SUBCHAPTER I—GENERAL PROVISIONS
Editorial Notes
Amendments
2018—Pub. L. 115–282, title I, §114(c)(1), Dec. 4, 2018, 132 Stat. 4224, inserted subchapter I designation and heading.
Statutory Notes and Related Subsidiaries
Physical Disability Evaluation System Procedure Review
Pub. L. 117–263, div. K, title CXII, §11243, Dec. 23, 2022, 136 Stat. 4040, provided that:
"(a) Study.—
"(1) In general.—Not later than 3 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures.
"(2) Elements.—In completing the study required under paragraph (1), the Comptroller General shall review, and provide recommendations to address, the following:
"(A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board.
"(B) Coast Guard compliance with timelines set forth in—
"(i) the instruction of the Commandant [of the Coast Guard] entitled 'Physical Disability Evaluation System' issued on May 19, 2006 (COMDTNST M1850.2D); and
"(ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20).
"(C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System.
"(D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform the functions of such counsel in a manner that is impartial, including being able to perform such functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the Coast Guard Office of the Judge Advocate General.
"(E) The frequency, including the frequency aggregated by member pay grade, with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General.
"(F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard.
"(G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members.
"(H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members.
"(I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated.
"(b) Report.—The Comptroller General 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 study conducted under subsection (a) and recommendations for improving the Physical Disability Evaluation System process.
"(c) Updated Policy Guidance.—
"(1) In general.—Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report.
"(2) Elements.—The updated policy guidance required under paragraph (1) shall include the following:
"(A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member's command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member.
"(B) An exception to the requirement described in subparagraph (A) that such a member, or the counsel of the member, is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health or safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual.
"(C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy.
"(D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States."
Policy on Requests for Permanent Changes of Station or Unit Transfers by Persons Who Report Being the Victim of Sexual Assault
Pub. L. 117–263, div. K, title CXII, §11273, Dec. 23, 2022, 136 Stat. 4068, provided that:
"(a) Interim Update.—Not later than 30 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard], in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault, or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice), to request an immediate change of station or an immediate unit transfer.
"(b) Final Policy.—The Commandant shall issue a final policy based on the interim updates issued under the preceding sentence not later than 1 year after the date of enactment of this Act."
Sex Offenses and Personnel Records
Pub. L. 117–263, div. K, title CXII, §11274, Dec. 23, 2022, 136 Stat. 4068, provided that:
"Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 note) with respect to members of the Coast Guard."
Improvements to Physical Disability Evaluation System and Transition Program
Pub. L. 117–263, div. K, title CXIV, §11411, Dec. 23, 2022, 136 Stat. 4117, provided that:
"(a) Temporary Policy.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall develop a temporary policy that—
"(1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process;
"(2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and
"(3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process.
"(b) Elements.—The policy required under subsection (a) shall include the following:
"(1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning.
"(2) In the case of a Medical Evaluation Board report that is not completed not later than 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status.
"(3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated.
"(4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member's physical disability evaluation.
"(5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member.
"(6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty.
"(7) To provide certainty to such a member with respect to a separation date, a policy that ensures—
"(A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including—
"(i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and
"(ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and
"(B) the availability of administrative solutions to any such delay.
"(8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member's current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member's career trajectory.
"(9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board.
"(10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member.
"(11) A requirement that—
"(A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and
"(B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member.
"(c) Report on Temporary Policy.—Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], the Commandant 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 copy of the policy developed under subsection (a).
"(d) Permanent Policy.—Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard.
"(e) Briefing.—Not later than 1 year after the date of enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy.
"(f) Annual Report on Costs.—
"(1) In general.—Not less frequently than annually, the Commandant 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 that, for the preceding fiscal year—
"(A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and
"(B) includes for each such member—
"(i) an accounting of such costs; and
"(ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process.
"(2) Personally identifiable information.—A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard."
§2501. Grade on retirement
(a) Commissioned Officers.—
(1) In general.—A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer's performance of duty was satisfactory.
