; Pub. L. 107–295, title IV, §412, Nov. 25, 2002, 116 Stat. 2118; renumbered §2145 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 285 of this title as this section.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2106" for "section 251".

2002Pub. L. 107–295 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

1976Pub. L. 94–546 substituted "promotion year" for "fiscal year" in cl. (1).

1974Pub. L. 93–283 substituted "if he has completed at least 20 years of active service or is eligible" for "if eligible" 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 2101 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 2101 of this title.

§2146. Discharge in lieu of retirement; separation pay

(a) Each officer who is retained on active duty under section 2143(a)(4), 2143(b), or 2145 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 2142, 2143, or 2144 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 2164 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 this chapter 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185, §286; amended Pub. L. 107–295, title IV, §416(a)(3), Nov. 25, 2002, 116 Stat. 2121; renumbered §2146 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), (c)(2)(A), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 286 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2143(a)(4), 2143(b), or 2145" for "section 283(a)(4), 283(b), or 285".

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2142, 2143, or 2144" for "section 282, 283, or 284".

Subsec. (c). Pub. L. 115–282, §123(b)(2), substituted "section 2164" for "section 327".

Subsec. (d). Pub. L. 115–282, §123(c)(2)(A), substituted "this chapter" for "chapter 11 of this title".

2002Pub. 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, §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 [now 2146] 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 [former] chapter 11 of title 14, United States Code, by paragraphs (2), (3), and (4) of subsection (b) of this section shall take effect 4 years after the date of enactment of this Act."

§2147. Regular warrant officers: separation pay

(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.

(d) The acceptance of separation 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 separation pay under this section, until the total deductions equal the amount of such separation pay.

(Added Pub. L. 96–513, title V, §505(a)(1), Dec. 12, 1980, 94 Stat. 2918, §286a; amended Pub. L. 102–190, div. A, title XI, §1125(b)(1), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103–337, div. A, title V, §541(f)(2), Oct. 5, 1994, 108 Stat. 2766; Pub. L. 105–383, title II, §201(a), (b), Nov. 13, 1998, 112 Stat. 3414; Pub. L. 107–295, title IV, §416(a)(4), Nov. 25, 2002, 116 Stat. 2121; Pub. L. 112–213, title II, §217(4), Dec. 20, 2012, 126 Stat. 1557; renumbered §2147, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 286a of this title as this section.

2012—Subsec. (d). Pub. L. 112–213 substituted "separation pay" for "severance pay" wherever appearing.

2002Pub. L. 107–295 substituted "separation" for "severance" in section catchline, added subsecs. (a) to (c), and struck out former subsecs. (a) to (c) which related to, in subsec. (a), severance pay of a regular warrant officer of the Coast Guard who is separated under section 580(a)(4)(A) of title 10, in subsec. (b), severance pay of a regular warrant officer of the Coast Guard who is separated under section 1166 of title 10, and, in subsec. (c), the calculation of part of the year of service for the purposes of this section.

1998—Subsec. (b). Pub. L. 105–383, §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, §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 2146 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.

§2148. Separation for failure of selection for promotion or continuation; time of

If, under section 2142, 2143, 2144, 2145, 2150, or 2151 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185, §287; amended Pub. L. 92–451, §1(6), Oct. 2, 1972, 86 Stat. 755; renumbered §2148 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2142, 2143, 2144, 2145, 2150, or 2151" for "section 282, 283, 284, 285, 289, or 290".

Pub. L. 115–282, §112(b), renumbered section 287 of this title as this section.

1972Pub. 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 2151 of this title.

§2149. Regular captains; retirement

(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, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone or placed at the top of the list of selectees, as applicable.

(b) Retired pay computed under section 2504(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 185, §288; amended Pub. L. 93–283, §1(8), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, §1(25), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96–342, title VIII, §813(f)(1), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–417, §2(7), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–348, title II, §205(b)(4), July 1, 1986, 100 Stat. 700; Pub. L. 99–661, div. A, title XIII, §1343(c), Nov. 14, 1986, 100 Stat. 3995; renumbered §2149 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), title III, §309, Dec. 4, 2018, 132 Stat. 4216, 4240, 4248.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 288 of this title as this section.

