14 U.S. Code Chapter 11 - PERSONNEL

OFFICERS
a. appointments

Sec. 211. Original appointment of permanent commissioned officers. [212, 213. Repealed.] 214. Appointment of temporary officers. 215. Rank of warrant officers. [216 to 248. Repealed.]
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. 256a. Promotion year; defined. 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. 263. Special selection boards; correction of errors.
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. Repealed.]
d. discharges; retirements; revocation of commissions

281. Revocation of commissions during first five 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; separation pay. 286a. Regular warrant officers: separation 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 and rear admirals (lower half); continuation on active duty; involuntary retirement. 291. Voluntary retirement after twenty years’ service. 292. Voluntary retirement after thirty years’ service. 293. Compulsory retirement. 294. Retirement for physical disability after selection for promotion; grade in which retired. 295. Deferment of retirement or separation for medical reasons. [301 to 315. Repealed.]
e. separation 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; separation 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. Grade on retirement. 335. Physical fitness of officers. 336. United States Coast Guard Band; composition; director. ENLISTED MEMBERS 350. Recruiting campaigns. 351. Enlistments; term, grade. 352. Promotion. 353. Compulsory retirement at age of sixty-two. 354. Voluntary retirement after thirty years’ service. 355. Voluntary retirement after twenty years’ service. [356. Repealed.] 357. Involuntary retirement of enlisted members. [358. Repealed.] 359. Recall to active duty during war or national emergency. 360. Recall to active duty with consent of member. 361. Relief of retired enlisted member promoted while on active duty. 362. Retirement in cases where higher grade or rating has been held. [363, 364. Repealed.] 365. Extension of enlistments. 366. Retention beyond term of enlistment in case of disability. 367. Detention beyond term of enlistment. [368. Repealed.] 369. Inclusion of certain conditions in enlistment contract. 370. Discharge within three months before expiration of enlistment. 371. Aviation cadets; procurement; transfer. 372. Aviation cadets; benefits. 373. Aviation cadets; appointment as Reserve officers. 374. Critical skill training bonus. GENERAL PROVISIONS 421. Retirement. 422. Status of recalled personnel. 423. Computation of retired pay. 424. Limitations on retirement and retired pay. 424a. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution. 425. Board for Correction of Military Records deadline. 426. Emergency leave retention authority. 427. Prohibition of certain involuntary administrative separations. SPECIAL PROVISIONS [431. Repealed.] 432. Personnel of former Lighthouse Service. [433 to 440. Repealed.]
Historical and Revision Notes

This chapter, dealing with the appointment, enlistment, promotion, retirement and recall of all military personnel, covers subject matter which has been greatly affected by war-time legislation and, therefore, has required rather extensive rewriting of existing law in order to correlate all of the various provisions. An attempt has been made to provide for enlisted men and warrant officers in a manner similar to the way that commissioned officers are provided for; for example, the act of February 21, 1946, ch. 34, 60 Stat. 29 (title 14, U.S.C., 1946 ed., § 162a), made provision for the retirement of commissioned officers on half pay after twenty years naval service, and a prewar statute provided for twenty year retirement of enlisted men on half pay. This leaves warrant officers the only military group not eligible for retirement in twenty years, and a provision such as found in section 305 of this title, granting such retirement, seems clearly indicated in order to avoid unjust discrimination.
The subject matter seemed to break down into the sub-heads of “Commissioned Officers”, “Warrant Officers”, “Enlisted Men”, and “General Provisions”. Each of the first three sub-heads parallels the other two, insofar as the applicability of statutes of the three groups permits. The last sub-head includes the broad provisions which, in the same terms, can be made applicable to all military personnel. In accord with existing Navy and Coast Guard law, the term “commissioned officer” includes commissioned warrant officers unless specifically excepted, or manifestly inapplicable. Heretofore Coast Guard statutes have designated commissioned warrant officers as chief warrant officers; in line with Navy designation it is changed to commissioned warrant officers throughout this title. Terms such as “Coast Guard personnel” or “personnel of the Coast Guard”, as used throughout this title, are intended to include all employees of the Service, civilian and military. 81st Congress, House Report No. 557.
Amendments