(2) Conditional determination.—When a commissioned officer is under investigation for alleged misconduct at the time of retirement—
(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and
(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).
(b) Warrant Officers.—Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer's performance of duty was satisfactory.
(c) Retirement in Lower Grade.—
(1) Misconduct in lower grade.—In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade.
(2) Adverse findings.—A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings.
(3) Recalculation of retired pay.—If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.
(d) Finality of Retired Grade Determinations.—
(1) In general.—Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened.
(2) Reopening determinations.—A determination of the retired grade of a commissioned officer may be reopened if—
(A) the retirement or retired grade of the commissioned officer was procured by fraud;
(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by competent authority at the time of retirement;
(C) a mistake of law or calculation was made in the determination of the retired grade;
(D) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or
(E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination.
(3) Requirements.—If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary—
(A) shall notify the commissioned officer of the reopening; and
(B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening.
(4) Recalculation of retired pay.—If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer's retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.
(e) Inapplicability to Commissioned Warrant Officers.—This section, including subsection (b), shall not apply to commissioned warrant officers.
(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 190, §334; amended Pub. L. 89–444, §1(19), June 9, 1966, 80 Stat. 196; Pub. L. 99–348, title II, §205(b)(7), July 1, 1986, 100 Stat. 700; Pub. L. 102–190, div. A, title XI, §1125(b)(2), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103–337, div. A, title V, §541(f)(3), Oct. 5, 1994, 108 Stat. 2766; renumbered §2501, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8201(c), Jan. 1, 2021, 134 Stat. 4641.)
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 116–283, §8201(c)(1), designated existing provisions as par. (1), inserted subsec. heading and par. (1) heading, substituted "A commissioned officer" for "Any commissioned officer, other than a commissioned warrant officer,", "the commissioned officer" for "him", and "the commissioned officer's" for "his", and added par. (2).
Subsec. (b). Pub. L. 116–283, §8201(c)(2), inserted heading and substituted "the warrant officer" for "him" and "the warrant officer's" for "his".
Subsecs. (c) to (e). Pub. L. 116–283, §8201(c)(3), added subsecs. (c) to (e).
2018—Pub. L. 115–282 renumbered section 334 of this title as this section.
1994—Subsec. (b). Pub. L. 103–337 substituted "section 580," for "section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or".
1991—Subsec. (b). Pub. L. 102–190 substituted "section 564 of title 10 (as in effect on the day before the effective date of the Warrant Officer Management Act) or 1263, 1293, or 1305 of title 10" for "section 564, 1263, 1293, or 1305 of title 10".
1986—Subsec. (a). Pub. L. 99–348, §205(b)(7)(A), struck out ", with retired pay of the grade with which retired" after "satisfactory".
Subsec. (b). Pub. L. 99–348, §205(b)(7), struck out ", with retired pay of the grade with which retired" after "satisfactory" and struck out provision that when the rate of pay of such highest grade is less than the pay of the warrant grade with which the officer would otherwise be retired under section 1371 of title 10, the retired pay was to be based on the higher rate of pay.
1966—Pub. L. 89–444 substituted "Grade on retirement" for "Retirement in cases where higher grade has been held" in section catchline.
Statutory Notes and Related Subsidiaries
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.
§2502. Retirement
(a) Every commissioned officer, warrant officer, or enlisted member who is retired under any provisions of this title shall be retired with the permanent grade or rate held at the time of retirement, unless entitled to retire with a higher grade or rate under any provision of this title or any other law.
(b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral (lower half), and the next higher grade in the case of commissioned warrant officer shall be lieutenant (junior grade).
(Aug. 4, 1949, ch. 393, 63 Stat. 524, §421; Pub. L. 97–417, §2(10), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–145, title V, §514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2502, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Historical and Revision Notes
Subsection (a) is new in this form, but the provision contained therein is expressed or implied in numerous statutes relating to the retirement of military personnel.
A provision defining the next higher grade to that of commissioned warrant officer as lieutenant (junior grade), for purposes of retirement, was added.
