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14 U.S.C. § 2143 — Regular lieutenants; separation for failure of selection for promotion; continuation
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each officer of the Regular Coast Guard appointed under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2101&num=0&edition=prelim) 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.
**(b)**
(1) When the needs of the service require, the Secretary may direct a selection board, which has been convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim), 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
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Stable record: federal_law:legal_authorities:record_usc_3e763ba7dd02605419d0f713
Source file: Laws/federal/codes/united-states-code/title-14/section-2143-regular-lieutenants-separation-for-failure-of-selection-for-promotion-co--70950d5824.md
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Source location: Title 14, Chapter 21, § 2143; chapter-021-personnel-officers.md
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**(a)** Each officer of the Regular Coast Guard appointed under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2101&num=0&edition=prelim) 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.
**(b)**
(1) When the needs of the service require, the Secretary may direct a selection board, which has been convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim), 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 2146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146&num=0&edition=prelim);
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to all members of the armed forces except—
(1) members whose names are on a retired list other than a list maintained under [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim);
(2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and
(3) midshipmen.
**(b)** To provide an annuity under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434&num=0&edition=prelim), a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An elect
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The President may appoint permanent commissioned officers in the Regular Coast Guard in grades appropriate to their qualification, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:
(A) Graduates of the Coast Guard Academy.
(B) Commissioned warrant officers, warrant officers, and enlisted members of the Regular Coast Guard.
(C) Members of the Coast Guard Reserve who have served at least 2 years as such.
(D) Licensed officers of the United States merchant marine who have served 2 or more years aboard a vessel of the United States in the capacity of a licensed officer.
(2) Original appointments under this section in the grades of lieutenant commander and above shall be made by the President by and with the advice and consent of the Senate.
(3) Original appointments under this section in the grades of ensign through lieutenant shall be made by the President alone.
**(b)** No individual shall be 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 commissions 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.
**(d)** For the purposes of this section, the term “original”, with respect to the appointment of a member of the Coast Guard, refers to that member’s most recent appointment in the Coast Guard that is neither a promotion nor a demotion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
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. However, 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2106
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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 141
TITLE 14—COAST GUARD
§ 2143
(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 is eligible for retirement
under any law, be retired on that date.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 184, § 282; amended Pub. L. 94–546, § 1(21),
Oct. 18, 1976, 90 Stat. 2520; renumbered § 2142 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, § 123(b)(2), substituted ‘‘section
2101’’ for ‘‘section 211’’ in introductory provisions.
Pub. L. 115–282, § 112(b), renumbered section 282 of this
title as this section.
1976—Pub. L. 94–546 substituted ‘‘promotion year’’ for
‘‘fiscal year’’ in cl. (1).
Statutory Notes and Related Subsidiaries
RETIRED PAY ON OR PRIOR TO SEPTEMBER 24, 1963
Savings provisions in section 5(g) of Pub. L. 88–130
providing that Pub. L. 88–130 does not affect the retired
pay of anyone retired on or prior to Sept. 24, 1963, are
set out as a note under section 2101 of this title.
EFFECTIVENESS OF ELECTION, CHANGE, OR REVOCATION
OF ELECTION OF ANNUITY
Savings provisions in section 5(h) of Pub. L. 88–130
providing that notwithstanding section 1431 of Title 10,
Armed Forces, an election, change or revocation there-
of 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 2101 of this title.
§ 2143. Regular lieutenants; separation for failure
of selection for promotion; continuation
(a) Each officer of the Regu
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2143
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