An Act to amend the provisions of title 14, United States Code, relating to the appointment, promotion, separation, and retirement of officers of the Coast Guard, and for other purposes
PL 88-130 (H.R.5623), enacted 09/24/1963

174 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 
STAT. 
Public Law 88-130 
September 24, 1963 
[H. R. 5623] 
AN ACT 
Coast Guard. 
Officers, promo-
tion, separation, 
etc. 
To amend the provisions of title 14, United States Oode, relating to the appoint-
ment, promotion, separation, and retirement of officers of the Coast Guard, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of Anierica in Congress osseTnhled^ That title 14, United 
States Code, is amended as follows: 
(1) The following new section is added after section 41: 
"§41a. Active duty promotion list 
"(a) The Secretary shall maintain a single active duty promotion 
list of officers of the Coast Guard on active duty in the grades of ensign 
and above. Retired officers, officers of the permanent commissioned 
teaching staff of the Coast Guard Academy, and officers of the Women's 
Reserve shall not be included on the active duty promotion list. 
Reserve officers on extended active duty, other than those serving in 
connection with organizing, administering, recruiting, instructing, or 
training the Reserve components, shall be included on the active duty 
promotion list. 
"(b) Officers shall be carried on the active duty promotion list in 
the order of seniority of the grades in which they are serving. 
Officers 
serving in the same grade shall be carried in the order of their seniority 
in that grade. 
The Secretary may correct any erroneous position 
on the active duty promotion list that was caused by administrative 
error. 
"(c) A person appointed in the grade of ensign or above in the 
Regular Coast Guard shall be placed on the active duty promotion 
list in the order of his date of rank and seniority. 
"(d) A Reserve officer, other than one excluded by subsection (a), 
shall, when he enters on extended active duty, be placed on the active 
duty promotion list in accordance with his grade and seniority. 
The 
position of such a Reserve officer among other officers of the Coast 
Guard on active duty who have the same date of rank shall be deter-
mined by the Secretary." 
(2) Section 42 is amended to read as follows: 
*
*
§ 42. Number and distribution of commissioned officers 
"(a) The total number of commissioned officers, excluding com-
missioned warrant officers, on active duty in the Coast Guard shall not 
exceed three thousand five hundred. 
"(b) The commissioned officers on the active duty promotion list 
shall be distributed in grade in the following percentages, respec-
tively: rear admiral 0.75; captain 6.0; commander 12.0; lieutenant 
commander 18.0. The Secretary shall prescribe the percentages appli-
cable to the grades of lieutenant, lieutenant (junior grade), and 
ensign. 
The Secretary may, as the needs of the Coast Guard require, 
reduce the percentage applicable to any grade above lieutenant com-
mander, and in order to compensate for such reduction increase cor-
respondingly the percentage applicable to any lower grade. 
"(c) The Secretary shall, at least once each year, make a computa-
tion to determine the number of officers on the active duty promotion 
list authorized to be serving in ^ach grade. The number in each grade 
shall be computed by applying the applicable percentage to the total 
number of such officers serving on active duty on the date the compu-
tation is made. 
In making computations under this section the 
nearest whole number shall be regarded as the authorized number 
in any case where there is a fraction in the final result. 
77 STAT.] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
175 
"(d) The numbers resulting from such computations shall be for all 
purposes the authorized number in each grade, except that the author-
ized number for a grade is temporarily increased during the period 
between one computation and the next by the number of officers 
originally appointed in that grade during that period and the number 
of officers of that grade for whom vacancies exist in the next higher 
grade but whose promotion has been delayed for any reason. 
"(e) Officers who are not included on the active duty promotion 
list, officers serving as extra numbers in grade under sections 432 and 
433 of this title, and officers serving with other departments or 
agencies on a reimbursable basis shall not be counted in determining 
authorized strengths under subsection (c) and shall not count against 
those strengths. 
The number of officers authorized to be serving on 
active duty in each grade of the permanent commissioned teaching 
staff of the Coast Guard Academy, of the Reserve serving in con-
nection with organizing, administering, recruiting, instructing, or 
training the reserve components, and of the Women s Reserve shall be 
prescribed by the Secretary." 
(3) The second and third sentences of section 44 are amended to 
read as follows: "The Commandant shall be appointed from the 
officers on the active duty promotion list serving in the grade of 
captain or above who have completed at least ten years of active 
service as a commissioned officer in the Coast Guard. 
The Com-
mandant while so serving shall have the grade of admiral." 
(4) Subsections (a), (b), and (c) of section 46 are each amended 
by striking out the words "and retired pay of admiral" and inserting 
in place thereof the words "of admiral and retired pay computed at 
the highest rates of basic pay applicable to him while he served as 
Commandant". 
(5) Subsection (a) of section 47 is amended by striking out the 
words "active list of officers who hold a permanent commission as cap-
tain or above" and substituting therefor the words "officers on the 
active duty promotion list serving in the grade of captain or above". 
(6) Subsection (d) of section 47 is amended by striking out the 
figure "243" and substituting therefor the figure "334". 
(7) The analysis of chapter 3 is amended by striking out the fol- 
1
4 use 41-47. 
lowing item: 
"43. Relative rank of commissioned oflBcers with respect to Arniy and Navy." 
and inserting the following new item: 
"41a. Active duty promotion list." 
(8) The first sentence of section 190 is amended to read as follows: 
"Professors, associate professors, assistant professors, and instructors 
in the Coast Guard shall be subject to retirement or discharge from 
active service for any cause on the same basis as other commissioned 
officers of the Coast Guard, except that they shall not be required to 
retire from active service under the provisions of section 288 of this 
title, nor shall they be subject to the provisions of section 289 of this 
title. Service as a civilian member of the teaching staff at the Acad-
emy in addition to creditable service authorized by any other law in 
any of the military services rendered prior to an appointment as a 
professor, associate professor, assistant professor, or instructor shall 
be credited in computing length of service for retirement purposes." 
(9) The analysis of chapter 11 is amended by striking out the sub-
heads "COMMISSIONED OFFICERS" and "WARRANT OFFICERS" and the 
sections included thereunder and substituting in place thereof the 
following: 
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[77 STAT. 
"OFFICERS 
"A. APPOINTMENTS 
"Sec. 
"211. Original appointment of permanent commissioned officers. 
"212. Original appointment of permanent commissioned warrant officers. 
"213. Original appointment of permanent warrant officers (W-1). 
"214. Original appointment of temporary officers. 
"B. SELECTION FOR PROMOTION 
"251. Selection boards; convening of boards. 
"252. Selection boards; composition of boards. 
"253. Selection boards; notice of convening; communication with board. 
"254. Selection boards; oath of members. 
"255. Number of officers to be selected for promotion. 
"256. Promotion zones. 
"257. Eligibility of officers for consideration for promotion. 
"258. Selection boards; information to be furnished boards. 
"259. Officers to be recommended for promotion. 
"260. Selection boards; reports. 
