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14 U.S.C. § 2151 — Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2151 — Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

**(a)** The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in or above the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consideration for continuation during a promotion year in which that officer completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral. **(b)** The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation. **(c)** The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section. **(d)** A board convened under this section shall submit its repor

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Source file: Laws/federal/codes/united-states-code/title-14/section-2151-rear-admirals-and-rear-admirals-lower-half-continuation-on-active-duty-i--36c543317f.md
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Source location: Title 14, Chapter 21, § 2151; chapter-021-personnel-officers.md

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**(a)** The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in or above the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consideration for continuation during a promotion year in which that officer completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral. **(b)** The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officers being considered for continuation. **(c)** The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section. **(d)** A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After final review the Secretary shall submit the report of the board to the President for approval. **(e)** Each officer who is considered but not continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on July 1 of the promotion year immediately following the promotion year in which the report of the continuation board convened under this section is approved. **(f)** (1) Unless retired under another provision of law, each officer who is continued on active duty under this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes seven years of combined service in the grades of rear admiral (lower half) and rear admiral, unless that officer is selected for or serving in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy. (2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy, or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph. **(g)** (1) Unless retired under another provision of law, an officer subject to this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes a total of thirty-six years of active commissioned service unless selected for or serving in the grade of admiral. (2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2101 — Original appointment of permanent commissioned officers

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 202 — Pay grades: retired Coast Guard rear admirals (lower half)

An officer of the Coast Guard holding a permanent appointment in the grade of rear admiral (lower half) on the retired list, and who in time of war or national emergency has served satisfactorily on active duty for two years in that grade or in a higher grade, is entitled when on active duty to the basic pay of a rear admiral.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2103 — Number and distribution of commissioned officers on active duty promotion list

**(a) Maximum Total Number.—** (1) **In general.—** — The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed— (A) 7,100 in fiscal year 2022; (B) 7,200 in fiscal year 2023; (C) 7,300 in fiscal year 2024; and (D) 7,400 in fiscal year 2025 and each subsequent fiscal year. (2) **Temporary increase.—** — Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. (3) **Notification.—** — Not later than 30 days after exceeding the total number of commissioned officers permitted under paragraphs (1) and (2), and each 30 days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraphs (1) and (2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period. **(b) Distribution Percentages by Grade.—** (1) **Required.—** — The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander. (2) **Discretionary.—** — The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. (3) **Authority of secreta

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2148 — Separation for failure of selection for promotion or continuation; time of

If, under section 2142, 2143, 2144, 2145, 2150, or 2151 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 301 — Grades and ratings

**(a) In General.—** In the Coast Guard, there shall be— (1) admirals (two); (2) vice admirals; (3) rear admirals; (4) rear admirals (lower half); (5) captains; (6) commanders; (7) lieutenant commanders; (8) lieutenants; (9) lieutenants (junior grade); (10) ensigns; (11) chief warrant officers; (12) cadets; (13) warrant officers; and (14) enlisted members. **(b) Enlisted Members.—** Enlisted members shall be distributed in ratings established by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 302 — Commandant; appointment

**(a) appointment.—** 11 So in original. Probably should be capitalized.The President may appoint, by and with the advice and consent of the Senate, one Commandant for a period of four years, who shall act as Chief of the Coast Guard. **(b) Reappointment.—** In time of war or during a national emergency declared by Congress, the Commandant may be reappointed for a term of not more than 4 years. **(c) Term.—** The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. The Commandant shall be appointed from the officers on the active duty promotion list serving above the grade of captain who have completed at least ten years of active service as a commissioned officer in the Coast Guard. **(d) Grade.—** The Commandant while so serving shall have the grade of admiral.

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 303 — Vice Commandant; appointment

The President may appoint, by and with the advice and consent of the Senate, one Vice Commandant who shall rank next after the Commandant, shall perform such duties as the Commandant may prescribe and shall act as Commandant during the absence or disability of the Commandant or in the event that there is a vacancy in the office of Commandant. The Vice Commandant shall be selected from the officers on the active duty promotion list serving above the grade of captain. The Commandant shall make recommendation for such appointment. The Vice Commandant shall, while so serving, have the grade of admiral with pay and allowances of that grade. The appointment and grade of a Vice Commandant shall be effective on the date the officer assumes that duty, and shall terminate on the date the officer is detached from that duty, except as provided in [section 306(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section306/d&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 305 — Vice admirals

**(a)** (1) The President shall— (A) designate, within the Coast Guard, no more than five positions of importance and responsibility that shall be held by officers who, while so serving— (i) shall have the grade of vice admiral, with the pay and allowances of that grade; and (ii) shall perform such duties as the Commandant may prescribe, except that if the President designates five such positions, one position shall oversee personnel management, workforce, and dependent support, training, and related matters; and (B) designate, within the executive branch, other than within the Coast Guard or the National Oceanic and Atmospheric Administration, positions of importance and responsibility that shall be held by officers who, while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade. (2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments. (3) (A) Except as provided in subparagraph (B), one of the vice admirals designated under paragraph (1)(A) must have at least 10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in the design and construction of commercial vessels, with at least 4 years of leadership experience at a staff or unit carrying out marine safety functions and shall serve as the principal advisor to the Commandant on these issues. (B) The requirements of subparagraph (A) do not apply to such vice admiral if the subordinate officer serving in the grade of rear admi

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 306 — Retirement

**(a)** An officer, other than the Commandant or Vice Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served satisfactorily, as determined under [section 2501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2501&num=0&edition=prelim). **(b)** An officer, other than the Commandant or Vice Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served satisfactorily, as determined under [section 2501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2501&num=0&edition=prelim). **(c)** An officer, other than the Commandant or Vice Commandant, who, after serving less than 2½ years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade if performance of duties in such grade is determined to have been satisfactory pursuant to [section 2501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2501&num=0&edition=prelim). **(d)** An officer serving in the grade of admiral or vice admiral shall continue to hold that grade— (1) while being processed for physical disability retirement, beginning on the day of the processing and ending on the day that officer is retired, but not for more than 180 days; and (2) while awaiting retirement, beginning on the day that officer is relieved from the position of Commandan

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 306

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2151 — Rear admirals and rear admirals (lower

Page 146 TITLE 14—COAST GUARD § 2151 (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 186, § 289; amended Pub. L. 94–546, § 1(26), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–417, § 2(8), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(3), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 104–324, title II, § 203, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, § 414, Nov. 25, 2002, 116 Stat. 2120; renumbered § 2150 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(18), Jan. 1, 2021, 134 Stat. 4748.) Editorial Notes AMENDMENTS 2021—Subsec. (f). Pub. L. 116–283 substituted ‘‘indi- vidual who is’’ for ‘‘person’’. 2018—Pub. L. 115–282, § 112(b), renumbered section 289 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sections 2108, 2109, 2115, and 2117’’ for ‘‘sections 253, 254, 258, and 260’’. Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’ in two places. 2002—Subsec. (h). Pub. L. 107–295 added subsec. (h). 1996—Subsec. (f). Pub. L. 104–324 struck out ‘‘Upon ap- proval by the President, the names of the officers se- lected for continuation on active duty by the board shall be promptly disseminated to the service at large.’’ after ‘‘for his approval.’’ 1989—Subsec. (c). Pub. L. 101–225 substituted ‘‘50 per- cent’’ for ‘‘75 percent’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ in two places. 1983—Subsec. (a). Pub. L. 97–417 substit

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