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14 U.S.C. § 2148 — Separation for failure of selection for promotion or continuation; time of
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-14/section-2148-separation-for-failure-of-selection-for-promotion-or-continuation-time-o--ac4f7ecf5f.md
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Source location: Title 14, Chapter 21, § 2148; chapter-021-personnel-officers.md
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2151
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Federal law — U.S. Code and appendices · legal_authorities
Page 144
TITLE 14—COAST GUARD
§ 2148
(c) In determining a member’s years of active
service for the purpose of computing separation
pay under this section, each full month of serv-
ice that is in addition to the number of full
years of service creditable to the member is
counted as one-twelfth of a year and any re-
maining fractional part of a month is dis-
regarded.
(d) The acceptance of separation pay under
this section does not deprive an individual of
any retirement benefits from the United States.
However, there shall be deducted from each of
his retirement payments so much thereof as is
based on the service for which he has received
separation pay under this section, until the
total deductions equal the amount of such sepa-
ration pay.
(Added Pub. L. 96–513, title V, § 505(a)(1), Dec. 12,
1980, 94 Stat. 2918, § 286a; amended Pub. L.
102–190, div. A, title XI, § 1125(b)(1), Dec. 5, 1991,
105 Stat. 1505; Pub. L. 103–337, div. A, title V,
§ 541(f)(2), Oct. 5, 1994, 108 Stat. 2766; Pub. L.
105–383, title II, § 201(a), (b), Nov. 13, 1998, 112
Stat. 3414; Pub. L. 107–295, title IV, § 416(a)(4),
Nov. 25, 2002, 116 Stat. 2121; Pub. L. 112–213, title
II, § 217(4), Dec. 20, 2012, 126 Stat. 1557; renum-
bered § 2147, Pub. L. 115–282, title I, § 112(b), Dec.
4, 2018, 132 Stat. 4216; Pub. L. 116–283, div. G, title
LVXXXV [LXXXV], § 8505(a)(17), Jan. 1, 2021, 134
Stat. 4748.)
Editorial Notes
AMENDMENTS
2021—Subsec. (d). Pub. L. 116–283 substituted ‘‘an indi-
vidual’’ for ‘‘a person’’.
2018—Pub. L. 115–282 renumbered section 286a of this
title as this section.
2012—Subsec. (d). Pub. L. 112–213 substituted ‘‘separa-
tion pay’’ for ‘‘severance pay’’ wherever appearing.
2002—Pub. L. 107–295 substituted ‘‘separation’’ for
‘‘severance’’ in section catchl
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2148
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