"261. Selection boards; submission of reports. 
"262. Failure of selection for promotion. 
"C. PROMOTIONS 
"271. Promotions; appointments. 
"272. Removal of officer from list of selectees for promotion. 
"273. Promotions; acceptance; oath of office. 
"274. Promotions; pay and allowances. 
"275. Wartime temporary service promotions. 
"276. Promotion of officers not included on active duty promotion list. 
"277. Temporary promotions of warrant officers. 
"D. DISCHARGES ; RETIREMENTS ; REVOCATION OF COMMISSIONS 
"281. Revocation of commissions during first three years of commissioned 
service. 
"282. Regular lieutenants (junior grade) ; separation for failure of selection 
for promotion. 
"283. Regular lieutenants; separation for failure of selection for promotion; 
continuation. 
"284. Regular Coast Guard; officers serving under temporary appointments. 
"285. Regular lieutenant commanders and commanders; retirement for failure 
of selection for promotion. 
"286. Discharge in lieu of retirement; severance pay. 
"287. Separation for failure of selection for promotion or continuation; time of. 
"288. Regular captains; retirement. 
"289. Captains; continuation on active duty; Involuntary retirement. 
"290. Rear admirals; retention on the active list; involuntary retirement. 
"291. Voluntary retirement after twenty years' service. 
"292. Voluntary retirement after thirty years' service. 
"293. Compulsory retirement at age of sixty-two. 
"294. Retirement for physical disability after selection for promotion; grade In 
which retired. 
"E. SEa>ARATION FOR CAUSE 
"321. Review of records of officers. 
"322. Boards of Inquiry. 
"323. Boards of review. 
"324. Composition of boards. 
"325. Rights and procedures, 
"326. Removal of officer from active duty; action by Secretary. 
"327. Officers considered for removal; retirement or discharge; severance 
benefits. 
"F. MISCELLANEOUS PROVISIONS 
"331. Recall to active duty during war or national emergency. 
"332. Recall to active duty with consent of officer. 
"333. Relief of retired officer promoted while on active duty. 
"334. Retirement in cases where higher grade has been held. 
"335. Physical fitness of officers." 
77 STAT. ] 
PUBLIC L
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177 
(10) Chapter 11 is amended— 
(A) by repealing sections 221-248 and 301-313a; 
Repeals. 
(B) by striking out the subheads "COMMISSIONED OFFI-
CERS" and "WARRANT OFFICERS"; and 
(C) by inserting the following new matter preceding section 
350: 
"OFFICERS 
"A. Appointments 
"§ 211. Original appointment of permanent commissioned officers 
"(a) The President may appoint, by and with the advice and con-
sent of the Senate, permanent commissioned officers in the Regular 
Coast Guard in grades of ensign or above appropriate to their quali-
fications, experience, and length of service, as the needs of the Coast 
Guard may require, from among the following categories: 
" (1) graduates of the Coast Guard Academy; 
"(2) commissioned warrant officers, warrant officers, and en-
listed men of the Regular Coast Guard; 
"(3) members of the Coast Guard Reserve who have served 
at least two years as such; and 
"(4) licensed officers of the United States merchant marine 
who have served, four or more years aboard a vessel of the United 
States in the capacity of a licensed officer. 
"(b) No person shall oe appointed a commissioned officer under this 
section until his mental, moral, physical, and professional fitness to 
perform the duties of a commissioned officer has been established under 
such regulations as the Secretary shall prescribe. 
"(c) Appointees under this section shall take precedence in the 
grade to which appointed in accordance with the dates of their com-
missions as commissioned officers in such grade. Appointees whose 
dates of commission are the same shall take precedence with each 
other as the Secretary shall determine. 
"§212. Original appointment of permanent commissioned war-
rant officers 
"(a) The President may appoint, by and with the advice and con-
sent of the Senate, permanent conmiissioned warrant officers in the 
Regular Coast Guard, as the needs of the Coast Guard may require, 
from among the following categories: 
"fl^ warrant officers (W-1) of the Regular Coast Guard; 
"(2) enlisted men of tne Regular Coast Guard; 
"(3^ members of the Coast Guard Reserve; and 
"(4) licensed officers of the United States merchant marine. 
"(b) No person shall be appointed a commissioned warrant officer 
under this section until his mental, moral, physical, and professional 
fitness to perform the duties of a commissioned warrant officer has 
been established under such regulations as the Secretary shall pre-
scribe. 
"(c) Appointees under this section shall take precedence in the 
grade to which appointed in accordance with the dates of their com-
missions as commissioned officers in the Coast Guard in such grade. 
Appointees whose dates of commission are the same shall take prece-
dence with each other as the Secretary shall determine. 
93-025 0-64-14 
178 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
"§213. Original appointment of permanent warrant 
officers 
(W-1) 
"(a) The Secretary may appoint permanent warrant 
officers 
(W-1), in the Regular Coast Guard, as the needs of the Coast Guard 
may require, from among the following categories: 
"(1) enlisted men of the Regular Coast Guard; 
"(2) members of the Coast Guard Resen^e; and 
"(3) licensed officers of the United States merchant marine. 
"(b) No person shall be appointed a warrant officer under this sec-
tion until his mental, moral, physical, and professional fitness to per-
form the duties of a warrant officer has been established under such 
regulations as the Secretary shall prescribe. 
" (c) Appointees under this section shall take precedence with other 
warrant officers in accordance with the dates of their appointments. 
Appointees whose dates of appointment are the same shall take prec-
edence with each other as the Secretary shall determine. 
"§214. Original appointment of temporary officers 
"(a) The President may appoint temporary commissioned officers 
in the Regular Coast Guard m a grade, not ai^ove lieutenant, appro-
priate to their qualifications, experience, and length of sers'ice, as 
the needs of the Coast Guard may require, from among the commis-
sioned warrant officers, warrant officers, and enlisted men of the Coast 
Guard. 
"(b) The President may appoint temporary commissioned warrant 
officers in the Regular Coast Guard, as the needs of the Coast Guard 
may require, from among the warrant officers and enlisted men of the 
Coast Guard. 
"(c) The Secretary may appoint temporary warrant 
officers 
(W-1) in the Regular Coast Guard, as the needs of the Coast Guard 
require, from among the enlisted men of the Coast Guard. 
"(d) Temporary appointments under this section do not change 
the permanent, probationary, or acting status of persons so appointed, 
prejudice them in regard to promotion or appointment, or abridge 
their rights or benefits. 
A person who is appointed under this section 
may not suffer any reduction in the pay and allowances to which he 
was entitled because of his permanent status at the time of his 
temporary appointment under this section. 
"(e) An appointment under this section may be vacated by the 
appointing officer at any time. 
Each officer whose appointment is so 
vacated shall revert to his permanent status. 
"(f) Appointees under this section shall take precedence in the 
grade to which appointed in accordance with the dates of their 
appointments as officers in such grade. Appointees whose dates of 
appointment are the same shall take precedence with each other as 
the Secretary shall determine. 
