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14 U.S.C. § 2501 — Grade on retirement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Commissioned Officers.—**
(1) **In general.—** — A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer’s performance of duty was satisfactory.
(2) **Conditional determination.—** — When a commissioned officer is under investigation for alleged misconduct at the time of retirement—
(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and
(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).
**(b) Warrant Officers.—** Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer’s performance of duty was satisfactory.
**(c) Retirement in Lower Grade.—**
(1) **Misconduct in lower grade.—** — In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade.
(2) **Adverse findings.—** — A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings.
(3) **Recalcu
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Source file: Laws/federal/codes/united-states-code/title-14/section-2501-grade-on-retirement--1e83612817.md
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Source location: Title 14, Chapter 25, § 2501; chapter-025-personnel-general-provisions.md
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**(a) Commissioned Officers.—**
(1) **In general.—** — A commissioned officer who is retired under any provision of this title, shall be retired from active service with the highest grade held by the commissioned officer for not less than six months while on active duty in which, as determined by the Secretary, the commissioned officer’s performance of duty was satisfactory.
(2) **Conditional determination.—** — When a commissioned officer is under investigation for alleged misconduct at the time of retirement—
(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and
(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).
**(b) Warrant Officers.—** Any warrant officer who is retired under any provision of section 580, 1263, 1293, or 1305 of title 10, shall be retired from active service with the highest commissioned grade above chief warrant officer, W–4, held by the warrant officer for not less than six months on active duty in which, as determined by the Secretary, the warrant officer’s performance of duty was satisfactory.
**(c) Retirement in Lower Grade.—**
(1) **Misconduct in lower grade.—** — In the case of a commissioned officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the commissioned officer has not served satisfactorily in any grade equal to or higher than that lower grade.
(2) **Adverse findings.—** — A determination of the retired grade of a commissioned officer shall be resolved following a conditional determination under subsection (a)(2) if the investigation of or personnel action against the commissioned officer results in adverse findings.
(3) **Recalculation of retired pay.—** — If the retired grade of a commissioned officer is reduced pursuant to this subsection, the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.
**(d) Finality of Retired Grade Determinations.—**
(1) **In general.—** — Except as provided in paragraph (2), a determination of the retired grade of a commissioned officer under this section is administratively final on the day the commissioned officer is retired, and may not be reopened.
(2) **Reopening determinations.—** — A determination of the retired grade of a commissioned officer may be reopened if—
(A) the retirement or retired grade of the commissioned officer was procured by fraud;
(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was not known by a competent authority at the time of retirement;
(C) substantial evidence comes to light that, during the commissioned service of the officer, the officer failed to carry out applicable laws, with an intent to deceive or defraud;
(D) substantial evidence comes to light after the retirement that the officer committed rape or sexual assault, as described in sections 920(a) and 920(b) of title 10 (articles 120(a) and 120(b) of the Uniform Code of Military Justice) at any time during the commissioned service of the officer;
(E) substantial evidence comes to light after the retirement that the commissioned officer knew of and failed to report through proper channels, in accordance with existing law at the time of the alleged incident, any known instances of sexual assault by a member of the Coast Guard under the command of the officer during the officer’s service;
(F) a mistake of law or calculation was made in the determination of the retired grade;
(G) in the case of a retired grade following a conditional determination under subsection (a)(2), the investigation of or personnel action against the commissioned officer results in adverse findings; or
(H) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination.
(3) **Requirements.—** — If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary—
(A) shall notify the commissioned officer of the reopening; and
(B) may not make an adverse determination on the retired grade of the commissioned officer until the commissioned officer has had a reasonable opportunity to respond regarding the basis of the reopening.
(4) **Recalculation of retired pay.—** — If the retired grade of a commissioned officer is reduced through the reopening of the commissioned officer’s retired grade under paragraph (2), the retired pay of the commissioned officer shall be recalculated under chapter 71 of title 10, and any modification of the retired pay of the commissioned officer shall go into effect on the effective date of the reduction in retired grade.
**(e) Inapplicability to Commissioned Warrant Officers.—** This section, including subsection (b), shall not apply to commissioned warrant officers.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department.
**(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Commandant may establish, accept, operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut.
**(b) Use of Funds.—** The Secretary may expend funds appropriated to the Coast Guard on—
(1) the design of a Museum;
(2) engineering, construction, construction administration, and quality assurance services for a Museum, including construction, construction administration, and quality assurance services carried out by the Association; and
(3) providing Federal financial assistance to the Association for the activities under subsection (d).
**(c) Funding Plan.—** Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection (f), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such Museum, including—
(1) estimated planning, engineering, design, construction, operation, and maintenance costs;
(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction;
(3) an explanation of any environmental remediation issues related to the land associated with the Museum; and
(4) a certification by a third party entity qualified to undertake such a certification process that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic.
**(d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 334
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Federal law — U.S. Code and appendices · legal_authorities
Unless entitled to a higher retired grade under some other provision of law, a warrant officer shall be retired in the highest regular or reserve warrant officer grade in which the warrant officer served satisfactorily, as determined by the Secretary concerned.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1371
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by [section 201(b) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) are as follows:Warrant officer grade: Chief warrant officer, W–5. Chief warrant officer, W–4. Chief warrant officer, W–3. Chief warrant officer, W–2. Warrant officer, W–1.
**(b)** Appointments in the grade of regular warrant officer, W–1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned.
**(c)** An appointment may not be made in any of the armed forces in the regular warrant officer grade of chief warrant officer, W–5, if the appointment would result in more than 5 percent of the warrant officers of that armed force on active duty being in the grade of chief warrant officer, W–5. In computing the limitation prescribed in the preceding sentence, there shall be excluded warrant officers described in [section 582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 162
TITLE 14—COAST GUARD
§ 2501
on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a report
that, for the preceding fiscal year—
‘‘(A) details the total aggregate service-wide
costs described in subsection (b)(7)(A)(ii) for mem-
bers of the Coast Guard whose Physical Disability
Evaluation System process has exceeded 90 days;
and
‘‘(B) includes for each such member—
‘‘(i) an accounting of such costs; and
‘‘(ii) the number of days that elapsed between
the initiation and completion of the Physical Dis-
ability Evaluation System process.
‘‘(2) PERSONALLY IDENTIFIABLE INFORMATION.—A re-
port under paragraph (1) shall not include the person-
ally identifiable information of any member of the
Coast Guard.’’
§ 2501. Grade on retirement
(a) COMMISSIONED OFFICERS.—
(1) IN GENERAL.—A commissioned officer who
is retired under any provision of this title,
shall be retired from active service with the
highest grade held by the commissioned offi-
cer for not less than six months while on ac-
tive duty in which, as determined by the Sec-
retary, the commissioned officer’s perform-
ance of duty was satisfactory.
(2) CONDITIONAL
DETERMINATION.—When a
commissioned officer is under investigation
for alleged misconduct at the time of retire-
ment—
(A) the Secretary may conditionally deter-
mine the highest grade of satisfactory serv-
ice of the commissioned officer pending com-
pletion of the investigation; and
(B) the grade under subparagraph (A) is
subject to resolution under subsection (c)(2).
(b) WARRANT OFFICERS.—Any warrant officer
who is retired under any provision of section 580,
1263, 1293, or 1305 of title 10, shall be retired from
active service with the highest
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2501
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