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14 U.S.C. § 2315 (COAST GUARD)
§ 2315. Inclusion of certain conditions in enlistment contract
The enlistment contract shall contain the substance of sections 2312 to 2314,1 inclusive, of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 524, § 369; renumbered § 2315 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)
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.
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), which directed amendment of this title by striking each reference to a section redesignated by title I of Pub. L. 115–282 and inserting a reference to the redesignated section, was executed by substituting “sections 2312 to 2314” for “sections 365 to 368” to reflect the probable intent of Congress. Sections 365 to 367 of this title were redesignated as sections 2312 to 2314 of this title by title I of Pub. L. 115–282, whereas section 368 of this title had previously been repealed by Pub. L. 97–322, title I, § 115(b)(1), Oct. 15, 1982, 96 Stat. 1585.
Pub. L. 115–282, § 113(b), renumbered section 369 of this title as this section.
14 U.S.C. § 2316 (COAST GUARD)
§ 2316. 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, § 370; amended Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2316, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 370 of this title as this section.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
14 U.S.C. § 2317 (COAST GUARD)
§ 2317. 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, § 371; 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; renumbered § 2317, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 371 of this title as this section.
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. § 2318 (COAST GUARD)
§ 2318. 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, § 372; renumbered § 2318, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 372 of this title as this section.
14 U.S.C. § 2319 (COAST GUARD)
§ 2319. 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, § 374; renumbered § 2319, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 374 of this title as this section.
14 U.S.C. § 2501 (COAST GUARD)
§ 2501. 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, § 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.)
heading: Amendments
text: 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.
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. § 2502 (COAST GUARD)
§ 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.)
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: 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”.
14 U.S.C. § 2503 (COAST GUARD)
§ 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.)
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: 2018—Pub. L. 115–282 renumbered section 422 of this title as this section.
1986—Pub. L. 99–348 substituted “rate” for “rating”.
14 U.S.C. § 2505 (COAST GUARD)
§ 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.)
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: 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.
14 U.S.C. § 2506 (COAST GUARD)
§ 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.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 424a of this title as this section.
14 U.S.C. § 2507 (COAST GUARD)
§ 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.)
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 425 of this title as this section.
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.”
14 U.S.C. § 2508 (COAST GUARD)
§ 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(f)(2) 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.)
heading: References in Text
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.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 426 of this title as this section.
heading: Effective Date
text: 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.”
14 U.S.C. § 2509 (COAST GUARD)
§ 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.)
heading: Amendments
text: 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”.
14 U.S.C. § 2510 (COAST GUARD)
§ 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.)
heading: Amendments
text: 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”.