Subsec. (a). Pub. L. 115–282, §309, substituted "zone, or from being placed at the top of the list of selectees promulgated by the Secretary under section 2121(a) of this title, is" for "zone is" and inserted "or placed at the top of the list of selectees, as applicable" before period at end.

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2504(a)" for "section 423(a)".

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 2104 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 2101 of this title.

§2150. Captains; continuation on active duty; involuntary retirement

(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 2149 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 2108, 2109, 2115, and 2117 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 2149 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 2149 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 186, §289; amended Pub. L. 94–546, §1(26), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–417, §2(8), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, §203(3), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 104–324, title II, §203, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, §414, Nov. 25, 2002, 116 Stat. 2120; renumbered §2150 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 289 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2149" for "section 288".

Subsec. (d). Pub. L. 115–282, §123(b)(2), substituted "sections 2108, 2109, 2115, and 2117" for "sections 253, 254, 258, and 260".

Subsec. (h). Pub. L. 115–282, §123(b)(2), substituted "section 2149" for "section 288" in two places.

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

Pub. L. 88–130, §6, Sept. 24, 1963, 77 Stat. 193, provided that: "Section 289 [now 2150] 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 2101 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

Pub. L. 88–130, §2(c), Sept. 24, 1963, 77 Stat. 191, 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 [former] 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 2101 of this title.

§2151. Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

(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 or above 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 at the grade of rear admiral. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or 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 2108, 2109, 2115, and 2117 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 187, §290; amended Pub. L. 92–451, §1(7), Oct. 2, 1972, 86 Stat. 756; Pub. L. 94–546, §1(27), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–136, §6(b), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97–417, §2(9)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, §25(a)(2), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, §514(c)(1), (2)(A), Nov. 8, 1985, 99 Stat. 629; Pub. L. 102–241, §5, Dec. 19, 1991, 105 Stat. 2210; Pub. L. 103–206, title II, §205(d), Dec. 20, 1993, 107 Stat. 2422; Pub. L. 111–281, title V, §511(e), Oct. 15, 2010, 124 Stat. 2952; Pub. L. 112–213, title II, §217(5), Dec. 20, 2012, 126 Stat. 1557; Pub. L. 114–328, div. C, title XXXV, §3522, Dec. 23, 2016, 130 Stat. 2793; Pub. L. 115–232, div. C, title XXXV, §3537, Aug. 13, 2018, 132 Stat. 2322; renumbered §2151 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 290 of this title as this section.

Subsec. (a). Pub. L. 115–232 substituted "Officers serving" for "Officers, other than the Commandant, serving".

Subsec. (c). Pub. L. 115–282, §123(b)(2), substituted "sections 2108, 2109, 2115, and 2117" for "sections 253, 254, 258, and 260".

2016—Subsec. (a). Pub. L. 114–328 substituted "5 officers (other than the Commandant) serving in the grade of admiral or vice admiral" for "five officers serving in the grade of vice admiral".

2012—Subsec. (a). Pub. L. 112–213 substituted "in or above the grade of vice admiral" for "in the grade of vice admiral" in second sentence.

2010—Subsec. (a). Pub. L. 111–281 substituted "Officers, other than the Commandant, 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 at the grade of rear admiral." for "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."

1993—Subsec. (a). Pub. L. 103–206, §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, §205(d)(2), (3), struck out "Chief of Staff or" before "Superintendent" in pars. (1) and (2).

1991—Subsec. (a). Pub. L. 102–241, §5(b)(1), substituted "that officer" for "he".

Subsec. (d). Pub. L. 102–241, §5(b)(2), struck out "his" before "final review" and "approval".

Subsec. (e). Pub. L. 102–241, §5(a)(1), substituted "July 1 of the promotion year immediately following" for "June 30 of".

Subsecs. (f), (g). Pub. L. 102–241, §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."

1985Pub. L. 99–145, §514(c)(2)(A), substituted "rear admirals (lower half)" for "commodores" in section catchline.

