14 U.S.C. § 2143 — Regular lieutenants; separation for failure

Page 141 TITLE 14—COAST GUARD § 2143 (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 on that date. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 282; amended Pub. L. 94–546, § 1(21), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2142 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, § 123(b)(2), substituted ‘‘section 2101’’ for ‘‘section 211’’ in introductory provisions. Pub. L. 115–282, § 112(b), renumbered section 282 of this title as this section. 1976—Pub. L. 94–546 substituted ‘‘promotion year’’ for ‘‘fiscal year’’ 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. § 2143. Regular lieutenants; separation for failure of selection for promotion; continuation (a) Each officer of the Regular Coast Guard ap- pointed under section 2101 of this title 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 retire- ment 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 eight- een years of active service, be retained on ac- tive 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, to recommend for continuation on ac- tive duty for terms of not less than two nor more than four years a designated number of of- ficers of the grade of lieutenant who would oth- erwise be discharged or retired under this sec- tion. When so directed, the board shall rec- ommend for continuation on active duty those officers under consideration who are, in the opinion of the board, best qualified for continu- ation. Each officer so recommended may, with the approval of the Secretary, and notwith- standing subsection (a), be continued on active duty for the term recommended. (2) Upon the completion of a term under para- graph (1), an officer shall, unless selected for further continuation— (A) except as provided in subparagraph (B), be honorably discharged with separation pay computed under section 2146 of this title; (B) in the case of an officer who has com- pleted at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer com- pletes 20 years of active service, unless earlier removed under another provision of law; or (C) if, on the date specified for the officer’s discharge under this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be re- tired on that date. (c) Each officer who has been continued on ac- tive duty under subsection (b) shall, unless ear- lier removed from active duty, be retired on the last day of the month in which he completes twenty years of active service. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 283; amended Pub. L. 93–283, § 1(6), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, § 1(22), Oct. 18, 1976, 90 Stat. 2520; Pub. L. 97–295, § 2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 104–324, title II, § 205, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, § 416(a)(2), Nov. 25, 2002, 116 Stat. 2121; renumbered § 2143 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 283 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2101’’ for ‘‘section 211’’ in introductory provi- sions. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2106’’ for ‘‘section 251’’. Subsec. (b)(2)(A). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 2146’’ for ‘‘section 286’’. 2002—Subsec. (b)(2)(A). Pub. L. 107–295 substituted ‘‘separation’’ for ‘‘severance’’. 1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1), struck out ‘‘Upon the completion of such a term he shall, unless selected for further con- tinuation, be honorably discharged with severance pay computed under section 286 of this title, or, if eligible for retirement under any law, be retired.’’ at end of par. (1), and added par. (2). 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘of this title’’ for ‘‘of this chapter’’ after ‘‘section 251’’. 1976—Subsec. (a)(1). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’. 1974—Subsec. (a)(3). Pub. L. 93–283 substituted ‘‘he has completed at least 20 years of active service or is eligi- ble’’ for ‘‘he is eligible’’. 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 that law on that date. (b) Each officer subject to discharge or retire- ment under subsection (a) may elect to revert to his permanent grade. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 284; amended Pub. L. 94–546, § 1(23), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2144 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 284 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2104’’ for ‘‘section 214’’ in introductory provi- sions. 1976—Subsec. (a)(1). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’. 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. § 2145. Regular lieutenant commanders and com- manders; retirement for failure of selection for promotion (a) Each officer of the Regular Coast Guard serving in the grade of lieutenant commander or commander, who has failed of selection for pro- motion to the grade of commander or captain, respectively, for the second time shall: (1) if he has completed at least 20 years of active service or is eligible for retirement under any law on June 30 of the promotion year in which his second failure of selection occurs, be retired on that date; or (2) if ineligible for retirement on the date specified in clause (1) 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) A lieutenant commander or commander of the Regular Coast Guard subject to discharge or retirement under subsection (a) may be contin- ued on active duty when the Secretary directs a selection board convened under section 2106 of this title to continue up to a specified number of lieutenant commanders or commanders on ac- tive duty. When so directed, the selection board shall recommend those officers who in the opin- ion of the board are best qualified to advance the needs and efficiency of the Coast Guard. When the recommendations of the board are ap- proved by the Secretary, the officers rec- ommended for continuation shall be notified that they have been recommended for continu- ation and offered an additional term of service that fulfills the needs of the Coast Guard. (c)(1) An officer who holds the grade of lieu- tenant commander of the Regular Coast Guard may not be continued on active duty under sub- section (b) for a period that extends beyond 24 years of active commissioned service unless pro- moted to the grade of commander of the Regular Coast Guard. An officer who holds the grade of commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 26 years of ac- tive commissioned service unless promoted to the grade of captain of the Regular Coast Guard. (2) Unless retired or discharged under another provision of law, each officer who is continued on active duty under subsection (b) but is not subsequently promoted or continued on active duty, and is not on a list of officers rec- ommended for continuation or for promotion to the next higher grade, shall, if eligible for re- tirement under any provision of law, be retired under that law on the first day of the first month following the month in which the period of continued service is completed. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 185, § 285; amended Pub. L. 93–283, § 1(7), May 14, 1974, 88 Stat. 140; Pub. L. 94–546, § 1(24), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 107–295, title IV, § 412, Nov. 25, 2002, 116 Stat. 2118; renumbered