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14 U.S.C. § 2146 — Discharge in lieu of retirement; separation pay
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.
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Stable record: federal_law:legal_authorities:record_usc_f28f87aac63adfc0bab279a3
Source file: Laws/federal/codes/united-states-code/title-14/section-2146-discharge-in-lieu-of-retirement-separation-pay--2ca0ee9206.md
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Source location: Title 14, Chapter 21, § 2146; chapter-021-personnel-officers.md
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**(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.
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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
**(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 of the Regular Coast Guard appointed under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2101&num=0&edition=prelim) who is serving in the grade of lieutenant and who has failed of selection for promotion to the grade of lieutenant commander 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 has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date; or
(4) if, on the date specified for his discharge in clause (1), he has completed at least eighteen years of active service, be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law.
**(b)**
(1) When the needs of the service require, the Secretary may direct a selection board, which has been convened under [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section2106&num=0&edition=prelim), to recommend for continuation on active duty for terms of not less than two nor more than four years a designated number of officers of the grade of lieutenant who would otherwise be discharged or retired under this section. When so directed, the board shall recommend for continuation on active duty those officers under consideration who are, in the opinion of the board, best qualified for continuation. Each officer
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2143
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2147
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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. § 2146
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