Subsec. (a). Pub. L. 99–145, §514(c)(1), substituted "rear admiral (lower half)" for "commodore" in three places.

1984—Subsec. (a). Pub. L. 98–557 substituted "Boards" for "Board".

1983Pub. L. 97–417, §2(9)(A)(i), inserted "and commodores" after "Rear admirals" in section catchline.

Subsec. (a). Pub. L. 97–417, §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.

1972Pub. 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

Pub. L. 92–451, §3, Oct. 2, 1972, 86 Stat. 757, 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 [now 2151] 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 [now 2151] 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 2101 of this title.

§2152. Voluntary retirement after twenty years' service

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 187, §291; amended Pub. L. 99–348, title II, §205(b)(5), July 1, 1986, 100 Stat. 700; renumbered §2152, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 291 of this title as this section.

1986Pub. 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 2101 of this title.

§2153. Voluntary retirement after thirty years' service

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.1

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 187, §292; amended Pub. L. 99–348, title II, §205(b)(5), July 1, 1986, 100 Stat. 700; renumbered §2153, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 292 of this title as this section.

1986Pub. 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 2101 of this title.

1 See 1986 Amendment note below.

§2154. Compulsory retirement

(a) Regular Commissioned Officers.—Any regular commissioned officer, except a commissioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age.

(b) Flag-Officer Grades.—(1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age.

(2) The retirement of an officer under paragraph (1) may be deferred—

(A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or

(B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.

(Added Pub. L. 111–281, title II, §215(a), Oct. 15, 2010, 124 Stat. 2916, §293; renumbered §2154, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 293 of this title as this section.

§2155. Retirement for physical disability after selection for promotion; grade in which retired

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 187, §294; renumbered §2155, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 294 of this title as this 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 2101 of this title.

§2156. Deferment of retirement or separation for medical reasons

(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.

(Added Pub. L. 98–557, §17(b)(2)(A), Oct. 30, 1984, 98 Stat. 2867, §295; renumbered §2156, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 295 of this title as this section.

§2157. Flag officers

During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard.

(Added Pub. L. 113–281, title II, §212(a), Dec. 18, 2014, 128 Stat. 3029, §296; renumbered §2157, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 296 of this title as this section.

§2158. Review of records of officers

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 187, §321; renumbered §2158, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 321 of this title as this section.

§2159. Boards of inquiry

(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 2158 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 2158 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 188, §322; amended Pub. L. 97–295, §2(10), Oct. 12, 1982, 96 Stat. 1302; renumbered §2159 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 322 of this title as this section.

Subsecs. (a), (d). Pub. L. 115–282, §123(b)(2), substituted "section 2158" for "section 321".

1982—Subsec. (d). Pub. L. 97–295 inserted "of this title" after "section 321".

§2160. Boards of review

(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 2158 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 188, §323; amended Pub. L. 97–295, §2(10), Oct. 12, 1982, 96 Stat. 1302; renumbered §2160 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 323 of this title as this section.

Subsec. (c). Pub. L. 115–282, §123(b)(2), substituted "section 2158" for "section 321".

1982—Subsec. (c). Pub. L. 97–295 inserted "of this title" after "section 321".

§2161. Composition of boards

(a) A board convened under section 2158, 2159, or 2160 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 2158, 2159, or 2160 of this title to consider the same officer.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 188, §324; renumbered §2161 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2158, 2159, or 2160" for "section 321, 322, or 323" in subsecs. (a) and (b).

Pub. L. 115–282, §112(b), renumbered section 324 of this title as this section.

§2162. Rights and procedures

Each officer under consideration for removal under section 2159 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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 188, §325; renumbered §2162 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2159" for "section 322" in introductory provisions.

Pub. L. 115–282, §112(b), renumbered section 325 of this title as this section.

§2163. Removal of officer from active duty; action by Secretary

The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 2160 of this title. The Secretary's action in such as case is final and conclusive.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §326; renumbered §2163 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §123(b)(2), substituted "section 2160" for "section 323".

Pub. L. 115–282, §112(b), renumbered section 326 of this title as this section.

