§351 . Enlistments; term, grade

(a) Under regulations prescribed by the Secretary, the Commandant may enlist persons for minority or terms of full years not exceeding six years.

(b) The Secretary shall prescribe the grades or ratings for persons enlisting in the Regular Coast Guard.

(Aug. 4, 1949, ch. 393, 63 Stat. 520 ; Aug. 3, 1950, ch. 536, §16, 64 Stat. 407 ; Aug. 10, 1956, ch. 1041, §§8(a), 53, 70A Stat. 620 , 679; Oct. 30, 1984, Pub. L. 98–557, §15(a)(3)(F), 98 Stat. 2865 .)

Historical and Revision Notes

1949 Act

Based on title 14, U.S.C., 1946 ed., §§35, 35a, 206 (May 26, 1906, ch. 2556, §1, 34 Stat. 200 ; Jan. 28, 1915, ch. 20, §1, 38 Stat. 800 ; Apr. 21, 1924, ch. 130, §6, 43 Stat. 106 ; July 30, 1937, ch. 545, §1, 50 Stat. 547 ; July 11, 1941, ch. 290, §8, 55 Stat. 586 ; Aug. 18, 1941, ch. 364, §3, 55 Stat. 629 ).

Section 35 of title 14, U.S.C., 1946 ed., has been divided. The provisions of the first sentence of subsection (a) are placed in this section. The proviso of subsection (a) is covered in section 367(b) of this title. Subsection (b) is placed in section 365 of this title. Subsections (c) and (d) are placed in section 367(a) of this title, except that part (3) of subsection (c) is covered by section 366 of this title.

Section 206 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with special temporary enlistments is incorporated in this section. That part dealing with temporary appointments of warrant officers is placed in section 302 of this title.

Certain additional details concerning the two types of enlistments are added; these details were previously covered in Coast Guard Regulations.

This section makes provision for the enlistment of personnel in the Coast Guard. The first sentence grants the necessary authority to the Secretary, changes existing law in regard to the term of enlistment from "not to exceed four years" to "not to exceed six years", and adds a provision for the enlistment of minors for their minority only, such provision being in accordance with existing law applicable to the Navy. The next three sentences establish and define the two types of enlistments that are now in effect in the Coast Guard, setting forth the basic difference in the two types. The last sentence continues a provision to the effect that original enlistments in the Coast Guard shall be temporary. This section is a combination of existing law and regulations in regard to enlistments, with changes as noted above. See title 14, U.S.C., 1946 ed., §35, and Coast Guard Regulations, sections 531 and 532. 81st Congress, House Report No. 557.

The words "notwithstanding any other provision of law" and "or reenlisted" are omitted as surplusage. 34 U.S.C. 188 (proviso) is omitted as executed.

Amendments

1984-Subsec. (a). Pub. L. 98–557 substituted reference to persons for reference to men.

1956-Act Aug. 10, 1956, repealed and reenacted section by general amendment thereby designating existing provisions as subsec. (a) and adding subsec. (b), relating to grades or ratings of enlistees.

1950-Act Aug. 3, 1950, struck out references to two types of enlistments that were deemed necessary prior to the enactment of the Career Compensation Act.

Cross References

Deserter, subsequent enlistment, see section 508 of this title.

Detention beyond term of enlistment, see section 367 of this title.

Extension of enlistment, see section 365 of this title.

Fraudulent enlistment as offense, see section 883 of Title 10, Armed Forces.

Inclusion of certain conditions in enlistment contract, see section 369 of this title.

Oath of enlistment, see section 502 of Title 10, Armed Forces.

Person transferred to reserve, see sections 12104, 12208 of Title 10.

Retention beyond term of enlistment in case of disability, see section 366 of this title.

Uniform Code of Military Justice, provisions explained to enlisted personnel, see section 937 of Title 10, Armed Forces.