"B. Selection for Promotion 
"§ 251. Selection boards; convening of boards 
"At least once a year and at such other times as the needs of 
the service require, the Secretary shall convene selection boards to 
recommend for promotion to the next higher grade officers on the 
active duty promotion list in each grade from lieutenant (junior 
grade) through captain, with separate boards for each grade. 
How-
ever, the Secretary is not required to convene a board to recommend 
officers for promotion to a grade when no vacancies exist in the grade 
concerned, and he estimates that none will occur in the next twelve 
months. 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
179 
**§252. Selection boards; composition of boards 
"A board convened under section 251 of this title shall consist of 
five or more officers on the active duty promotion list who are serving 
in or above the grade to which the board may recommend officers for 
promotion. 
No officer may be a member of two successive boards 
convened to consider officers of the same grade for promotion. 
^'§253. Selection boards; notice of convening; communication 
with board 
"(a) Before a board is convened under section 251 of this title, 
notice of the convening date, the promotion zone to be considered, 
and the number of officers the board may recommend for promotion 
shall be given to the service at large. 
"(b) Each officer eligible for consideration by a selection board 
convened under section 251 of this title may send a communication 
through official channels to the board, to arrive not later than the date 
the board convenes, inviting attention to any matter of record in the 
armed forces concerning himself. A communication sent under this 
section may not criticize any officer or reflect upon the character, 
conduct, or motive of any officer. 
"§254. Selection boards; oath of members 
"Each member of a selection board shall swear that he will, with-
out prejudice or partiality, and having in view both the special fit-
ness of officers and the efficiency of the Coast Guard, perform the duties 
imposed upon him. 
"§ 255. Number of officers to be selected for promotion 
"Before convening a board under section 251 of this title to recom-
mend officers for promotion to any grade, the Secretary shall deter-
mine the total number of officers to be selected for promotion to that 
grade. This number shall be equal to the number of vacancies exist-
mg in the grade, plus the number of additional vacancies estimated 
for the next twelve months, less the number of officers on the selection 
list for the grade. 
**§256. Promotion zones 
"(a) Before convening a selection board to recommend officers for 
promotion to any grade above lieutenant (junior grade) and below 
rear admiral, the Secretary shall establish a promotion zone for the 
grade to be considered. 
The promotion zone for each grade shall 
consist of the most senior officers of that grade on the active duty 
promotion list who have not previously been placed in a promotion 
zone for selection for promotion to the next higher grade. The num-
ber of officers in each zone shall be determined after considering— 
" (1) the needs of the service; 
"(2) the estimated numbers of vacancies available in future 
years to provide comparable opportunity for promotion of offi-
cers in successive year groups; and 
"(8) the extent to which current terms of service in that grade 
conform to a desirable career promotion pattern. 
However, such number of officers shall not exceed the number to be 
selected for promotion divided by six-tenths. 
"(b) Promotion zones from which officers will be selected for pro-
motion to the grade of rear admiral shall be established by the Secre-
tary as the needs of the service require. 
"§ 257. Eligibility of officers for consideration for promotion 
"(a) An officer on the active duty promotion list becomes eligible 
for consideration for promotion to the next higher grade at the begin-
ning of the fiscal year in which he completes the following amount of 
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PUBLIC L
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[77 STAT. 
service computed from his date of rank in the grade in which he is 
serving: 
"(1) two years in the grade of lieutenant (junior grade); 
" (2 
^ three years in the grade of lieutenant; 
"?3) four years in the gtade of lieutenant commander; 
"(4) four years in the grade of commander; and 
" (5) three years in the grade of captain. 
"(b) For the purpose of this section, service in a grade includes 
all qualifying service in that grade or a higher grade, under either 
a temporary or permanent appointment. However, service in a 
grade under a temporary service appointment under section 275 of 
this title is considered as service only in the grade that the officer 
concerned would have held had he not been so appointed. 
"(c) No officer may become eligible for consideration for promotion 
imtil all officers of his grade senior to him are so eligible. 
"(d) Except when his name is on a list of selectees, each officer who 
becomes eligiole for consideration for promotion to the next higher 
grade remains eligible so long as he— 
" (1 ^ continues on active duty; 
" (2) is not promoted to that grade; and 
"(3) if serving in a grade l^low captain, has not twice failed 
of selection for promotion to the next higher grade. 
''§258. Selection boards; information to be furnished boards 
"The Secretary shall furnish the appropriate selection board con-
vened under section 251 of this title with: 
"(1) the number of officers that the board may recommend for 
promotion to the next higher grade; and 
"(2) the names and records of all officers to be considered by 
the board, with identification of those officers who are in the 
promotion zone. 
"§ 259. Officers to be recommended for promotion 
"(a) A selection board convened to recommend officers for promo-
tion shall recommend those eligible officers whom the board considers 
best qualified of the officers under consideration for promotion. No 
officer may be recommended for promotion unless he receives the 
recommendation of at least a majority of the members of a board 
composed of five members, or at least two-thirds of the members of 
a board composed of more than five members. 
"(b) The number of officers that a board convened under section 
251 of this title may recommend for promotion to a grade below rear 
admiral from among eligible officers junior in rank to the junior officer 
in the appropriate promotion zone may not exceed— 
"(1) 6 percent of the total number of officers that the board is 
authorized to recommend for promotion to the grade of lieu-
tenant or lieutenant commander; 
"(2) 7V^ percent of the total number of officers that the board 
is authorized to recommend for promotion to the grade of com-
mander ; and 
"(3) 10 percent of the total number of officers that the board 
is authorized to recommend for promotion to the grade of captain; 
unless such percentage is a number less than one, in which case the 
board may recommend one such officer for promotion. 
"§260. Selection boards; reports 
"(a) Each board convened under section 251 of this title shall sub-
mit a report in writing, signed by all the members thereof, containing 
the names of the officers recommended for promotion. 
"(b) A board convened under section 251 of this title shall certify 
that, in the opinion of at least a majority of the members if the board 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
181 
has five members, or in the opinion of at least two-thirds of the mem-
bers if the board has more than five members, the officers recommended 
for promotion are the best (qualified for promotion of those officers 
whose names have been furnished to the board. 
"§ 261. Selection boards; submission of reports 
"(a) A board convened under section 251 of this title shall submit 
its report to the Secretary. If the board has acted contrary to law or 
regulation, the Secretary may return the report for proceedings in 
revision and resubmission to the Secretary. After his final review, 
the Secretary shall submit the report of the board to the President 
for his approval, modification, or disapproval. 
"(b) If any officer recommended for promotion is not acceptable to 
the President, the President may remove the name of that officer from 
the report of the board. 
"(c) Upon approval by the President the names of officers selected 
for promotion Dy a board convened under section 251 of this title 
shall be promptly disseminated to the service at large. 
"(d) Except as required by this section, the proceedings of a selec-
tion board shall not be disclosed to any person not a member of the 
board. 
