dreamproit/uscode huggingface dataset:
14 U.S.C. § 360 (COAST GUARD)
§ 360. Recall to active duty with consent of member
Any enlisted member on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted member on the retired list who has reached the age of sixty-two years shall be recalled in time of peace.
(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 19, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), (4)(B)(i), 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 §§ 241 and 311 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 “member” for “man” in section catchline, and in text substituted reference to enlisted member for reference to enlisted man in two places.
1950—Act Aug. 3, 1950, struck out all references to pay.
14 U.S.C. § 361 (COAST GUARD)
§ 361. Relief of retired enlisted member promoted while on active duty
Any enlisted member on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the member served satisfactorily on active duty.
(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 20, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), (G), (4)(C)(i), Oct. 30, 1984, 98 Stat. 2865.)
heading: Historical and Revision Notes
text: Derived from title 34, U.S.C., 1946 ed., §§ 3501(a) and (b), 350j(b) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).
Said sections have application to officers only, but in accord with the general plan to make as many provisions as possible applicable both to officers and men, it seems highly desirable to provide similarly for enlisted men—a fortiori because there are cases in the Coast Guard in which enlisted men are suffering inequitably because there is no provision for advancing men on the retired list after they have been advanced in rating while serving on active duty after recall from the retired list. 81st Congress, House Report No. 557.
heading: Amendments
text: 1984—Pub. L. 98–557 in section catchline substituted “enlisted member” for “man”, and in two places in text substituted “member” for “man”.
1950—Act Aug. 3, 1950, struck out all references to pay.
14 U.S.C. § 362 (COAST GUARD)
§ 362. Retirement in cases where higher grade or rating has been held
Any enlisted member who is retired under any provision of section 353, 354, 355, or 357 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating.
(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, § 21, 64 Stat. 407; Pub. L. 97–295, § 2(9), Oct. 12, 1982, 96 Stat. 1302; 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 34, U.S.C., 1946 ed., § 3501(e) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).
The requirement that the higher grade or rating be held prior to June 30, 1946, has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the act of June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., § 350j(b)). 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 “permanent grade or rating”.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
1982—Pub. L. 97–295 substituted “of this title” for “of this chapter” after “357”.
1950—Act Aug. 3, 1950, struck out reference to section 356.
14 U.S.C. § 363, 364 (COAST GUARD)
[§§ 363, 364. Repealed. Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408]
text: Section 363, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to retiring or dropping for disabilities not incident to service. See section 1207 of Title 10, Armed Forces.
text: Section 364, act Aug. 4, 1949, ch. 393, 63 Stat. 523, related to dropping for disabilities due to vicious habits. See section 1207 of Title 10.
14 U.S.C. § 365 (COAST GUARD)
§ 365. Extension of enlistments
Under regulations prescribed by the Secretary, the term of enlistment of any enlisted member may, by voluntary written agreement, be extended and re-extended for a period not exceeding six full years from the date of expiration of the then-existing term of enlistment, and subsequent to such date an enlisted member who so extends his term of enlistment shall receive the same pay and allowances in all respects as though regularly discharged and reenlisted immediately upon expiration of his term of enlistment. However, the total of all such extensions of an enlistment may not exceed six years. No such extension shall operate to deprive the enlisted member concerned, upon discharge at the termination thereof, of any right, privilege, or benefit to which he would have been entitled if his term of enlistment had not been so extended.
(Aug. 4, 1949, ch. 393, 63 Stat. 523; Pub. L. 86–474, § 1(18), May 14, 1960, 74 Stat. 146; 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., § 35 (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586).
Said section has been divided. Subsection (b) is placed in this section. The provisions of the first sentence of subsection (a) are placed in section 351 of this title. The proviso of subsection (a) is covered in section 367(b) 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 in section 366 of this title.
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in three places.
1960—Pub. L. 86–474 increased maximum term for extension of a reenlistment period from four to six years.
14 U.S.C. § 366 (COAST GUARD)
§ 366. Retention beyond term of enlistment in case of disability
Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 367 of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 523; 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., § 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797).
The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated.
Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard.
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.
14 U.S.C. § 368 (COAST GUARD)
[§ 368. Repealed. Pub. L. 97–322, title I, § 115(b)(1), Oct. 15, 1982, 96 Stat. 1585]
text: Section, act Aug. 4, 1949, ch. 393, 63 Stat. 524, related to discharge in case of under-age enlistment.
14 U.S.C. § 369 (COAST GUARD)
§ 369. Inclusion of certain conditions in enlistment contract
The enlistment contract shall contain the substance of sections 365 to 368, inclusive, of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 524.)
heading: Historical and Revision Notes
text: It is believed desirable to have the provisions specified included in the enlistment contract, as they include certain privileges and obligations that any man should clearly understand before enlisting. 81st Congress, House Report No. 557.
