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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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 425 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
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: Editoral Notes
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: Statutory Notes and Related Subsidiaries
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: Editoral Notes
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: Editoral Notes
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”.
14 U.S.C. § 2511 (COAST GUARD)
§ 2511. Investigations of flag officers and Senior Executive Service employees
In conducting an investigation into an allegation of misconduct by a flag officer or member of the Senior Executive Service serving in the Coast Guard, the Inspector General of the Department of Homeland Security shall—
(1) conduct the investigation in a manner consistent with Department of Defense policies for such an investigation; and
(2) consult with the Inspector General of the Department of Defense.
(Added Pub. L. 114–120, title II, § 220(a), Feb. 8, 2016, 130 Stat. 48, § 430; renumbered § 2511, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.)
heading: Editoral Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 430 of this title as this section.
14 U.S.C. § 2512 (COAST GUARD)
§ 2512. Leave policies for the Coast Guard
(a) In General.—
Except as provided in subsection (b), not later than 1 year after the date on which the Secretary of the Navy promulgates a new rule, policy, or memorandum pursuant to section 704 of title 10, United States Code, with respect to leave associated with the birth or adoption of a child, the Secretary of the department in which the Coast Guard is operating shall promulgate a similar rule, policy, or memorandum that provides leave to officers and enlisted members of the Coast Guard that is equal in duration and compensation to that provided by the Secretary of the Navy.
(b) Leave Associated With Birth or Adoption of Child.—
Notwithstanding subsection (a), sections 701 and 704 of title 10, or any other provision of law, all officers and enlisted members of the Coast Guard shall be authorized leave associated with the birth or adoption of a child during the 1-year period immediately following such birth or adoption and, at the discretion of the Commanding Officer, such officer or enlisted member shall be permitted—
(1) to take such leave in increments; and
(2) to use flexible work schedules (pursuant to a program established by the Secretary in accordance with chapter 61 of title 5).
(Added Pub. L. 114–120, title II, § 222(a), Feb. 8, 2016, 130 Stat. 49, § 431; renumbered § 2512 and amended Pub. L. 115–282, title I, § 114(b), title III, § 315(a), Dec. 4, 2018, 132 Stat. 4223, 4250.)
heading: Editoral Notes
heading: Amendments
text: 2018—Pub. L. 115–282, § 315(a), designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), not later than 1 year” for “Not later than 1 year”, and added subsec. (b).
Pub. L. 115–282, § 114(b), renumbered section 431 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Flexible Work Schedules
text: Pub. L. 115–282, title III, § 315(b), Dec. 4, 2018, 132 Stat. 4250, provided that: “Not later than 180 days after the date of enactment of this Act [Dec. 4, 2018], the Secretary of the department in which the Coast Guard is operating shall ensure that a flexible work schedule program under chapter 61 of title 5, United States Code, is in place for officers and enlisted members of the Coast Guard.”
14 U.S.C. § 2513 (COAST GUARD)
§ 2513. Computation of length of service
In computing length of service of officers and enlisted personnel for any purpose all creditable service in the Army, Navy, Marine Corps, Air Force, Coast Guard, Revenue Cutter Service, and Life Saving Service shall be included in addition to any other creditable service authorized by any other law.
(Aug. 4, 1949, ch. 393, 63 Stat. 531, § 467; renumbered § 2513, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 2 (Jan. 28, 1915, ch. 20, § 3, 38 Stat. 801).
The Air Force is added in the enumeration of services.
That part referring to the operation of a station for part of a year is omitted.
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 467 of this title as this section.
14 U.S.C. § 2701 (COAST GUARD)
§ 2701. Procurement of personnel
The Coast Guard may expend operating expense funds for recruiting activities, including but not limited to advertising and entertainment, in order to—
(1) obtain recruits for the Service and cadet applicants; and
(2) gain support of recruiting objectives from those who may assist in the recruiting effort.
(Aug. 4, 1949, ch. 393, 63 Stat. 531, § 468; Pub. L. 104–324, title II, § 206(b), Oct. 19, 1996, 110 Stat. 3908; renumbered § 2701, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.)
heading: Historical and Revision Notes
text: Based on the following language contained in the Coast Guard appropriation act for 1949, “Pay and Allowances” and preceding years: “expenses of recruiting for the Coast Guard; advertising for and obtaining enlisted personnel and applicants for appointment as cadets;”
(June 19, 1948, ch. 558, 62 Stat. 562).
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2701 was renumbered section 4901 of this title.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 468 of this title as this section.
1996—Pub. L. 104–324 amended text generally. Prior to amendment, text read as follows: “The Coast Guard may make expenditures as necessary in order to obtain recruits for the service and cadet applicants, including advertising.”
14 U.S.C. § 2702 (COAST GUARD)
§ 2702. Training
The Coast Guard may make expenditures for the training of personnel, including books, school supplies, correspondence courses, motion picture equipment, and other equipment for instructional purposes.
(Aug. 4, 1949, ch. 393, 63 Stat. 531, § 469; renumbered § 2702, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.)
heading: Historical and Revision Notes
text: Based on the following language contained in the Coast Guard appropriation act for 1949, “Pay and Allowances” and preceding years: “motion picture and other equipment for instructional purposes; . . . training of enlisted personnel, including textbooks, school supplies, and correspondence courses;”
(June 19, 1948, 62 Stat. 562).
Changes were made in phraseology. 81st Congress, House Report No. 557.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2702 was renumbered section 4902 of this title.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 469 of this title as this section.
14 U.S.C. § 2703 (COAST GUARD)
§ 2703. Contingent expenses
The Commandant may expend for contingencies of the Coast Guard a sum not to exceed $50,000 in any one fiscal year.
(Aug. 4, 1949, ch. 393, 63 Stat. 532, § 476; Pub. L. 108–293, title II, § 219, Aug. 9, 2004, 118 Stat. 1039; renumbered § 2703, Pub. L. 115–282, title I, § 116(b), Dec. 4, 2018, 132 Stat. 4226.)
heading: Historical and Revision Notes
text: Based on title 14, U.S.C., 1946 ed., § 15k (Apr. 20, 1939, ch. 75, 53 Stat. 582).
The limitation on the amount for such contingencies is increased, and the amount is made available to the Commandant rather than solely to the Superintendent of the Academy as now prescribed by law. The authorization is to cover expenditures incident to the offices of the Commandant and the Superintendent of the Academy. The intent is that the amount authorized will be administered in a manner similar to that now employed by the Superintendent of the Academy under the authority of 14 U.S.C., § 15k. 81st Congress, House Report No. 557.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2703 was renumbered section 4903 of this title.
heading: Amendments
text: 2018—Pub. L. 115–282 renumbered section 476 of this title as this section.
2004—Pub. L. 108–293 substituted “$50,000” for “$7,500” and struck out at end “The Commandant may authorize the Superintendent of the Academy to expend not to exceed $2,500 of this amount for contingencies of the Academy.”