'^§262. Failure of selection for promotion 
" (a) An officer, other than an officer serving in the grade of captain, 
who is, or is senior to, the junior officer in the promotion zone estab-
lished for his grade under section 256 of this title, fails of selection if 
he is not selected for promotion by the selection board which consid-
ered him, or if having been recommended for promotion by the board, 
his name is thereafter removed from the report of the board by the 
President. 
"(b) An officer shall not be considered to have failed of selection 
if he was not considered by a selection board because of administrative 
error. 
If he is selected by the next succeeding selection board and 
promoted, he shall be given the date of rank and position on the active 
duty promotion list in the grade to which promoted that he would have 
held had he been recommended by the first seleccion board. 
"C. Promotions 
"§271. Promotions; appointments 
"(a) When the report of a board convened to recommend officers 
for promotion has been approved by the President, the Secretary shall 
place the names of all officers selected and approved on a list of 
selectees in the order of their seniority on the active duty promotion 
list. 
"(b) Officers on the list of selectees may be promoted by appoint-
ment in the next higher grade to fill vacancies in the authorized active 
duty strength of the grade as determined under section 42 of this title 
Ante, p. 174. 
after officers on any previous list of selectees for that grade have been 
promoted. 
Officers shall be promoted in the order that their names 
appear on the list of selectees. The date of rank of an officer promoted 
under this subsection shall be the date of his appointment in that grade. 
"(c) An officer serving on active duty in the grade of ensign may 
if found fully qualified for promotion in accordance with regulations 
prescribed by the Secretary, be promoted to the grade of lieutenant 
(junior grade) by appointment after he has completed eighteen 
months' active service in grade. The date of rank of an officer pro-
moted under this subsection shall be the date of his appointment in 
the grade of lieutenant (junior grade) as specified by the Secretary. 
182 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
"(d) Appointments of regular officers under this section shall be 
made by the President, by and with the advice and consent of the 
Senate. Appointments of Keserve officers shall be made as prescribed 
7
0
A Stat. 25. 
in sectiou 593 of title 10. 
"(e) The promotion of an officer who is under investigation or 
against whom proceedings of a court-martial or a board of officers 
are pending may be delayed without prejudice by the Secretary until 
completion of the investigation or proceedings. 
However, unless 
the Secretary determines that a further delay is necessary in the 
public interest, a promotion may not be delayed under this subsection 
for more than one year after the date the officer would otherwise have 
been promoted. 
An officer whose promotion is delayed under this 
subsection and who is subsequently promoted shall be given the date 
of rank and position on the active duty promotion list in the grade to 
which promoted that he would have held had his promotion not been 
so delayed. 
"§ 272. Removal of officer from list of selectees for promotion 
"(a) The President may remove the name of any officer from a 
a list of selectees established under section 271 of this title. 
"(b) If the Senate does not consent to the appointment of an 
officer whose name is on a list of selectees established under section 
271 of this title, that officer's name shall be removed from this list. 
"(c) An officer whose name is removed from a list under subsection 
(a) or (b) continues to be eligible for consideration for promotion. 
If he is selected for promotion by the next selection board and pro-
moted, he shall be given the date of rank and position on the active 
duty promotion list in the grade to which promoted that he would 
have held if his name had not been removed. 
However, if the officer 
is not selected by the next selection board or if his name is again 
removed from the list of selectees, he shall be considered for all 
purposes as having twice failed of selection for promotion. 
"§ 273. Promotions; acceptance; oath of office 
"(a) An officer who receives an appointment under section 271 of 
this title is considered to have accepted his appointment on its effec-
tive date, unless he expressly declines the appomtment. 
"(b) An officer who has served continuously since he subscribed to 
the oath of office prescribed in section 16 of title 5 is not required to 
take a new oath upon his appointment in a higher grade. 
"§ 274. Promotions; pay and allowances 
"An officer who is promoted under section 271 of this title shall be 
entitled to the pay and allowances of the grade to which promoted 
from his date of rank in such grade. 
"§275. Wartime temporary service promotions 
"(a) In time of war, or of national emergency declared by the 
President or Congress, the President may suspend any section of this 
chapter relating to the selection, promotion, or involuntary separation 
of officers. 
Such a suspension may not continue beyond six months 
after the termination of the war or national emergency. 
"(b) When the preceding sections of this chapter relating to selec-
tion and promotion of officers are suspended in accordance with sub-
section (a), and the needs of the service require, the President may, 
under regulations prescribed by him, promote to a higher grade any 
officer serving on active duty in the grade of ensign or above in the 
Coast Guard. 
"(c) In time of war, or of national emergency declared by the 
President or Congress, the President may, under regulations to be 
prescribed by him, promote to the next higher warrrant officer grade 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
183 
any warrant officer serving on active duty in a grade below chief 
warrant officer, W-4. 
"(d) The grade of commodore in the Coast Guard is established 
for the purposes of this section. 
"(e) A promotion under this section to a grade above lieutenant 
may be made only upon the recommendation of a board of officers 
convened for that purpose. 
"(f) A promotion under this section shall be made hj an appoint-
ment for temporary service. An appointment under this section to a 
grade above captain shall be made by the President by and M^ith the 
advice and consent of the Senate. 
Any other appointments under 
this section shall be made by the President alone. 
"(g) An appointment under this section, unless expressly declined, 
is regarded as accepted on the date specified by the Secretary as the 
date of the appointment, and the officer so promoted is entitled to pay 
and allowances of the grade to which appointed from that date. 
"(h) An appointment under this section does not terminate any 
appointments held by an officer concerned under any other provisions 
of this title. The President may terminate temporary appointments 
made under this section at any time. An appointment under this sec-
tion is effective for such period as the President determines. 
How-
ever, an appointment may not be effective later than six months after 
the end of the war or national emergency. 
When his temporary 
appointment under this section is terminated or expires, the officer 
shall revert to his former grade. 
"(i) Not later than six months after the end of the war or national 
emergency the President shall, under such regulations as he may 
prescribe, reestablish the active duty promotion list with adjustments 
and additions appropriate to the conditions of original appointment 
and wartime service of all officers to be included thereon. The Presi-
dent may, by and with the advice and consent of the Senate, appoint 
officers on the reestablished active duty promotion list to fill vacancies 
in the authorized active duty strength of each grade. 
Such appoint-
ments shall be considered to have been made under section 271 of this 
title. 
"§276. Promotion of officers not included on active duty pro-
motion list 
"Officers who are not included on the active duty promotion list 
may be promoted under regulations to be prescribed by the Secretary. 
These regulations shall, as to officers serving in connection with orga-
nizing, administering, recruiting, instructing, or training the reserve 
components, provide, as nearly as practicable, that such officers will 
be selected and promoted in the same manner and will be afforded equal 
opportunity for promotion as officers of the corresponding grade on 
the active duty promotion list. 
