dreamproit/uscode huggingface dataset:
14 U.S.C. § 295 (COAST GUARD)
§ 295. 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.)
14 U.S.C. § 301, 302 (COAST GUARD)
[§§ 301, 302. Repealed. Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177]
text: Section 301, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to permanent appointment of warrant officers. See section 571 et seq. of Title 10, Armed Forces.
text: Section 302, act Aug. 4, 1949, ch. 393, 63 Stat. 518, related to temporary appointments of warrant officers.
14 U.S.C. § 303 to 305 (COAST GUARD)
[§§ 303 to 305. Repealed. May 29, 1954, ch. 249, § 20(o), 68 Stat. 167]
text: Section 303, act Aug. 4, 1949, ch. 393, 63 Stat. 518, required compulsory retirement of warrant officers reaching age of sixty-two years, with retired pay of grade with which retired.
text: Section 304, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement of warrant officers after thirty years’ service, with retired pay of grade with which retired.
text: Section 305, act Aug. 4, 1949, ch. 393, 63 Stat. 518, provided for voluntary retirement after twenty years’ service, with retired pay of grade with which retired.
heading: Additional Repeal
text: Sections were also repealed by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
14 U.S.C. § 306 (COAST GUARD)
[§ 306. Repealed. Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408]
text: Section, act Aug. 4, 1949, ch. 393, 63 Stat. 519, related to retirement for disabilities incident to service. See sections 1204 and 1376 of Title 10, Armed Forces.
heading: Additional Repeal
text: Section was also repealed by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
14 U.S.C. § 307, 308 (COAST GUARD)
[§§ 307, 308. Repealed. May 29, 1954, ch. 249, § 20(o), 68 Stat. 167]
text: Section 307, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for compulsory retirement of warrant officers after thirty years’ service, upon recommendation of a personnel board.
text: Section 308, act Aug. 4, 1949, ch. 393, 63 Stat. 519, provided for retired pay of warrant officers involuntarily retired under section 307.
heading: Additional Repeal
text: Sections were also repealed by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
14 U.S.C. § 309 (COAST GUARD)
[§ 309. Repealed. Pub. L. 86–155, § 10(a)(1), Aug. 11, 1959, 73 Stat. 338]
text: Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 11, 64 Stat. 407, authorized retirement of warrant officers with grade of commissioned warrant officer in case of special commendation.
heading: Effective Date of Repeal
text: Repeal of section effective November 1, 1959, see section 10(b) of Pub. L. 86–155, set out as a note under section 239 of this title.
heading: Additional Repeal
text: Section was also repealed by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
14 U.S.C. § 310 to 312 (COAST GUARD)
[§§ 310 to 312. Repealed. Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177]
text: Section 310, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 12, 64 Stat. 407, related to recall to active duty during war or national emergency of warrant officers. See section 331 of this title.
text: Section 311, acts Aug. 4, 1949, ch. 393, 63 Stat. 519; Aug. 3, 1950, ch. 536, § 13, 64 Stat. 407, related to recall of warrant officers to active duty with consent of the officer. See section 332 of this title.
text: Section 312, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, § 14, 64 Stat. 407, related to relief of retired warrant officer promoted while on active duty. See section 333 of this title.
14 U.S.C. § 313 (COAST GUARD)
[§ 313. Repealed. May 29, 1954, ch. 249, § 20(o), 68 Stat. 167]
text: Section, acts Aug. 4, 1949, ch. 393, 63 Stat. 520; Aug. 3, 1950, ch. 536, § 15, 64 Stat. 407, provided that any warrant officer who was retired under sections 303 to 305 or 307 of this title should be retired from active service with the highest grade held by him in which his performance of duty was satisfactory, but not lower than his permanent grade, with retired pay of the grade with which retired. It implemented such sections 303 to 305 and 307 which were also repealed by act May 29, 1954. See notes under those former sections.
heading: Additional Repeal
text: Section was also repealed by Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177.
14 U.S.C. § 313a (COAST GUARD)
[§ 313a. Repealed. Pub. L. 88–130, § 1(10)(A), Sept. 24, 1963, 77 Stat. 177]
text: Section, added Pub. L. 85–144, § 2(a), Aug. 14, 1957, 71 Stat. 367, related to retirement of warrant officers in cases where higher grade has been held. See section 334 of this title.
14 U.S.C. § 314, 315 (COAST GUARD)
[§§ 314, 315. Repealed. Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408]
text: Section 314, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to retiring or dropping for disabilities not incident to service. See section 1207 of Title 10, Armed Forces.
text: Section 315, act Aug. 4, 1949, ch. 393, 63 Stat. 520, related to dropping for disabilities due to vicious habits. See section 1207 of Title 10.
14 U.S.C. § 321 (COAST GUARD)
§ 321. 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.)
14 U.S.C. § 322 (COAST GUARD)
§ 322. 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 321 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 321 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; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302.)
heading: Amendments
text: 1982—Subsec. (d). Pub. L. 97–295 inserted “of this title” after “section 321”.
14 U.S.C. § 323 (COAST GUARD)
§ 323. 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 321 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; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302.)
heading: Amendments
text: 1982—Subsec. (c). Pub. L. 97–295 inserted “of this title” after “section 321”.
14 U.S.C. § 324 (COAST GUARD)
§ 324. Composition of boards
(a) A board convened under section 321, 322, or 323 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 321, 322, or 323 of this title to consider the same officer.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188.)