§2164. Officers considered for removal; retirement or discharge; separation benefits

(a) At any time during proceedings under section 2159 or 2160 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 discharge with separation benefits under section 2146(c) of this title.


(b) Each officer removed from active duty under section 2163 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 with separation benefits under section 2146(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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §327; amended Pub. L. 97–295, §2(10), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 99–348, title II, §205(b)(6), July 1, 1986, 100 Stat. 700; Pub. L. 105–383, title II, §201(c), Nov. 13, 1998, 112 Stat. 3414; Pub. L. 107–295, title IV, §416(a)(5), Nov. 25, 2002, 116 Stat. 2122; renumbered §2164 and amended Pub. L. 115–282, title I, §§112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Amendments

2018Pub. L. 115–282, §112(b), renumbered section 327 of this title as this section.

Subsec. (a). Pub. L. 115–282, §123(b)(2), substituted "section 2159 or 2160" for "section 322 or 323" in introductory provisions.

Subsec. (a)(2). Pub. L. 115–282, §123(b)(2), substituted "section 2146(c)" for "section 286(c)".

Subsec. (b). Pub. L. 115–282, §123(b)(2), substituted "section 2163" for "section 326" in introductory provisions.

Subsec. (b)(2). Pub. L. 115–282, §123(b)(2), substituted "section 2146(c)" for "section 286(c)".

2002Pub. L. 107–295, §416(a)(5)(A), substituted "separation" for "severance" in section catchline.

Subsec. (a)(2). Pub. L. 107–295, §416(a)(5)(B), added par. (2) and struck out former par. (2) which read as follows: "for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or".

Subsec. (a)(3). Pub. L. 107–295, §416(a)(5)(C), struck out par. (3) which read as follows: "for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321 of this title."

Subsec. (b)(2). Pub. L. 107–295, §416(a)(5)(D), added par. (2) and struck out former par. (2) which read as follows: "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".

Subsec. (b)(3). Pub. L. 107–295, §416(a)(5)(E), struck out par. (3) which read as follows: "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."

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".

1982Pub. 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 2146 of this title.

§2165. Relief of retired officer promoted while on active duty

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.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §333; renumbered §2165, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 333 of this title as this section.

SUBCHAPTER III—GENERAL PROVISIONS

Amendments

2018Pub. L. 115–282, title I, §112(c)(5), Dec. 4, 2018, 132 Stat. 4221, inserted subchapter III designation and heading.

§2181. Physical fitness of officers

The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 190, §335; renumbered §2181, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

Amendments

2018Pub. L. 115–282 renumbered section 335 of this title as this section.

§2182. Multirater assessment of certain personnel

(a) Multirater Assessment of Certain Personnel.—

(1) In general.—Commencing not later than one year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Commandant shall develop and implement a plan to conduct every two years a multirater assessment for each of the following:

(A) Each flag officer of the Coast Guard.

(B) Each member of the Senior Executive Service of the Coast Guard.

(C) Each officer of the Coast Guard nominated for promotion to the grade of flag officer.


(2) Post-assessment elements.—Following an assessment of an individual pursuant to paragraph (1), the individual shall be provided appropriate post-assessment counseling and leadership coaching.


(b) Multirater Assessment Defined.—In this section, the term "multirater assessment" means a review that seeks opinion from members senior to the reviewee and the peers and subordinates of the reviewee.

(Added Pub. L. 114–120, title II, §214(a)(1), Feb. 8, 2016, 130 Stat. 43, §429; amended Pub. L. 114–328, div. C, title XXXV, §3503(a), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, §3531(c)(12), Aug. 13, 2018, 132 Stat. 2320; renumbered §2182, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

References in Text

The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 114–120, which was approved Feb. 8, 2016.

Amendments

2018Pub. L. 115–282 renumbered section 429 of this title as this section.

Subsec. (a)(1). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard" in introductory provisions.

2016—Subsec. (a)(1). Pub. L. 114–328 substituted "Coast Guard Authorization Act of 2016" for "Coast Guard Authorization Act of 2015".

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 315 of this title.