The other provisions of said section are obsolete and are no longer needed.
Subsection (a) is new, but the provision contained in it is expressed or implied in numerous statutes relating to retirement of military personnel. It is believed desirable to include such a provision to prevent any misconstruction of retirement statutes, even though no change in existing law is intended on the point covered, either by other sections dealing with retirement or by this section.
Subsection (b) is a codification of the only provision of title 14, U.S.C., 1946 ed., §174, that it is desired to retain, and in addition designated the next higher grade for commissioned warrant officers as lieutenant (junior grade) because the pay of the commissioned warrant officers is the same as for the grade of lieutenant (junior grade) and advancing such officers to the grade of ensign would in some aspects not appear to be a promotion. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 421 of this title as this section.
1986—Subsec. (a). Pub. L. 99–348 substituted "rate" for "rating" in two places.
1985—Subsec. (b). Pub. L. 99–145 substituted "rear admiral (lower half)" for "commodore".
1984—Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1983—Subsec. (b). Pub. L. 97–417 substituted "commodore" for "rear admiral".
Statutory Notes and Related Subsidiaries
Report on Resignation and Retirement Processing Times and Denial
Pub. L. 117–263, div. K, title CXII, §11241, Dec. 23, 2022, 136 Stat. 4039, provided that:
"(a) In General.—Not later than 30 days after the date of enactment of this Act [Dec. 23, 2022], and annually thereafter, 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 that evaluates resignation and retirement processing timelines.
"(b) Elements.—The report required under subsection (a) shall include, for the preceding calendar year—
"(1) statistics on the number of resignations, retirements, and other separations that occurred;
"(2) the processing time for each action described in paragraph (1);
"(3) the percentage of requests for such actions that had a command endorsement;
"(4) the percentage of requests for such actions that did not have a command endorsement; and
"(5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action."
§2503. Status of recalled personnel
All retired personnel when recalled to active duty shall serve in the grade or rate in which they were serving at the time of retirement.
(Aug. 4, 1949, ch. 393, 63 Stat. 524, §422; Pub. L. 99–348, title II, §205(b)(10), July 1, 1986, 100 Stat. 700; renumbered §2503, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Historical and Revision Notes
This provision is desirable because many enlisted men and low-ranking officers may now retire with higher grade which they previously held on a temporary basis. If recalled in the higher grades, they might not be capable of holding same at the time of recall. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 422 of this title as this section.
1986—Pub. L. 99–348 substituted "rate" for "rating".
§2504. Computation of retired pay
(a)(1) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) before September 8, 1980, is determined by multiplying—
(A) the sum of—
(i) the basic pay of the member's retired grade or rate, and
(ii) all permanent additions thereto including longevity credit to which the member was entitled at the time of retirement; by
(B) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.
(2) In the case of an officer who served as Commandant, retired pay under paragraph (1) shall be computed at the highest rate of basic pay applicable to the officer while so serving.
(3) In the case of an enlisted member who served as the master chief petty officer of the Coast Guard, retired pay under paragraph (1) shall be computed at the highest rate of basic pay to which the member was entitled while so serving, if that basic pay is greater than the basic pay of the grade or rate to which the member is otherwise entitled at the time of retirement.
(4) In the case of an officer whose retired pay is computed on the pay of a grade for which basic pay is not based upon years of service, retired pay under paragraph (1) shall be computed on the basis of the number of years of service for which the officer would be entitled to credit in the computation of pay on the active list had the officer been serving in the grade of captain at the time of retirement.
(b) The retired pay of a member who first became a member of a uniformed service (as defined in section 101 of title 10) on or after September 8, 1980, is determined by multiplying—
(1) the retired pay base determined under section 1407 of title 10; by
(2) the retired pay multiplier determined under section 1409 of title 10 for the number of years of service that may be credited to the member under section 1405 of such title.
(c)(1) In computing for the purpose of subsection (a) or (b) the number of years of service that may be credited to a member under section 1405 of title 10—
(A) each full month of service that is in addition to the number of full years of service creditable to the member shall be counted as 1/12 of a year; and
(B) any remaining fractional part of a month shall be disregarded.
