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14 U.S.C. § 2164 — Officers considered for removal; retirement or discharge; separation benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time during proceedings under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim), 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 discharge with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim).
**(b)** Each officer removed from active duty under [section 2163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2163&num=0&edition=prelim) shall—
(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or
(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim), unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.
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Stable record: federal_law:legal_authorities:record_usc_2d0c8b3409daa8a48b3277ad
Source file: Laws/federal/codes/united-states-code/title-14/section-2164-officers-considered-for-removal-retirement-or-discharge-separation-benef--254d5c9b0d.md
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Source location: Title 14, Chapter 21, § 2164; chapter-021-personnel-officers.md
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**(a)** At any time during proceedings under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim), 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 discharge with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim).
**(b)** Each officer removed from active duty under [section 2163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2163&num=0&edition=prelim) shall—
(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or
(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim), unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim) 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 recommend to the Secretary that the officer not be retained on active duty.
**(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 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim), 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2159
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may remove an officer from active duty if his removal is recommended by a board of inquiry under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim). The Secretary’s action in such as case is final and conclusive.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2163
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each officer who is retained on active duty under section 2143(a)(4), 2143(b), or 2145 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)** An officer of the Regular Coast Guard who is discharged under this section or section 2142, 2143, or 2144 of this title and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim).
**(c)** An officer of the Regular Coast Guard who is discharged under [section 2164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2164&num=0&edition=prelim) and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge or release is entitled to separation pay computed under subsection (d)(1) or (d)(2) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) as determined under regulations promulgated by the Secretary.
**(d)** Notwithstanding subsections (a) and (b), an officer discharged under this chapter for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer requested in writing or otherwise sought not to be selected for promotion, or requested removal from the list of selectees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2146
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Federal law — U.S. Code and appendices · legal_authorities
Page 150
TITLE 14—COAST GUARD
§ 2160
§ 2160. Boards of review
(a) Boards of review shall be convened at such
times as the Secretary may prescribe, to review
the records of cases of officers recommended by
boards of inquiry for removal.
(b) If, 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 determina-
tion in a case arising under clause (1) of section
2158 of this title 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.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 188, § 323; amended Pub. L. 97–295, § 2(10),
Oct. 12, 1982, 96 Stat. 1302; renumbered § 2160 and
amended Pub. L. 115–282, title I, §§ 112(b),
123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282, § 112(b), renumbered section 323
of this title as this section.
Subsec. (c). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 2158’’ for ‘‘section 321’’.
1982—Subsec. (c). Pub. L. 97–295 inserted ‘‘of this
title’’ after ‘‘section 321’’.
§ 2161. Composition of boards
(a) A board convened under section 2158, 2159,
or 2160 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 individual may be a m
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2164
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.