"§277. Temporary promotions of warrant officers 
"Warrant officers may be temporarily promoted to higher warrant 
officer grades under such regulations as the Secretary may prescribe. 
"D. Discharges; Retirements; Revocation of Commissions 
"§ 281. Revocation of commissions during first three years of 
commissioned service 
"The Secretary, under such regulations as he may prescribe, may 
revoke the commission of any regular officer on active duty who, at 
the date of such revocation, has had less than three years of continuous 
service as a commissioned officer in the Regular Coast Guard. 
184 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
^'§282. Regular lieutenants (junior grade); separation for fail-
ure of selection for promotion 
"Each officer of the Regular Coast Guard appointed under section 
211 of this title who is serving in the grade of lieutenant (junior 
grade) and who has failed of selection for promotion to the grade of 
lieutenant for the second time, shall: 
"(1) be honorably discharged on June 30 of the fiscal year in 
which his second failure of selection occurs; or 
"(2) if he so requests, be honorably discharged at an earlier 
date without loss of benefits that would accrue if he were dis-
charged on that date under clause (1) ; or 
"(3) if, on the date specified for his discharge in this section, 
he is eligible for retirement under any law, be retired on that date. 
*'§283. Regular lieutenants; separation for failure of selection 
for promotion; continuation 
" (a) Each officer of the Regular Coast Guard appointed under sec-
tion 211 of this title who is serviu]^ in the grade of lieutenant and who 
has failed of selection for promotion to the grade of lieutenant com-
mander for the second time shall: 
"(1) be honorably discharged on June 30 of the fiscal year in 
which his second failure of selection occurs; or 
"(2) if he so requests, be honorably discharged at an earlier 
date without loss of benefits that would accrue if he were dis-
charged on that date under clause (1); or 
"(3) if, on the date specified for his discharge in this section, 
he is eligible for retirement under any law, be retired on that 
date; or 
"(4) if, on the date specified for his discharge in clause (1), 
he has completed at least eighteen years of active service, be 
retained on active duty and retired on the last day of the month 
in which he completes twenty years of active service, unless earlier 
removed under another provision of law. 
"(b) When the needs of the service require, the Secretary may 
direct a selection board, which has been convened under section 251 
of this chapter, to recommend for continuation on active duty for 
terms of not less than two nor more than four years a designated 
number of officers of the grade of lieutenant who would otherwise be 
discharged or retired under this section. When so directed, the board 
shall recommend for continuation on active duty those officers under 
consideration who are, in the opinion of the board, best qualified for 
continuation. Each officer so recommended may, with the approval 
of the Secretary, and notwithstanding subsection (a), be continued 
on active duty for the term recommended. Upon the completion of 
such a term he shall, unless selected for further continuation, be hon-
orably discharged with severance pay computed under section 286 
of this title, or, if eligible for retirement under any law, be retired. 
"(c) Each officer who has been continued on active duty under sub-
section (b) shall, unless earlier removed from active duty, be retired 
on the last day of the month in which he completes twenty years of 
active service. 
"§284. Regular Coast Guard; officers serving under temporary 
appointments 
"(a) Each officer of the Regular Coast Guard appointed under sec-
tion 214 of this title who is serving in the grade of lieutenant (junior 
grade) or lieutenant and who has failed of selection for promotion to 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
185 
the grade of lieutenant or lieutenant commander, respectively, for the 
second time shall: 
"(1) be honorably discharged on June 30 of the fiscal year in 
which his second failure of selection occurs; or 
"(2) if he so requests, be honorably discharged at an earlier 
date without loss of benefits that would accrue if he were dis-
charged on that date under clause (1) ; or 
"(3) if on the date specified for his discharge in this section he 
is eligible for retirement under any law, be retired under that law 
on that date. 
"(b) Each officer subject to discharge or retirement under subsec-
tion (a) may elect to revert to his permanent grade. 
'*§285. Regular 
lieutenant 
commanders 
and 
commanders; 
retirement for failure of selection for promotion 
"Each officer of the Regular Coast Guard serving in the grade of 
lieutenant commander or commander, who has failed of selection for 
promotion to the grade of commander or captain, respectively, for the 
second time shall: 
"(1) if eligible for retirement under any law on June 30 of 
the fiscal year in which his second failure of selection occurs, be 
retired on that date; or 
"(2) if ineligible for retirement on the date specified in clause 
(1) be retained on active duty and retired on the last day of the 
month in which he completes twenty years of active service, 
unless earlier removed under another provision of law. 
"§ 286. Discharge in lieu of retirement; severance pay 
"(a) Each officer who is retained on active duty under section 
283(a) (4), 283(b), or 285 of this title may, if he so requests, with 
the approval of the Secretary, be honorably discharged at any time 
prior to the date otherwise specified for his retirement or discharge. 
"(b) Each officer discharged under this section or under section 282, 
283, or 284 of this title is entitled to a lump-sum payment computed 
by multiplying his years of active commissioned service, but not more 
than twelve, by two months' basic pay of the grade in which he is 
serving on the date of his discharge. 
In determining the total number 
of years of active service to be used as a multiplier in computing this 
payment, a part of a year that is six months or more is counted as a 
whole year and a part of a year that is less than six months is dis-
regarded. 
The acceptance of a lump-sum payment under this section 
does not deprive a person of any retirement benefits from the United 
States. 
However, there shall be deducted from each of his retire-
ment paj^ments so much thereof as is based on the service for which he 
has received payment under this section until the total amount 
deducted equals the amount of the lump-sum payment. 
"§ 287. Separation for failure of selection for promotion or con-
tinuation; time of 
"If, under section 282,283, 284,285, or 289 of this title, the discharge 
or retirement of any officer would be required less than six months 
following approval of the report of the board which considered but 
did not select him for promotion or continuation, the discharge or 
retirement of such officer shall be deferred until the last day of the 
sixth calendar month after such approval. 
"§288. Regular captains; retirement 
"(a) Each officer of the Regular Coast Guard serving in the grade 
of captain whose name is not carried on an approved list of officers 
selected for promotion to the grade of rear admiral shall, if not earlier 
retired, be retired on June 30 of the fiscal year in which he, or any 
186 
PUBUC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
captain junior to him on the active duty promotion list who has not 
lost numbers or precedence, completes thirty years of active commis-
sioned service in the Coast Guard. 
"(b) Notwithstanding section 423 of this title, the retired pay of an 
officer retired under this section shall not be less than 50 percent of 
the basic pay upon which the computation of his retired pay is based. 
"§289. Captains; 
continuation 
on active 
duty; 
involuntary 
retirement 
" (a) The Secretary may, whenever the needs of the service require, 
but not more often than annually, convene a board consisting of not 
less than six officers of the grade of rear admiral to recommend for 
continuation on active duty officers on the active duty promotion 
list serving in the grade of captain, who during the fiscal year in 
which the Doard meets will complete at least three years' service in 
that grade and who have not been selected for promotion to the grade 
of rear admiral. 
