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14 U.S.C. § 2159 — Boards of inquiry
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim) should be retained on active duty.
**(b)** A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
**(c)** If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall recommend to the Secretary that the officer not be retained on active duty.
**(d)** If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim), and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
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Stable record: federal_law:legal_authorities:record_usc_afd2c2a59185673a1bac3ed5
Source file: Laws/federal/codes/united-states-code/title-14/section-2159-boards-of-inquiry--811c2a8acd.md
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Source location: Title 14, Chapter 21, § 2159; chapter-021-personnel-officers.md
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**(a)** Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim) should be retained on active duty.
**(b)** A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
**(c)** If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall recommend to the Secretary that the officer not be retained on active duty.
**(d)** If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of [section 2158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2158&num=0&edition=prelim), and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe, by regulation, procedures to review the record of any officer of the Regular Coast Guard to determine whether he shall be required to show cause for his retention on active duty—
(1) because his performance of duty has fallen below the standards prescribed by the Secretary, or
(2) because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2158
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Federal law — U.S. Code and appendices · legal_authorities
Each officer under consideration for removal under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim) shall be—
(1) notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;
(2) allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;
(3) allowed to appear in person and by counsel at proceedings before a board of inquiry; and
(4) allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2162
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may remove an officer from active duty if his removal is recommended by a board of inquiry under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim). The Secretary’s action in such as case is final and conclusive.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2163
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time during proceedings under [section 2159 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2159&num=0&edition=prelim), and before the removal of an officer, the Secretary may grant a request—
(1) for voluntary retirement, if the officer is otherwise qualified therefor; or
(2) for discharge with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim).
**(b)** Each officer removed from active duty under [section 2163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2163&num=0&edition=prelim) shall—
(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or
(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under [section 2146(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2146/c&num=0&edition=prelim), unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2164
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Federal law — U.S. Code and appendices · legal_authorities
Page 149
TITLE 14—COAST GUARD
§ 2159
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282 renumbered section 293 of this
title as this section.
§ 2155. Retirement for physical disability after se-
lection for promotion; grade in which retired
An officer whose name appears on an approved
list of officers selected for promotion to the next
higher grade and who is retired for physical dis-
ability under the provisions of chapter 61 of title
10 prior to being promoted shall be retired in the
grade to which he was selected for promotion.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77
Stat. 187, § 294; renumbered § 2155, Pub. L. 115–282,
title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–282 renumbered section 294 of this
title as this section.
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.
§ 2156. Deferment of retirement or separation for
medical reasons
(a) Subject to subsection (b), the Secretary
may defer the retirement or separation of a
commissioned officer, other than a commis-
sioned warrant officer, if the evaluation of the
physical condition of the officer and determina-
tion of the officer’s entitlement to retirement or
separation for physical disability require hos-
pitalization, medical observation, or other phys-
ical disability processing that cannot be com-
pleted before the date on which the officer would
otherwise be retired or separated.
(b) A deferment under subsection (a)—
(1) may only be made with the consent of the
officer in
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 2159
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