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14 U.S.C. § 258 (COAST GUARD)
§ 258. Selection boards; information to be furnished boards
(a) In General.—
The Secretary shall furnish the appropriate selection board convened under section 251 of this title with—
(1) the number of officers that the board may recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion.
(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 251 of this title.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 180; 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.)
heading: Amendments
text: 2010—Pub. 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”.
1966—Pub. L. 89–444 substituted “officers who are eligible for consideration for promotion to the grade to which the board will recommend officers for promotion” for “officers to be considered by the board” in cl. 2.
14 U.S.C. § 260 (COAST GUARD)
§ 260. Selection boards; reports
(a) Each board convened under section 251 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion and the names of those officers recommended to be advanced to the top of the list of selectees established by the Secretary under section 271(a) of this title.
(b) A board convened under section 251 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 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; 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.)
heading: Amendments
text: 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.
14 U.S.C. § 261 (COAST GUARD)
§ 261. Selection boards; submission of reports
(a) A board convened under section 251 of this title shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review, the Secretary shall submit the report of the board to the President for his approval, modification, or disapproval.
(b) If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.
(c) Upon approval by the President the names of officers selected for promotion by a board convened under section 251 of this title shall be promptly disseminated to the service at large.
(d) Except as required by this section, the proceedings of a selection board, including a special selection board convened under section 263, 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; amended Pub. L. 112–213, title II, § 208(b), Dec. 20, 2012, 126 Stat. 1549.)
heading: Amendments
text: 2012—Subsec. (d). Pub. L. 112–213 substituted “selection board, including a special selection board convened under section 263,” for “selection board”.
heading: Effective Date of 2012 Amendment
text: 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 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.”
14 U.S.C. § 262 (COAST GUARD)
§ 262. 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 256 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 181; amended Pub. L. 112–213, title II, § 208(c), Dec. 20, 2012, 126 Stat. 1549.)
heading: Amendments
text: 2012—Pub. 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.
heading: Effective Date of 2012 Amendment
text: 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 261 of this title.
heading: Placement Out of Line of Promotion Prior to September 24, 1963
text: 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 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.”
14 U.S.C. § 272 (COAST GUARD)
§ 272. 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 271 of this title.
(b) If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 271 of this title, that officer’s name shall be removed from this list.
(c) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182.)
14 U.S.C. § 273 (COAST GUARD)
§ 273. Promotions; acceptance; oath of office
(a) An officer who receives an appointment under section 271 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon his appointment in a higher grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182; amended Pub. L. 94–546, § 1(20), Oct. 18, 1976, 90 Stat. 2520.)
heading: Amendments
text: 1976—Subsec. (b). Pub. L. 94–546 substituted reference to section 3331 of title 5 for reference to section 16 of title 5.
14 U.S.C. § 274 (COAST GUARD)
§ 274. Promotions; pay and allowances
An officer who is promoted under section 271 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 182.)
14 U.S.C. § 276 (COAST GUARD)
§ 276. 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.)
14 U.S.C. § 277 (COAST GUARD)
[§ 277. Repealed. Pub. L. 104–324, title II, § 210(a), Oct. 19, 1996, 110 Stat. 3915]
text: Section, added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 183, provided that warrant officers could be temporarily promoted to higher warrant officer grades under regulations prescribed by Secretary.
heading: Construction of Repeal
text: Pub. L. 104–324, title II, § 210(a), Oct. 19, 1996, 110 Stat. 3915, provided that: “Section 277 of title 14, United States Code, is repealed. The repeal of such section shall not be construed to affect the status of any warrant officer currently serving under a temporary promotion.”
14 U.S.C. § 281 (COAST GUARD)
§ 281. 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; amended Pub. L. 107–295, title IV, § 416(a)(1), Nov. 25, 2002, 116 Stat. 2121.)
heading: Amendments
text: 2002—Pub. L. 107–295 substituted “five” for “three” in section catchline and text.
14 U.S.C. § 282 (COAST GUARD)
§ 282. Regular lieutenants (junior grade); separation for failure of selection for promotion
Each officer of the Regular Coast Guard appointed under section 211 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184; amended Pub. L. 94–546, § 1(21), Oct. 18, 1976, 90 Stat. 2520.)
heading: Amendments
text: 1976—Pub. L. 94–546 substituted “promotion year” for “fiscal year” in cl. (1).
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title.
heading: Effectiveness of Election, Change, or Revocation of Election of Annuity
text: Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title.
14 U.S.C. § 284 (COAST GUARD)
§ 284. Regular Coast Guard; officers serving under temporary appointments
(a) Each officer of the Regular Coast Guard appointed under section 214 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date.
(b) Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184; amended Pub. L. 94–546, § 1(23), Oct. 18, 1976, 90 Stat. 2520.)
heading: Amendments
text: 1976—Subsec. (a)(1). Pub. L. 94–546 substituted “promotion year” for “fiscal year”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title.
heading: Effectiveness of Election, Change, or Revocation of Election of Annuity
text: Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 211 of this title.
14 U.S.C. § 287 (COAST GUARD)
§ 287. Separation for failure of selection for promotion or continuation; time of
If, under section 282, 283, 284, 285, 289, or 290 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185; amended Pub. L. 92–451, § 1(6), Oct. 2, 1972, 86 Stat. 755.)
heading: Amendments
text: 1972—Pub. L. 92–451 inserted reference to section 290.
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–451 effective Oct. 2, 1972, except that continuation boards may not be held until one year thereafter, see section 3 of Pub. L. 92–451, set out as a note under section 290 of this title.
14 U.S.C. § 288 (COAST GUARD)
§ 288. 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 is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.
(b) Retired pay computed under section 423(a) of this title of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185; 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.)
heading: Amendments
text: 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.
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–283 effective Sept. 24, 1963, see section 2 of Pub. L. 93–283, set out as a note under section 214 of this title.
heading: Retirement, Retired Pay, and Election of Annuity as Affected by Pub. L. 88–130
text: Savings provisions in section 5(f)–(h) of Pub. L. 88–130 relating to retirement, retirement pay, and election, change or revocation of election of an annuity, are set out as a note under section 211 of this title.
heading: Interim Authority for Selection of Commanders and Captains for Continuation on Active Duty
text: Pub. L. 88–130, § 3(a), Sept. 24, 1963, 77 Stat. 191, excluded officers subject to retirement under this section during the fiscal year the selection board convened from being continued on active duty.
14 U.S.C. § 291 (COAST GUARD)
§ 291. 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; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700.)
heading: Amendments
text: 1986—Pub. L. 99–348 struck out “, with retired pay of the grade with which retired” after “from active service”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title.
14 U.S.C. § 292 (COAST GUARD)
§ 292. 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; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700.)
heading: Amendments
text: 1986—Pub. L. 99–348 which directed that “, with retired pay of the grade with which retired” be struck out was executed by striking out that phrase after “from active service” as the probable intent of Congress even though there was no comma, before “with retired”.
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130, providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title.
14 U.S.C. § 293 (COAST GUARD)
§ 293. 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.)
heading: Prior Provisions
text: A prior section 293, added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700, mandated retirement of any regular commissioned officer, except a commissioned warrant officer, at age 62, prior to repeal by Pub. L. 111–281, title II, § 215(a), Oct. 15, 2010, 124 Stat. 2916.
14 U.S.C. § 294 (COAST GUARD)
§ 294. 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.)
heading: Retired Pay on or Prior to September 24, 1963
text: Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 211 of this title.