(a)Each officer of the Regular Coast Guard appointed under section
211 of this title who is serving in the grade of lieutenant and who has failed of selection for promotion to the grade of lieutenant commander for the second time shall:
(1)be honorably discharged on June 30 of the promotion 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 discharged on that date under clause (1); or
(3)if, on the date specified for his discharge in this section, he has completed at least 20 years of active service or 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.
(1)When the needs of the service require, the Secretary may direct a selection board, which has been convened under section
251 of this title, 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.
(2)Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation—
(A)except as provided in subparagraph (B), be honorably discharged with separation pay computed under section
286 of this title;
(B)in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or
(C)if, on the date specified for the officer’s discharge under this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.
(c)Each officer who has been continued on active duty under subsection (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.
2002—Subsec. (b)(2)(A). Pub. L. 107–295substituted “separation” for “severance”.
1996—Subsec. (b). Pub. L. 104–324designated existing provisions as par. (1), struck out “Upon the completion of such a term he shall, unless selected for further continuation, be honorably discharged with severance pay computed under section
286 of this title, or, if eligible for retirement under any law, be retired.” at end of par. (1), and added par. (2).
1982—Subsec. (b). Pub. L. 97–295substituted “of this title” for “of this chapter” after “section
1976—Subsec. (a)(1). Pub. L. 94–546substituted “promotion year” for “fiscal year”.
1974—Subsec. (a)(3). Pub. L. 93–283substituted “he has completed at least 20 years of active service or is eligible” for “he is eligible”.
Savings provisions in section 5(g) ofPub. L. 88–130providing that Pub. L. 88–130does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section
211 of this title.
Effectiveness of Election, Change, or Revocation of Election of Annuity
Savings provisions in section 5(h) ofPub. L. 88–130providing that notwithstanding section
1431 of Title
10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section
211 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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