Laws: Cases and Codes : U.S. Code : Title 14
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U.S. Code as of:
01/19/04
Chapter 11 - Notes
OFFICERS
A. APPOINTMENTS
Sec.
211. Original appointment of permanent commissioned
officers.
[212, 213. Repealed.]
214. Appointment of temporary officers.
215. Rank of warrant officers.
[221 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 Repealed.]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.
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 Repealed.]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; severance pay.
286a. Regular warrant officers: 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 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 at age of sixty-two.
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; 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. 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.
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.
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.,
Sec. 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.
-STATAMEND-
AMENDMENT OF ANALYSIS
Pub. L. 107-295, title IV, Sec. 416(b)(2)-(4), (c), Nov. 25,
2002, 116 Stat. 2122, provided that, effective 4 years after Nov.
25, 2002, the table of sections for this chapter is amended by
substituting "separation" for "severance" in items 286, 286a, and
327.
-MISC2-
AMENDMENTS
2002 - Pub. L. 107-295, title IV, Secs. 416(b)(1), 444(b), Nov.
25, 2002, 116 Stat. 2122, 2133, substituted "five" for "three" in
item 281 and added item 424a.
1996 - Pub. L. 104-324, title II, Secs. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Secs. 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, Sec. 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, Sec. 115(b)(2), Oct. 15, 1982, 96
Stat. 1585, struck out item 368.
1980 - Pub. L. 96-513, title V, Sec. 505(a)(2), Dec. 12, 1980, 94
Stat. 2918, added item 286a.
1976 - Pub. L. 94-546, Sec. 1(18), Oct. 18, 1976, 90 Stat. 2520,
added item 256a.
1972 - Pub. L. 92-451, Sec. 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, Sec. 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, Sec. 1(2), Sept. 17, 1965, 79 Stat. 820,
added item 336.
1963 - Pub. L. 88-130, Secs. 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, Sec. 1(3), Sept. 6, 1963, 77 Stat. 144, struck
out item 358.
1959 - Pub. L. 86-155, Sec. 10(a)(2), Aug. 11, 1959, 73 Stat.
338, struck out items 239 and 309.
1958 - Pub. L. 85-861, Sec. 33(b)(2), Sept. 2, 1958, 72 Stat.
1567, added item 440.
1957 - Pub. L. 85-144, Secs. 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, Secs. 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, Sec. 3(b), 70 Stat. 588, added item
439.
1955 - Act Aug. 9, 1955, ch. 684, Sec. 1(1), 69 Stat. 620, added
items 245 to 248.
Act June 8, 1955, ch. 136, Sec. 1, 69 Stat. 88, added item 370.
1950 - Act Aug. 3, 1950, ch. 536, Sec. 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, Sec. 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, Secs.
2(20)(A), 6(b), Oct. 12, 1982, 96 Stat. 1302, 1314.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 286, 728 of this title.
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