Officers who are subject to retirement under section 
288 of this title during the fiscal year in which the board meets shall 
not be considered by this board. 
"(b) Whenever he convenes a board under this section, the Secre-
tary shall establish a continuation zone. The zone shall consist of 
the most senior captains eligible for consideration for continuation 
on active duty who have not previously been placed in a continuation 
zone under this section. 
The Secretary shall, based upon the needs 
of the service, prescribe the number of captains t-o be included in the 
zone. 
"(c) Based on the needs of the service the Secretary shall furnish 
the board with the number of officers that may be recommended for 
continuation on active duty. 
This number shall be no less than 75 
percent of the number considered. 
The board shall select from the 
designated continuation zone, in the number directed by the Secretary, 
those officers who are, in the opinion of the board, best qualified for 
continuation on active duty. 
"(d) The provisions of sections 253, 254, 258, and 260 of this title 
relating to selection for promotion shall, to the extent that they are 
not inconsistent with the provisions of this section, apply to boards 
convened under this section. 
" (e) The Secretary shall prescribe by regulation the detailed proce-
dures whereby officers in a continuation zone will be selected for con-
tinuation on active duty. 
"(f) A board convened under this section shall submit its report 
to the Secretary. 
If the board has acted contrary to law or regulation, 
the Secretary may return the report for proceedings in revision and 
resubmission to the Secretary. After his final review the Secretary 
Report to 
shall submit the report of the board to the President for his approval. 
President. 
Upon apj)roval by the President, the names of the officers selected for 
continuation on active duty by the board shall be promptly dissemi-
nated to the service at large. Except as required by the procedures of 
this section, the proceedings of the board shall not be disclosed to any 
person not a member of the board. 
"(g) Each officer who is considered but not recommended for con-
tinuation on active duty under the provisions of this section shall, 
unless retired under some other provision of law, be retired on June 30 
of the fiscal year in which the report of the continuation board con-
vened under this section is approved, or the last day of the month 
in which he completes twenty years of active service, whichever is 
later. 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
187 
"§290. Rear admirals; retention on the active list; involuntary 
retirement 
" (a) Any rear admiral, unless retired under some other provision of 
law or retained on active duty under subsection (b) of this section, 
shall be retired on June 30 ol the fiscal year in which he completes 
a total of seven years of service in the permanent grade of rear admiral 
or a total of thirty-five years of active commissioned service, including 
service creditable for retirement purposes under sections 432, 433, 
and 434 of this title. 
"(b) Notwithstanding subsection (a) of this section, the Com-
mandant, with the approval of the Secretary, may by annual action 
retain on active duty from fiscal year to fiscal year any rear admiral 
who would otherwise be retired under subsection (a). A rear 
admiral so retained, unless retired under some other provision of law, 
shall be retired on June 30 of that fiscal year in which no action is 
taken to further retain him under this subsection. 
"(c) Subsections (a) and (b) of this section do not apply to any 
officer serving as Commandant. 
"§ 291. Voluntary retirement after twenty years' service 
"Any regular commissioned officer who has completed twenty years' 
active service in the Coast Guard, Navy, Army, Air Force, or Marine 
Corps, or the Reserve components thereof, including active duty for 
training, at least ten years of which shall have been active commis-
sioned service, may, upon his own application, in the discretion of 
the President, be retired from active service, with retired pay of the 
grade with which retired. 
"§292. Voluntary retirement after thirty years' service 
"Any regular commissioned officer who has completed thirty years' 
service may, upon his own application, in the discretion of the Secre-
tary, be retired from active service with retired pay of the grade with 
which retired. 
"§ 293. Compulsory retirement at age of sixty-two 
"Any regular commissioned officer, except a commissioned warrant 
officer, who has reached the age of sixty-two shall be retired from 
active service, with retired pay of the grade with which retired. 
"§ 294. Retirement for physical disability after selection for pro-
motion; grade in which retired 
"An officer whose name appears on an approved list of officers 
selected for promotion to the next higher grade and who is retired 
for physical disability under the provisions of chapter 61 of title 10 
70A stat. 91. 
prior to being promoted shall be retired in the grade to which he was i^^",^^*^ ^^°^" 
selected for promotion. 
"E. Separation for Cause 
"§ 321. Review of records of officers 
"The Secretary may at any time convene a board of officers to review 
the record of any officer of the Regular Coast Guard to determine 
whether he shall be required to show cause for his retention on active 
duty— 
"(1) because his performance of duty has fallen below the 
standards prescribed by the Secretary, or 
"(2) because of moral dereliction, professional dereliction, or 
because his retention is not clearly consistent with the interests of 
national security. 
1221. 
188 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
"§322. Boards of inquiry 
"(a) Boards of inquiry shall be convened at such places as the 
Secretary may prescribe to receive evidence and make findings and 
recommendations whether an officer who is required to show cause for 
retention under section 321 of this title should be retained on active 
duty. 
"(b) A fair and impartial hearing before a board of inquiry shall 
be given to each officer so required to show cause for retention. 
"(c) If a board of inquiry determines that the officer has failed to 
establish that he should be retained, it shall send the record of its 
proceedings to a board of review. 
"(d) If a board of inquiry determines that the officer has established 
that he should be retained, his case is closed. 
However, at any time 
after one year from the date of the determination in a case arising 
under clause (1) of section 321, and at any time after the date of the 
determination in a case arising under clause (2) of that section, an 
officer may again be required to show cause for retention. 
"§ 323. Boards of review 
"(a) Boards of review shall be convened at such times as the Secre-
tary may prescribe, to review the records of cases of officers recom-
mended by boards of inquiry for removal. 
"(b) It, after reviewing the record of the case, a board of review 
determines that the officer has failed to establish that he should be 
retained, it shall send its recommendation to the Secretary for his 
action. 
"(c) If, after reviewing the record of the case, a board of review 
determines that the officer has established that he should be retained 
on active duty, his case is closed. 
However, at any time after one 
year from the date of the determination in a case arising under clause 
(1) of section 321 and at any time after the date of the determination 
in a case arising under clause (2) of that section, an officer may again 
be required to show cause for retention. 
"§324. Composition of boards 
"(a) A board convened under section 321, 322, or 323 of this title 
shall consist of at least three officers of the grade of commander or 
above, all of whom are serving in a grade senior to the grade of any 
officer considered by the board. 
"(b) No person may be a member of more than one board con-
vened under section 321, 322, or 323 of this title to consider the same 
officer. 
"§325. Rights and procedures 
"Each officer under consideration for removal under section 322 
of this title shall be— 
"(1) notified in writing at least thirty days before the hear-
ing of the case by a board of inquiry of the reasons for which the 
officer is being required to show cause for retention; 
"(2) allowed reasonable time, as determined by the board of 
inquiry under regulations of the Secretary, to prepare his 
defense; 
"(3) allowed to appear in person and by counsel at proceed-
ings before a board of inquiry; and 
"(4) allowed full access to, and furnished copies of, records 
relevant to the case at all stages of the proceeding, except that a 
board shall withhold any records that the Secretarjr determines 
should be withheld in the interests of national security. 