(2) Retired pay computed under this section, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(d) In addition to amounts computed pursuant to subsections (a) through (c) of this section, a full TSP member (as defined in section 8440e(a) of title 5) of the Coast Guard is entitled to continuation pay pursuant to section 356 of title 37.
(Aug. 4, 1949, ch. 393, 63 Stat. 525, §423; Aug. 3, 1950, ch. 536, §23, 64 Stat. 407; Pub. L. 85–422, §11(b), May 20, 1958, 72 Stat. 132; Pub. L. 88–132, §5(i), Oct. 2, 1963, 77 Stat. 214; Pub. L. 92–455, §2, Oct. 2, 1972, 86 Stat. 761; Pub. L. 96–342, title VIII, §813(f)(2), Sept. 8, 1980, 94 Stat. 1109; Pub. L. 97–295, §2(12), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–94, title IX, §§922(b), 923(d), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(a), July 1, 1986, 100 Stat. 699; Pub. L. 115–141, div. F, title II, §225, Mar. 23, 2018, 132 Stat. 616; Pub. L. 115–232, div. C, title XXXV, §3531(c)(13), Aug. 13, 2018, 132 Stat. 2320; renumbered §2504, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §§162a, 167, 175c, 185d (Apr. 12, 1902, ch. 501, §9, 32 Stat. 101; Jan. 12, 1938, ch. 3, §3, 52 Stat. 5; May 24, 1939, ch. 146, §5, 53 Stat. 756; Feb. 21, 1946, ch. 34, §10, 60 Stat. 29).
Section was enlarged to include computation of retired pay in all situations. It is in accord with the provisions of Navy statutes. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 423 of this title as this section.
Subsec. (a)(2). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard".
Subsec. (d). Pub. L. 115–141 added subsec. (d).
1986—Pub. L. 99–348 amended section generally. Prior to amendment, section provided that retired pay of a grade or rating would be computed at the rate of 2½ percent of the sum of the basic pay of that grade or rating and all permanent additions thereto including longevity credit, multiplied by the number of years of service credited, with certain exceptions, and that retired pay of an officer or member of the Coast Guard who first became a member of a uniformed service, as defined in section 1407(a)(2) of title 10, after Sept. 7, 1980, would be computed at the rate of 2½ percent of the monthly retired pay base computed under section 1407(f) of title 10, multiplied by the number of years of service credited, but that retired pay was not to be more than 75 percent of such monthly retired pay base.
1984—Subsec. (a). Pub. L. 98–557 substituted reference to enlisted member concerned for reference to enlisted man concerned.
1983—Subsec. (a). Pub. L. 98–94, §923(d), substituted "In computing the number of years of service by which the rate of 2½ percent is multiplied, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded" for "A fractional year of six months or more shall be considered a full year in computing the number of years of service by which the rate of 2½ percent is multiplied".
Pub. L. 98–94, §922(b), inserted "Retired pay, if not a multiple of $1, shall be rounded to the next lower multiple of $1."
1982—Subsec. (b). Pub. L. 97–295 substituted "after September 7, 1980" for "on or after the date of the enactment of the Department of Defense Authorization Act, 1981".
1980—Pub. L. 96–342 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b), the" for "The", and added subsec. (b).
1972—Pub. L. 92–455 provided for computation of retired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement.
1963—Pub. L. 88–132 substituted "basic" for "active-duty" wherever appearing.
1958—Pub. L. 85–422 substituted "that may be credited to him under section 1405 of title 10" for "for which he was entitled to credit in the computation of his pay when last on active duty".
1950—Act Aug. 3, 1950, struck out reference to computation of pay of retired personnel retired by reason of physical disability.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 Amendment
Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces.
Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10.
Effective Date of 1963 Amendment
Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–422 effective June 1, 1958, see Pub. L. 85–422, §9, May 20, 1958, 72 Stat. 130.
