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14 U.S.C. § 306 — Retirement
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
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Source location: Title 14, Chapter 3, § 306; chapter-003-composition-and-organization.md
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**(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 Commandant, Vice Commandant, or Vice Admiral and ending on the day before the officer’s retirement, but not for more than 60 days.
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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
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 14—COAST GUARD
§ 306
4240; Pub. L. 116–283, div. A, title V, § 551(b)(2),
Jan. 1, 2021, 134 Stat. 3630.)
Editorial Notes
PRIOR PROVISIONS
A prior section 305, act Aug. 4, 1949, ch. 393, 63 Stat.
518, provided for voluntary retirement after twenty
years’ service, with retired pay of grade with which re-
tired, prior to repeal by act May 29, 1954, ch. 249, § 20(o),
68 Stat. 167, and by Pub. L. 88–130, § 1(10)(A), Sept. 24,
1963, 77 Stat. 177.
AMENDMENTS
2021—Subsec. (a)(4). Pub. L. 116–283 added par. (4).
2018—Pub. L. 115–282, § 104(b), renumbered section 50 of
this title as this section.
Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted
‘‘section 306(d)’’ for ‘‘section 51(d)’’.
2016—Subsec. (a)(1). Pub. L. 114–120, § 202(1)(A), added
par. (1) and struck out former par. (1) which read as fol-
lows: ‘‘The President may designate no more than 4 po-
sitions of importance and responsibility that shall be
held by officers who—
‘‘(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade;
and
‘‘(B) shall perform such duties as the Commandant
may prescribe.’’
Subsec. (a)(3)(A). Pub. L. 114–120, § 202(1)(B), sub-
stituted ‘‘under paragraph (1)(A)’’ for ‘‘under paragraph
(1)’’.
Subsec. (b)(2)(C), (D). Pub. L. 114–120, § 202(2), added
subpar. (C) and redesignated former subpar. (C) as (D).
2010—Pub. L. 111–281, § 511(a), as amended by Pub. L.
111–330, amended section generally. Prior to amend-
ment, section provided for the appointment of a Com-
mander, Atlantic Area, and a Commander, Pacific
Area, each having the grade of vice admiral with pay
and allowances of that grade.
1993—Subsec. (b). Pub. L. 103–206 substituted ‘‘The ap-
pointment and grade of an area commander shall be ef-
fective
Source: Supplied 2024 U.S. Code historical extraction · 14 U.S.C. § 306
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