14 U.S.C. § 370 (COAST GUARD)
§ 370. Discharge within three months before expiration of enlistment
Under regulations prescribed by the Secretary, any enlisted member may be discharged at any time within three months before the expiration of his term of enlistment or extended enlistment without prejudice to any right, privilege, or benefit that he would have received, except pay and allowances for the unexpired period not served, or to which he would thereafter become entitled, had he served his full term of enlistment or extended enlistment.
(Added June 8, 1955, ch. 136, § 2, 69 Stat. 88; amended Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865.)
heading: Amendments
text: 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 371 (COAST GUARD)
§ 371. Aviation cadets; procurement; transfer
(a) The grade of aviation cadet is established as a special enlisted grade in the Coast Guard. Under such regulations as the Secretary prescribes, citizens in civil life may be enlisted as, and enlisted members of the Coast Guard with their consent may be designated as, aviation cadets.
(b) Except in time of war or national emergency declared by Congress, not less than 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Coast Guard.
(c) No persons may be enlisted or designated as an aviation cadet unless—
(1) the person agrees in writing that, upon successful completion of the course of training as an aviation cadet, the person will accept a commission as an ensign in the Coast Guard Reserve and will serve on active duty as such for at least three years, unless sooner released; and
(2) if under twenty-one years of age, the person has the consent of the person’s parent or guardian to the agreement.
(d) Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the Coast Guard, released from active duty, or discharged.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 196; amended Pub. L. 97–295, § 2(11), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, § 15(a)(1), Oct. 30, 1984, 98 Stat. 2864.)
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–557, § 15(a)(1)(A), struck out “male” before “citizens” and “enlisted members”.
Subsec. (c)(1). Pub. L. 98–557, § 15(a)(1)(B), substituted “the person” for “he” in two places and struck out “his” after “upon”.
Subsec. (c)(2). Pub. L. 98–557, § 15(a)(1)(C), substituted “the person” for “he”, “the person’s” for “his”, and “the agreement” for “his agreement”.
1982—Subsec. (b). Pub. L. 97–295 substituted “percent” for “per centum”.
14 U.S.C. § 372 (COAST GUARD)
§ 372. Aviation cadets; benefits
Except as provided in section 402(c) of title 37, aviation cadets or their beneficiaries are entitled to the same allowances, pensions, gratuities, and other benefits as are provided for enlisted members in pay grade E–4. While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 197.)
14 U.S.C. § 373 (COAST GUARD)
§ 373. Aviation cadets; appointment as Reserve officers
(a) An aviation cadet who fulfills the eligibility requirements of section 2003 of title 10 for designation as a naval aviator may be appointed an ensign in the Coast Guard Reserve and designated a Coast Guard aviator.
(b) Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary in this regard is conclusive.
(Added Pub. L. 89–444, § 1(20), June 9, 1966, 80 Stat. 197; amended Pub. L. 94–546, § 1(28), Oct. 18, 1976, 90 Stat. 2521.)
heading: Amendments
text: 1976—Subsec. (a). Pub. L. 94–546 substituted reference to section 2003 of title 10 for reference to section 6023(b) of title 10.
14 U.S.C. § 374 (COAST GUARD)
§ 374. Critical skill training bonus
(a) The Secretary may provide a bonus, not to exceed $20,000, to an enlisted member who completes training in a skill designated as critical, if at least four years of obligated active service remain on the member’s enlistment at the time the training is completed. A bonus under this section may be paid in a single lump sum or in periodic installments.
(b) If an enlisted member voluntarily or because of misconduct does not complete the member’s term of obligated active service, the Secretary may require the member to repay the United States, on a pro rata basis, all sums paid under this section. The Secretary may charge interest on the amount repaid at a rate, to be determined quarterly, equal to 150 percent of the average of the yields on the 91-day Treasury bills auctioned during the calendar quarter preceding the date on which the amount to be repaid is determined.
(Added Pub. L. 108–293, title II, § 204(a), Aug. 9, 2004, 118 Stat. 1032.)
14 U.S.C. § 421 (COAST GUARD)
§ 421. 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; 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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 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”.
14 U.S.C. § 422 (COAST GUARD)
§ 422. 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; Pub. L. 99–348, title II, § 205(b)(10), July 1, 1986, 100 Stat. 700.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 1986—Pub. L. 99–348 substituted “rate” for “rating”.
14 U.S.C. § 424 (COAST GUARD)
§ 424. 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; 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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 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.
14 U.S.C. § 424a (COAST GUARD)
§ 424a. 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.)
14 U.S.C. § 425 (COAST GUARD)
§ 425. 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.)
heading: Prior Provisions
text: A prior section 425, act Aug. 4, 1949, ch. 393, 63 Stat. 525, related to retiring boards, prior to repeal by act Aug. 3, 1950, ch. 536, § 36, 64 Stat. 408. See section 1216 of Title 10, Armed Forces.
heading: Effective Date
text: 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.”
heading: Special Right of Applications After Deadline for Completion of Board Action
text: 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.”