§2505. Limitations on retirement and retired pay
(a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be entitled under the provisions of any other section of this title or under any other law.
(b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active-duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member's pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as appropriate.
(Aug. 4, 1949, ch. 393, 63 Stat. 525, §424; Pub. L. 98–557, §15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, §205(b)(11), July 1, 1986, 100 Stat. 700; renumbered §2505, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Historical and Revision Notes
The two provisions of this section are considered desirable as safeguards to eliminate any possible misconstruction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 424 of this title as this section.
1986—Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: "The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rating and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provisions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent additions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed."
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.
§2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution
Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member's absence.
(Added Pub. L. 107–295, title IV, §444(a), Nov. 25, 2002, 116 Stat. 2132, §424a; renumbered §2506, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 424a of this title as this section.
§2507. Board for Correction of Military Records deadline
(a) Deadline for Completion of Action.—The Secretary shall complete processing of an application for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application.
(b) Remedies Deemed Exhausted.—Ten months after a complete application for correction of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and—
(1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further review or approval within the department in which the Coast Guard is operating; or
(2) if the Board has not rendered a recommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—
(A) an order under section 706(1) of title 5, directing final action be taken within 30 days from the date the order is entered; and
(B) from amounts appropriated to the department in which the Coast Guard is operating, the costs of obtaining the order, including a reasonable attorney's fee.
(Added Pub. L. 104–324, title II, §209(a), Oct. 19, 1996, 110 Stat. 3914, §425; renumbered §2507, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 425 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–324, §209(d), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note below] shall be effective on and after June 12, 1990."
Special Right of Applications After Deadline for Completion of Board Action
Pub. L. 104–324, §209(c), Oct. 19, 1996, 110 Stat. 3914, provided that: "This section [enacting this section and provisions set out as a note above] applies to any applicant who had an application filed with or pending before the Board or the Secretary of the department in which the Coast Guard is operating on or after June 12, 1990, who files with the Board for Correction of Military Records of the Coast Guard an application for relief under the amendment made by subsection (a) [enacting this section]. If a recommended decision was modified or reversed on review with final agency action occurring after expiration of the 10-month deadline under that amendment, an applicant who so requests shall have the order in the final decision vacated and receive the relief granted in the recommended decision if the Coast Guard has the legal authority to grant such relief. The recommended decision shall otherwise have no effect as precedent."
§2508. Emergency leave retention authority
(a) In General.—A duty assignment for an active duty member of the Coast Guard in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or in response to a spill of national significance shall be treated, for the purpose of section 701(e) of title 10, as a duty assignment in support of a contingency operation.
(b) Definitions.—In this section:
(1) Spill of national significance.—The term "spill of national significance" means a discharge of oil or a hazardous substance that is declared by the Commandant to be a spill of national significance.
(2) Discharge.—The term "discharge" has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).
(Added Pub. L. 111–281, title II, §207(a), Oct. 15, 2010, 124 Stat. 2912, §426; renumbered §2508, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; amended Pub. L. 117–263, div. A, title VI, §631(c)(1), Dec. 23, 2022, 136 Stat. 2631.)
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments
2022—Subsec. (a). Pub. L. 117–263 substituted "section 701(e)" for "section 701(f)(2)".
2018—Pub. L. 115–282 renumbered section 426 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by Pub. L. 117–232 effective Jan. 1, 2023, see section 631(d) of Pub. L. 117–263, set out as a note under section 701 of Title 10, Armed Forces.
Effective Date
Pub. L. 111–281, title II, §207(c), Oct. 15, 2010, 124 Stat. 2912, provided that: "The amendments made by this section [enacting this section] shall be deemed to have been enacted on April 19, 2010."
§2509. Prohibition of certain involuntary administrative separations
(a) In General.—Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.
(b) Reevaluation.—
(1) In general.—The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty.
(2) Retirements and separations.—A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual's office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10.
(c) Covered Individual Defined.—In this section, the term "covered individual" means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.