14 U.S.C. § 325 (COAST GUARD)
§ 325. Rights and procedures
Each officer under consideration for removal under section 322 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.)
14 U.S.C. § 326 (COAST GUARD)
§ 326. 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 323 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.)
14 U.S.C. § 331 (COAST GUARD)
§ 331. 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.)
heading: Delegation of Authority
text: For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, 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.
14 U.S.C. § 332 (COAST GUARD)
§ 332. 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; 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.)
heading: Amendments
text: 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.
14 U.S.C. § 333 (COAST GUARD)
§ 333. 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.)
14 U.S.C. § 334 (COAST GUARD)
§ 334. Grade on retirement
(a) Any commissioned officer, other than a commissioned warrant officer, who is retired under any provision of this title, shall be retired from active service with the highest grade held by him for not less than six months while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory.
(b) 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 him for not less than six months on active duty in which, as determined by the Secretary, his performance of duty was satisfactory.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 190; 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.)
heading: Amendments
text: 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.
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date of 1991 Amendment
text: 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.
14 U.S.C. § 350 (COAST GUARD)
§ 350. Recruiting campaigns
The Secretary shall initiate and carry forward an intensified voluntary enlistment campaign to obtain the required personnel strengths.
(Added Aug. 10, 1956, ch. 1041, § 7(a), 70A Stat. 620.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
350
34:187 (as made applicable to Coast Guard by 34:189).
34:189 (as applicable to 34:187).
50 App.:470 (last sentence).
Oct. 6, 1945, ch. 393, §§ 2 (as made applicable to Coast Guard by § 13), 13 (as applicable to § 2), 59 Stat. 538, 542.
June 24, 1948, ch. 625, § 20 (last sentence), 62 Stat. 627; Sept. 27, 1950, ch. 1059, § 1(14), 64 Stat. 1074.
14 U.S.C. § 352 (COAST GUARD)
§ 352. Promotion
Enlisted members shall be advanced in rating by the Commandant under regulations prescribed by the Secretary.
(Aug. 4, 1949, ch. 393, 63 Stat. 520; Pub. L. 98–557, § 15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865.)
heading: Historical and Revision Notes
text: Derived from title 14, U.S.C., 1946 ed., § 23 (Apr. 16, 1908, ch. 145, § 8, 35 Stat. 62).
Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U.S.C., 1946 ed., § 23, have been left to administrative control heretofore, and this has proved most satisfactory, the entire promotion of enlisted men is delegated to administrative control by this section. 81st Congress, House Report No. 557.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted “Enlisted members” for “Enlisted men”.
14 U.S.C. § 353 (COAST GUARD)
§ 353. Compulsory retirement at age of sixty-two
Any enlisted member who has reached the age of sixty-two shall be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 520; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 173 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100).
Section 173 of title 14, U.S.C., 1946 ed., has been divided. That part dealing with enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 230 of this title. That part dealing with warrant officers is placed in section 303 of this title.
The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers. 81st Congress, House Report No. 557.
heading: Amendments
text: 1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 354 (COAST GUARD)
§ 354. Voluntary retirement after thirty years’ service
Any enlisted member who has completed thirty years’ service may, upon his own application, in the discretion of the Commandant, be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 521; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 175 (Jan. 28, 1915, ch. 20, § 3, 38 Stat. 801).
Said section has been divided. That part dealing with retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned officers is placed in section 231 of this title. That part dealing with retirement of warrant officers is placed in section 304 of this title. That part providing for retired pay is incorporated in section 423 of this title. That part providing for assignment of duties to retired personnel is incorporated in sections 241, 311, and 360 of this title.
The authority to approve was granted to the Commandant in lieu of the Secretary. 81st Congress, House Report No. 557.
heading: Amendments
text: 1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 355 (COAST GUARD)
§ 355. Voluntary retirement after twenty years’ service
Any enlisted member who has completed twenty years’ service may, upon his own application, in the discretion of the Commandant, be retired from active service.
(Aug. 4, 1949, ch. 393, 63 Stat. 521; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 185a (May 24, 1939, ch. 146, § 2, 53 Stat. 755).
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 1986—Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “active service”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 356 (COAST GUARD)
[§ 356. Repealed. Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408]
text: Section, act Aug. 4, 1949, ch. 393, 63 Stat. 521, related to retirement for disabilities incident to service. See sections 1204 and 1376 of Title 10, Armed Forces.
14 U.S.C. § 358 (COAST GUARD)
[§ 358. Repealed. Pub. L. 88–114, § 1(2), Sept. 6, 1963, 77 Stat. 144]
text: Section, act Aug. 4, 1949, ch. 393, § 1, 63 Stat. 522, limited number of retirements in a calendar year of enlisted men who had completed 20 years of service, to not more than the whole number nearest 1 percent of the total enlisted force on the active list, and any men so authorized to be retired annually who were not so retired, could be retired during any subsequent year providing the total retired in that year did not exceed 3 percent of the total enlisted force.
14 U.S.C. § 359 (COAST GUARD)
§ 359. Recall to active duty during war or national emergency
In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty.
(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 185c (May 24, 1939, ch. 146, § 4, 53 Stat. 755).
This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§ 240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1950—Act Aug. 3, 1950, struck out all references to pay.
heading: Delegation of Authority
text: For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, as amended, 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.