In any 
case where any records are withheld under this clause, the officer 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
189 
whose case is under consideration shall, to the extent that the 
national security permits, be furnished a summary of the records 
so withheld. 
"§ 326. Removal of officer from active duty; action by Secretary 
"The Secretary may remove an officer from active duty if his 
removal is recommended by a board of review under section 323 of 
this title. 
The Secretary's action in such a case is final and con-
clusive. 
"§ 327. Officers considered for removal; retirement or discharge; 
severance benefits 
"(a) At any time during proceedings under section 322 or 323, and 
before the removal of an officer, the Secretary may grant a request— 
"(1) for voluntary retirement, if the officer is otherwise 
qualified therefor; or 
"(2) for honorable discharge with severance benefits under 
subsection (b) in those cases arising under clause (1) of section 
321; or 
"(3) for discharge with severance benefits under subsection 
(b) in those cases arising under clause (2) of section 321. 
"(b) Each officer removed from active duty under section 326 of 
this title shall— 
"(1) if on the date of removal the officer is eligible for volun-
tary retirement under any law, be retired in the grade and with 
the pay for which he would be eligible if retired at his request; 
or 
"(2) if on that date the officer is ineligible for voluntary retire-
ment under any law, be honorably discharged in the grade then 
held with severance pay computed by multiplying his years of 
active commissioned service, but not more than twelve, by one 
month's basic pay of that grade, in those cases arising under clause 
(1) of section 321; or 
"(3) if on that date the officer is ineligible for voluntary retire-
ment under any law, be discharged in the grade then held with 
severance pay computed by multiplying his years of active com-
missioned service, but not more than twelve, by one month's basic 
pay of that grade, in those cases arising under clause (2) of section 
321. 
*T. Miscellaneous Provisions 
**§331. Recall to active duty during war or national emergency 
"In time of war or national emergency, the Secretary may order any 
regular officer on the retired list to active duty. 
"§ 332. Recall to active duty with consent of officer 
"(a) Any regular officer on the retired list may, with his consent, 
be assigned to such duties as he may be able to perform but no officer 
on the retired list who has reached the age of sixty-two years shall be 
recalled in time of peace. 
"(b) The number of retired officers on active duty in the grade of 
lieutenant commander, commander, or captain shall not exceed 1 per-
cent of the authorized number of officers on active duty in each such 
grade. 
"§ 333. Relief of retired officer promoted while on active duty 
"Any regular officer on the retired list recalled to active duty who 
during such active duty is advanced to a higher grade under an 
appointment shall, upon relief from active duty, if his performance 
of duty under such appointment has been satisfactory, be advanced 
on the retired list to the highest grade held while on such active duty. 
101 
190 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
"§ 334. Retirement in cases where higher grade has been held 
"(a) Any commissioned officer, other than a commissioned warrant 
officer, who is retired under anj^ 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, with retired pay 
of the grade with which retired. 
"(b) Any w^arrant officer who is retired under any provision of 
7
0
A Stat. 22, 
section 564, 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, with retired pay of the grade with which retired. 
However, 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 
7
0
A Stat. 104. 
retired under section 1371 of title 10, the retired pay shall be based 
on the higher rate of pay. 
"§ 335. Physical fitness of officers 
"The Secretary shall prescribe regulations under which the physical 
fitness of officers to perform their duties shall be periodically deter-
mined." 
(11) Section 433 is amended— 
(A) by striking out the words "two thousand two hundred and 
fifty" in subsection (a) and substituting in place thereof the words 
"total number of", and 
(B) by adding the following new subsection at the end: 
"(i) No personnel of the former Bureau of Marine Inspection and 
Navigation and Bureau of Customs transferred from those Bureaus 
50 use app. 601 to the Coast Guard by Executive Order 9083 and by Reorganization 
°«- 
Plan Numbered 3, effective July 16, 1946, who are serving as com-
5JJSC i33y-i6 
missioued officers in the Coast Guard, shall be required to retire from 
active service under the provisions of section 288 of this title prior 
to completion of thirty years of active commissioned service, includ-
ing service creditable for retirement purposes under this section, nor 
shall any such officers be subject to the provisions of section 289 of 
this title." 
(12) Section 759a is amended— 
(A) by striking out the figure "436" in subsection (a) and sub-
stituting in place thereof the figure "275"; 
(B) by striking out the figure "435" in subsection (a) and sub-
stituting in place thereof the figure "214". 
(13) Section 791 is amended by striking out the words "for tem-
porary service". 
SEC. 2. (a) Officers who have been placed permanently out of line 
of promotion under laws and regulations of the Secretary in effect 
the day before the effective date of this Act shall be considered as 
having failed of selection for promotion to the next higher grade 
for the second time on the day before the effective date of this Act, 
and shall be subject to the provisions of sections 282 through 285 of 
title 14, United States Code, as appropriate. 
No officer shall be 
separated from the service under the above provisions prior to the 
last day of the sixth calendar month following the effective date of 
this Act. 
(b) Officers who have been placed temporarily out of line of promo-
tion for appointment for temporary service under laws and regulations 
of the Secretary in effect the day before the effective date of this Act 
shall be considered as having once failed of selection for promotion to 
the next higher grade. 
note 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
191 
(c) Officers who, prior to the effective date of this Act, w^ere con-
sidered but not selected for retention on active duty under the provi-
sions of section 248, title 14, United States Code, shall remain subject 
to the provisions of subsections (b) and (c) of that section. 
INTERIM PROVISIONS 
SEC. 3. (a) For a period of three years following the effective date 
of this Act, or until July 1,1966, whichever is longer, the Secretary of 
the Treasury may, whenever the needs of the service require but not 
more than once annually, convene boards to recommend for continua-
tion on active duty officers of the Coast Guard on the active duty 
promotion list in the following categories: 
(1) officers serving in the grade of captain who have not been 
selected for promotion to the grade of rear admiral and who are 
not subject to retirement under section 288 of title 14, United 
States Code, during the fiscal year in which a board is convened 
under this section, and 
(2) officers serving in the grade of commander. 
(b) Officers who are selected for promotion after the effective date 
of this Act and officers who are serving as extra numbers in grade 
under section 432 or 433, title 14, United States Code, may not be con-
sidered by boards convened under this section. 
(c) No officer may be considered more than once for continuation 
on active duty by a board convened under this section. 
(d) At the time he convenes a board to recommend officers for con-
tinuation on active duty under this section, the Secretary shall estab-
lish a continuation zone for the category to be considered. 
The con-
tinuation zone for each category shall consist of the most senior officers 
of that category who have not previously been considered for con 
tinuation under this section. The zone shall include such number of 
officers as the Secretary determines to be necessary to meet the needs 
of the service. 
