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14 U.S.C. § 2147 — Regular warrant officers: separation pay
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A regular warrant officer of the Coast Guard who is discharged under [section 580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim), and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge 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).
**(b)** A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge 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.
**(c)** In determining a member’s years of active service for the purpose of computing separation pay under this section, each full month of service 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 remaining fractional part of a month is disregarded.
**(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 separation pay.
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Stable record: federal_law:legal_authorities:record_usc_9694df9a1cf962398119effd
Source file: Laws/federal/codes/united-states-code/title-14/section-2147-regular-warrant-officers-separation-pay--38e06f4719.md
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Source location: Title 14, Chapter 21, § 2147; chapter-021-personnel-officers.md
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**(a)** A regular warrant officer of the Coast Guard who is discharged under [section 580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim), and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge 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).
**(b)** A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge 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.
**(c)** In determining a member’s years of active service for the purpose of computing separation pay under this section, each full month of service 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 remaining fractional part of a month is disregarded.
**(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 separation pay.
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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)** 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as the Secretary concerned may prescribe, and subject to the recommendations of a board of officers or a selection board under [section 576 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576&num=0&edition=prelim), a permanent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and reports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for retirement under any provision of law, but since the date when he accepted his original permanent appointment as a regular warrant officer he has at least three years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), he shall, if eligible therefor, be separated with separation pay under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) or severance pay under section 286a 11 See References in Text note below. of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section515&num=0&edition=prelim). If he does not have three years of such service, he shall be separated under [section 1165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1165&num=0&edition=prelim).
**(b)** The Secretary concerned may defer, for not more than four months, the retirement or separation under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and det
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1166
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
**(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4).
(2) If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section579&num=0&edition=prelim), whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by [section 8301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim). A warrant officer retired under this paragraph shall receive retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim).
(3) If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under [section 576(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 580
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Officers.—**
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim).
(4) Notwithstanding paragraphs (1) and (2), an officer wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
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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
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 143
TITLE 14—COAST GUARD
§ 2147
§ 2145 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 285
of this title as this section.
Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 2106’’ for ‘‘section 251’’.
2002—Pub. L. 107–295 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
1976—Pub. L. 94–546 substituted ‘‘promotion year’’ for
‘‘fiscal year’’ in cl. (1).
1974—Pub. L. 93–283 substituted ‘‘if he has completed
at least 20 years of active service or is eligible’’ for ‘‘if
eligible’’ 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.
§ 2146. Discharge in lieu of retirement; separa-
tion pay
(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 offic
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2147
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