(Added Pub. L. 112–213, title II, §209(a), Dec. 20, 2012, 126 Stat. 1549, §427; amended Pub. L. 114–120, title II, §209(6), Feb. 8, 2016, 130 Stat. 41; renumbered §2509, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 427 of this title as this section.
2016—Subsec. (b)(2). Pub. L. 114–120 substituted "chapter 61 of title 10" for "this chapter".
§2510. Sea service letters
(a) In General.—The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who—
(1) accumulated sea service on a vessel of the Armed Forces (as such term is defined in section 527(e)); and
(2) requests such letter.
(b) Deadline.—Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1).
(Added Pub. L. 113–281, title III, §305(b)(1), Dec. 18, 2014, 128 Stat. 3044, §428; renumbered §2510 and amended Pub. L. 115–282, title I, §114(b), title III, §318(c), Dec. 4, 2018, 132 Stat. 4223, 4252.)
Editorial Notes
Amendments
2018—Pub. L. 115–282, §114(b), renumbered section 428 of this title as this section.
Subsec. (a)(1). Pub. L. 115–282, §318(c), substituted "Armed Forces" for "armed forces" and "section 527(e)" for "section 101(a) of title 10".
§2511. Investigations of flag officers and Senior Executive Service employees
In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—
(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and
(2) consult with the Inspector General of the Department of Defense.
(Added Pub. L. 114–120, title II, §220(a), Feb. 8, 2016, 130 Stat. 48, §430; renumbered §2511, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 430 of this title as this section.
§2512. Leave policies for the Coast Guard
(a) In General.—Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10, United States Code, with respect to leave associated with the birth or adoption of a child, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers and enlisted members of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy.
(b) Leave Associated With Birth or Adoption of Child.—Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—
(1) to take such leave in increments; and
(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).
(Added Pub. L. 114–120, title II, §222(a), Feb. 8, 2016, 130 Stat. 49, §431; renumbered §2512 and amended Pub. L. 115–282, title I, §114(b), title III, §315(a), Dec. 4, 2018, 132 Stat. 4223, 4250.)
Editorial Notes
Amendments
2018—Pub. L. 115–282, §315(a), designated existing provisions as subsec. (a), inserted heading, substituted "Except as provided in subsection (b), not later than 1 year" for "Not later than 1 year", and added subsec. (b).
Pub. L. 115–282, §114(b), renumbered section 431 of this title as this section.
Statutory Notes and Related Subsidiaries
Flexible Work Schedules
Pub. L. 115–282, title III, §315(b), Dec. 4, 2018, 132 Stat. 4250, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard."
§2513. Computation of length of service
In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law.
(Aug. 4, 1949, ch. 393, 63 Stat. 531, §467; renumbered §2513, Pub. L. 115–282, title I, §114(b), Dec. 4, 2018, 132 Stat. 4223; Pub. L. 116–283, div. A, title IX, §927(b)(2), Jan. 1, 2021, 134 Stat. 3831.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §2 (Jan. 28, 1915, ch. 20, §3, 38 Stat. 801).
The Air Force is added in the enumeration of services.
That part referring to the operation of a station for part of a year is omitted.
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2021—Pub. L. 116–283 inserted "Space Force," after "Air Force,".
2018—Pub. L. 115–282 renumbered section 467 of this title as this section.
§2514. Career flexibility to enhance retention of members
(a) Programs Authorized.—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.
(b) Period of Inactivation From Active Duty; Effect of Inactivation.—
(1) In general.—The period of inactivation from active duty under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years.
(2) Exclusion from years of service.—Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10.
(3) Exclusion from retirement.—Any period of participation of a member in a program under this section shall not count toward—
(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or
(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10.
(c) Agreement.—Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows:
(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active duty under the program.
(2) To undergo during the period of the inactivation of the member from active duty under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active duty.
(3) Following completion of the period of the inactivation of the member from active duty under the program, to serve 2 months as a member of the Coast Guard on active duty for each month of the period of the inactivation of the member from active duty under the program.
(d) Conditions of Release.—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty.
