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14 U.S.C. § 2144 — Regular Coast Guard; officers serving under temporary appointments
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each officer of the Regular Coast Guard appointed under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2104&num=0&edition=prelim) who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, 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 is eligible for retirement under any law, be retired under that law on that date.
**(b)** Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.
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Stable record: federal_law:legal_authorities:record_usc_aa398834e41428ba6ff930b6
Source file: Laws/federal/codes/united-states-code/title-14/section-2144-regular-coast-guard-officers-serving-under-temporary-appointments--422ffaacd0.md
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Source location: Title 14, Chapter 21, § 2144; chapter-021-personnel-officers.md
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**(a)** Each officer of the Regular Coast Guard appointed under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2104&num=0&edition=prelim) who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, 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 is eligible for retirement under any law, be retired under that law on that date.
**(b)** Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.
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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)** The president may appoint temporary commissioned officers—
(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.
**(b)** Temporary appointments under this section do not change the permanent, probationary, or acting status of individuals so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. An individual who is appointed under this section may not suffer any reduction in the rate of pay and allowances to which he would have been entitled had he remained in his former grade and continued to receive the increases in pay and allowances authorized for that grade.
**(c)** An appointment under this section, or a subsequent promotion appointment of a temporary officer, may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.
**(d)** Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2104
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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
Page 142
TITLE 14—COAST GUARD
§ 2144
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–295 effective 4 years after
Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set
out as a note under section 2146 of this title.
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.
§ 2144. Regular Coast Guard; officers serving
under temporary appointments
(a) Each officer of the Regular Coast Guard ap-
pointed under section 2104 of this title who is
serving in the grade of lieutenant (junior grade)
or lieutenant and who has failed of selection for
promotion to the grade of lieutenant or lieuten-
ant commander, respectively, 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 is eligible for retirement
under any law, be retired under tha
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2144
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