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14 U.S.C. § 2158 — Review of records of officers

Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2158 — Review of records of officers

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.

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Source file: Laws/federal/codes/united-states-code/title-14/section-2158-review-of-records-of-officers--3a2a371486.md
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Source location: Title 14, Chapter 21, § 2158; chapter-021-personnel-officers.md

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Federal law — U.S. Code and appendices · legal_authorities

14 U.S.C. § 2159 — Boards of inquiry

**(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

14 U.S.C. § 2158 — Review of records of officers

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

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