2012—Pub. L. 112–213, title II, §§ 208(d), 209(b),Dec. 20, 2012, 126 Stat. 1549, 1550, added items 263 and 427.
2010—Pub. L. 111–281, title II, §§ 207(b), 209, 215 (b),Oct. 15, 2010, 124 Stat. 2912, 2917, struck out item 216 “Director of Boating Safety Office”, substituted “Compulsory retirement” for “Compulsory retirement at age of sixty-two” in item 293, and added item 426.
2006—Pub. L. 109–241, title II, § 215(b),July 11, 2006, 120 Stat. 525, added item 216.
2004—Pub. L. 108–293, title II, § 204(b),Aug. 9, 2004, 118 Stat. 1032, added item 374.
2002—Pub. L. 107–295, title IV, §§ 416(b), 444(b),Nov. 25, 2002, 116 Stat. 2122, 2133, substituted “five” for “three” in item 281 and “separation” for “severance” in items 286, 286a, and 327 and added item 424a.
1996—Pub. L. 104–324, title II, §§ 209(b), 210(b), 211 (b),Oct. 19, 1996, 110 Stat. 3914, 3915, substituted “Appointment” for “Original appointment” in item 214, struck out item 277 “Temporary promotions of warrant officers”, and added item 425.
1994—Pub. L. 103–337, div. A, title V, § 541(e)(2), (f)(5)(B),Oct. 5, 1994, 108 Stat. 2766, 2767, struck out items 212 “Original appointment of permanent commissioned warrant officers” and 213 “Original appointment of permanent warrant officers (W–1)” and added item 215.
1991—Pub. L. 102–241, § 6(b),Dec. 19, 1991, 105 Stat. 2212, substituted “Involuntary retirement of enlisted members” for “Enlisted Personnel Board” in item 357.
1986—Pub. L. 99–640, § 10(a)(6)(B),Nov. 10, 1986, 100 Stat. 3549, struck out items 431, 433, 434, and 438.
1985—Pub. L. 99–145, title V, § 514(c)(2)(B),Nov. 8, 1985, 99 Stat. 629, substituted “rear admirals (lower half)” for “commodores” in item 290.
1984—Pub. L. 98–557, §§ 15(a)(4)(B)(ii), (C)(ii), (E)(ii), 17(b)(2)(B),Oct. 30, 1984, 98 Stat. 2865, 2866, 2867, added item 295, in heading preceding item 350 substituted “MEMBERS” for “MEN”, in item 360 substituted “member” for “man”, and in item 361 substituted “enlisted member” for “man”.
1983—Pub. L. 97–417, § 2(9)(B),Jan. 4, 1983, 96 Stat. 2086, inserted “and commodores” after “Rear admirals” in item 290.
1982—Pub. L. 97–322, title I, § 115(b)(2),Oct. 15, 1982, 96 Stat. 1585, struck out item 368.
1980—Pub. L. 96–513, title V, § 505(a)(2),Dec. 12, 1980, 94 Stat. 2918, added item 286a.
1976—Pub. L. 94–546, § 1(18),Oct. 18, 1976, 90 Stat. 2520, added item 256a.
1972—Pub. L. 92–451, § 1(9),Oct. 2, 1972, 86 Stat. 757, substituted “continuation on active duty” for “retention on the active list” in item 290.
1966—Pub. L. 89–444, § 1(25),June 9, 1966, 80 Stat. 197, substituted “Grade on retirement” for “Retirement in cases where higher grade has been held” in item 334, and added items 371, 372, and 373.
1965—Pub. L. 89–189, § 1(2),Sept. 17, 1965, 79 Stat. 820, added item 336.
1963—Pub. L. 88–130, §§ 1(9), (10)(B), 4 (c),Sept. 24, 1963, 77 Stat. 175, 177, 193, added items 211 to 214, 251 to 262, 271 to 277, 281 to 294, 321 to 327, 331 to 335, struck out items 221 to 248, 301 to 313a, 435 to 437, 439, and 440, and struck out headings “COMMISSIONED OFFICERS” and “WARRANT OFFICERS” which preceded sections 221 and 301, respectively, of this title.
Pub. L. 88–114, § 1(3),Sept. 6, 1963, 77 Stat. 144, struck out item 358.
1959—Pub. L. 86–155, § 10(a)(2),Aug. 11, 1959, 73 Stat. 338, struck out items 239 and 309.
1958—Pub. L. 85–861, § 33(b)(2),Sept. 2, 1958, 72 Stat. 1567, added item 440.
1957—Pub. L. 85–144, §§ 2(b), 3,Aug. 14, 1957, 71 Stat. 367, added item 313a and struck out items 303, 304, 305, 307, 308, and 313.
1956—Act Aug. 10, 1956, ch. 1041, §§ 7(b), 8(b), 9(b), 70A Stat. 620, 623, added items 350 and 435 to 438, and substituted “Enlistments; term, grade” for “Enlistments” in item 351.
Act July 20, 1956, ch. 647, § 3(b),70 Stat. 588, added item 439.
1955—Act Aug. 9, 1955, ch. 684, § 1(1),69 Stat. 620, added items 245 to 248.
Act June 8, 1955, ch. 136, § 1,69 Stat. 88, added item 370.
1950—Act Aug. 3, 1950, ch. 536, § 4,64 Stat. 406, struck out items 233, 245, 246, 306, 314, 315, 356, 363, 364, and 425.
Year-End Strength for Active Duty Personnel and Average Military Training Student Loads for Each Fiscal Year After Fiscal Year 1977; Authorization and Appropriations

Pub. L. 94–406, § 6,Sept. 10, 1976, 90 Stat. 1236, which had required that Congress set the active duty end strength and average training student loads for each fiscal year for the Coast Guard, appropriations for those years not to be spent relating to those areas until Congress made such determination, was repealed and reenacted as section 661 of this title by Pub. L. 97–295, §§ 2(20)(A), 6(b),Oct. 12, 1982, 96 Stat. 1302, 1314.

 

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