dreamproit/uscode huggingface dataset:
14 U.S.C. § 2305 (COAST GUARD)
§ 2305. 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, § 354; 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; renumbered § 2305, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editoral Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 354 of this title as this section.
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. § 2306 (COAST GUARD)
§ 2306. 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, § 355; 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; renumbered § 2306, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editoral Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 355 of this title as this section.
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. § 2308 (COAST GUARD)
§ 2308. 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, § 359; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2308, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 359 of this title as this section.
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: Executive Documents
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. § 2309 (COAST GUARD)
§ 2309. 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, § 360; 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; renumbered § 2309, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 360 of this title as this section.
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. § 2310 (COAST GUARD)
§ 2310. 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, § 361; 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; renumbered § 2310, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 361 of this title as this section.
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. § 2311 (COAST GUARD)
§ 2311. Retirement in cases where higher grade or rating has been held
Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 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, § 362; 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; renumbered § 2311 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: 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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”.
Pub. L. 115–282, § 113(b), renumbered section 362 of this title as this section.
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. § 2312 (COAST GUARD)
§ 2312. 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, § 365; 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; renumbered § 2312, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.)
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 365 of this title as this section.
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. § 2313 (COAST GUARD)
§ 2313. 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 2314 of this title.
(Aug. 4, 1949, ch. 393, 63 Stat. 523, § 366; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2313 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: 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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”.
Pub. L. 115–282, § 113(b), renumbered section 366 of this title as this section.
1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.