(e) Order to Active Duty.—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active duty.
(f) Pay and Allowances.—
(1) Basic pay.—During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the program.
(2) Special or incentive pay or bonus.—
(A) Prohibition.—A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.
(B) Not treated as failure to perform services.—The inactivation from active duty of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
(3) Return to active duty.—
(A) Special or incentive pay or bonus.—Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a program—
(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).
(B) Limitation.—
(i) In general.—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph—
(I) such pay or bonus is no longer authorized by law; or
(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.
(ii) Pay or bonus ceases being authorized.—Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.
(C) Repayment.—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
(D) Required service is additional.—Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).
(4) Travel and transportation allowance.—
(A) In general.—Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 1 of title 37 for—
(i) travel performed from the residence of the member, at the time of release from active duty to participate in the program, to the location in the United States designated by the member as the member's residence during the period of participation in the program; and
(ii) travel performed to the residence of the member upon return to active duty at the end of the participation of the member in the program.
(B) Single residence.—An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
(5) Leave balance.—A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of title 10, but not to exceed 60 days.
(g) Promotion.—
(1) Officers.—
(A) In general.—An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.
(B) Return to duty.—Upon the return of an officer to active duty after completion by the officer of participation in a program—
(i) the Commandant may adjust the date of rank of the officer in such manner as the Commandant may prescribe in regulations for purposes of this section; and
(ii) the officer shall be eligible for consideration for promotion when officers of the same grade and seniority are eligible for consideration for promotion.
(2) Enlisted members.—An enlisted member participating in a program under this section shall not be eligible for consideration for advancement during the period that—
(A) begins on the date of the inactivation of the member from active duty under the program; and
(B) ends at such time after the return of the member to active duty under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program.
(h) Continued Entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of—
(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10; and
(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8204(a), Jan. 1, 2021, 134 Stat. 4645.)
Editorial Notes
References in Text
Section 474 of title 37, referred to in subsec. (f)(4)(A), was repealed by Pub. L. 117–81, div. A, title VI, §604(a), Dec. 27, 2021, 135 Stat. 1767.
§2515. Calculation of active service
Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.
(Added Pub. L. 117–263, div. K, title CXII, §11242(a), Dec. 23, 2022, 136 Stat. 4040.)
Editorial Notes
References in Text
The date of enactment of the Don Young Coast Guard Authorization Act of 2022, referred to in text, is the date of enactment of div. K of Pub. L. 117–263, which was approved Dec. 23, 2022.
Statutory Notes and Related Subsidiaries
Rule of Construction
Pub. L. 117–263, div. K, title CXII, §11242(c), Dec. 23, 2022, 136 Stat. 4040, provided that: "The amendment made by subsection (a) [enacting this section]—
"(1) shall only apply to officers of the Coast Guard that entered active service after January 1, 1997, temporarily separated for a period of time, and have retired from the Coast Guard before January 1, 2024; and
"(2) shall not apply to any member of any other uniformed service, or to any Coast Guard member regarding active service of the member in any other uniformed service."
§2516. Members asserting post-traumatic stress disorder or traumatic brain injury
(a) Medical Examination Required.—
(1) In general.—The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2-year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.
(2) Restriction on administrative separation.—A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of a court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary.
(3) Post-traumatic stress disorder.—In a case involving post-traumatic stress disorder under this subsection, a medical examination shall be—
(A) performed by—
(i) a board-certified or board-eligible psychiatrist; or
(ii) a licensed doctorate-level psychologist; or
(B) performed under the close supervision of—
(i) a board-certified or board-eligible psychiatrist; or
(ii) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency.
(4) Traumatic brain injury.—In a case involving traumatic brain injury under this subsection, a medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.
(b) Purpose of Medical Examination.—The medical examination required under subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable.
(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.—The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.
(d) Coast Guard Operations Defined.—In this section, the term "Coast Guard operations" has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).
(Added Pub. L. 117–263, div. K, title CXIV, §11410(a), Dec. 23, 2022, 136 Stat. 4116.)