(e) The Secretary shall furnish a board convened under this section 
with the names and records of the officers who shall be considered by 
the board, and, based on the needs of the service, the number of officers 
that may be recommended for continuation on active duty. 
In the 
case of officers serving in the grade of captain this number shall not be 
less than 90 percent of the total number of captains in the continuation 
zone. In the case of officers serving in the grade of commander this 
number shall not be less than 80 percent of the total number of com-
manders in the continuation zone. 
(f) A board convened under this section shall consist of six or more 
officers who are serving on active duty in any grade above the grade 
being considered for continuation. 
(g) Before a board is convened under this section, notice of the 
convening date, the zone to be considered, and the number of officers to 
be continued on active duty shall be given the service at large. 
Any 
officer to be considered by the board may send a communication through 
official channels to the board, to arrive not later than the date the 
board convenes^ inviting attention to any matter of record in the Coast 
Guard concerning himself. 
A communication sent under this section 
may not criticize any officer or reflect upon his character, conduct, or 
motives. 
(h) Each member of a board convened under this section shall swear 
or affirm that he will, without prejudice or partiality, and having in 
view both the special fitness of officers and the efficiency of the Coast 
Guard, perform the duties imposed upon him. 
192 
PUBLIC LAW 88-130-SEPT. 24, 1963 
[77 STAT. 
(i) A board convened under this section shall recommend for con-
tinuation on active duty those officers in the zone whom the board 
considers best qualified for continuation. 
(j) A board convened under this section shall submit its report to 
the Secretary. 
If the board has acted contrary to law or regulation, 
the Secretary may return the report for proceedings in revision and 
resubmission to the Secretary. 
After his final review the Secretary 
shall submit the report of the board to the President for his approval. 
Upon approval by the President, the names of the officers selected 
for continuation on active duty by the board shall be promptly dis-
seminated to the service at large. 
Except as required by the proce-
dures of this section, the proceedings of the board shall not be dis-
closed to any person not a member of the board. 
(k) The Secretary shall prescribe regulations governing the 
detailed procedure whereby officers in a designated zone will be 
selected for continuation on active duty. 
(1) Each officer who is considered for continuation on active duty 
under this section and who is not recommended for continuation in 
the approved report of the board shall not thereafter be eligible for 
promotion and, unless earlier retired under some other provision of 
law, shall be retired on June 30 of the fiscal year in which the report 
of the board is approved, or on the last day of the month in which he 
completes twenty years of active service, whichever is later. 
(m) Each officer who is retired under this section shall be paid, in 
addition to his retired pay, a lump-sum payment of $2,000, effective 
on the date of his retirement. 
(n) An officer whose retirement is required under this section shall 
be considered for the purposes of subsection (m) of this section as 
being retired under this section if the officer retires voluntarily prior 
to the date specified for his retirement under this section. 
(o) Notwithstanding subsection (1) above, no officer shall be retired 
under this section until the last day of the sixth month following the 
month in which the report of the board which considered him is 
approved. 
(p) Notwithstanding the provisions of subsection (1) of this sec-
tion, any officer who has failed of selection for continuation may, at 
his own request, and with the approval of the Secretary, at any time 
prior to completion of twenty years of active service, be honorably 
flischarged with severance pay computed in accordance with section 
286 of title 14, United States Code. 
75 Stat. 810. 
(q) Notwithstanding section 1431 of title 10, United States Code, 
an original election, change, or revocation of an election made under 
that section by an officer who— 
(1) is considered for continuation on active duty under this 
section, and 
(2) is not recommended for continuation, and 
(3) either retires under this section, or voluntarily retires 
under another provision of law before the date specified for his 
retirement under this section, 
is effective if such original election, change, or revocation is made 
prior to the convening date of the board which considers him. 
REPEALS 
SEC. 4. (a) Sections 435, 436, 437, 439, and 440 of title 14, United 
States Code, are repealed. 
1
4 use 435 note. 
(b) The Act of September 21, 1961 (75 Stat. 538), is repealed. 
77 STAT. ] 
PUBLIC LAW 88-130-SEPT. 24, 1963 
193 
(c) The analysis of chapter 11 of title 14, United States Code, is 
amended by striking out the following items: 
"435. Temporary appointments in time of war or national emergency. 
"436. Temporary promotions in time of war or national emergency. 
"437. OflScers having less than 20 years of service; discharge during war or 
emergency for unsatisfactory performance of duty, 
"439. Oath of office. 
"440. Temporary promotions of warrant officers." 
SAVING CLAUSES 
SEC. 5. (a) Officers in each grade who have been recommended as 
qualified for temporary promotion under laws and regulations in 
effect the day before the effective date of this Act but not promoted 
to the grade for which they were recommended shall be placed on a 
list of selectees in order of their precedence, and they shall be promoted 
as if they had been selected for promotion in the approved report of a 
selection board convened under this Act. 
(b) Officers who have been recommended for promotion to the grade 
of rear admiral under laws and regulations in effect the day before 
the effective date of this Act but have not been promoted to that grade 
shall be promoted as if they had been so recommended in the approved 
report of a selection board convened under this Act. 
(c) The enactment of this Act does not terminate the appointment 
of any officer. 
(d) An officer of the Regular Coast Guard who on the day before 
the effective date of this Act had been promoted to and was serving 
on active duty in a temporary grade higher than his permanent grade 
shall be considered to have been promoted to that grade under section 
271 of title 14, United States Code. 
(e) An officer of the Regular Coast Guard who was appointed as 
a temporary commissioned officer under any provision of law in effect 
prior to the effective date of this Act and who is serving on active duty 
shall be considered to have been appointed under section 214 of title 
14, United States Code, and subject to the provisions thereof. 
(f) Each officer who would have been required to retire on June 
30,1962, under the provisions of section 288 of title 14, United States 
Code, had that section been in effect on that date, shall be retired on 
the last day of the sixth month following the month in which this Act 
becomes effective. 
If, under section 288 of title 14, United States 
Code, the retirement of any other officer would be required after 
June 30, 1962, but less than six months following the effective date 
of this Act, his retirement shall be deferred until the last day of the 
twelfth month following the month in which this Act becomes effective, 
or June 30, 1964, whichever is earlier. 
(g) The enactment of this Act does not increase or decrease the 
retired pay of any person retired on or prior to the effective date of 
this Act. 
(h) Notwithstanding section 1431 of title 10, United States Code, an 
75 stat. sio. 
original election, change, or revocation of an election, made under that 
section by an officer who is retired under the provisions of section 
282, 283, 284, 285, or 288 of title 14, United States Code, is effective if 
made prior to the first day of the third month following the month 
in which this Act is enacted. 
EFFECTIVE DATE 
SEC. 6. Section 289 of title 14, United States Code, as enacted by 
section 1(10) (C) of this Act, becomes effective three years after the 
effective date of this Act, or on July 1, 1966, whichever is later. 
Approved September 24, 1963. 
93-025,0-64-15