14 U.S.C. § 2307 — Retirement of enlisted members: increase

Page 155 TITLE 14—COAST GUARD § 2308 1986—Pub. L. 99–348 struck out ‘‘, with retired pay of the grade or rating with which retired’’ after ‘‘active service’’. 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man. § 2307. Retirement of enlisted members: increase in retired pay An enlisted member voluntarily or involun- tarily retired after twenty years of service who was cited for extraordinary heroism in the line of duty shall be entitled to an increase in retired pay. The retired pay shall be increased by 10 per- cent of— (1) the active-duty pay and permanent addi- tions thereto of the grade or rating with which retired when the member’s retired pay is com- puted under section 2504(a) of this title; or (2) the member’s retired pay base under sec- tion 1407 of title 10, when a member’s retired pay is computed under section 2504(b) of this title. (Aug. 4, 1949, ch. 393, 63 Stat. 521, § 357; Aug. 3, 1950, ch. 536, § 17, 64 Stat. 407; Pub. L. 88–114, § 1(1), Sept. 6, 1963, 77 Stat. 144; Pub. L. 98–557, § 15(a)(3)(A), (B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(9), July 1, 1986, 100 Stat. 700; Pub. L. 102–241, § 6, Dec. 19, 1991, 105 Stat. 2210; Pub. L. 114–120, title II, § 215(a), (b)(1), Feb. 8, 2016, 130 Stat. 45, 46; renumbered § 2307 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., §§ 185, 185d (May 24, 1939, ch. 146, §§ 1, 5, 53 Stat. 755). Subsection (b) is new and implements the preceding subsection; it seems necessary in view of certain stat- utes enacted as the result of World War II. Subsection (c) is based on title 14, U.S.C., 1946 ed., § 185d (May 24, 1939, ch. 146, § 5, 53 Stat. 756). Said sec- tion has been divided. The first sentence is incor- porated in section 423 of this title. The second proviso is incorporated in section 424 of this title. The remain- der is placed in this subsection. Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, § 113(b), renumbered section 357 of this title as this section. Par. (1). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sec- tion 2504(a)’’ for ‘‘section 423(a)’’. Par. (2). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sec- tion 2504(b)’’ for ‘‘section 423(b)’’. 2016—Pub. L. 114–120, § 215(b)(1), substituted ‘‘Retire- ment of enlisted members: increase in retired pay’’ for ‘‘Involuntary retirement of enlisted members’’ in sec- tion catchline. Pub. L. 114–120, § 215(a), struck out subsec. (i) designa- tion before ‘‘An enlisted member’’ and struck out sub- secs. (a) to (h) and (j) which related to procedures and requirements for involuntary retirement of enlisted members. 1991—Pub. L. 102–241 substituted ‘‘Involuntary retire- ment of enlisted members’’ for ‘‘Enlisted Personnel Board’’ in section catchline and amended text gen- erally. Prior to amendment, text provided that the Commandant assemble annually a Coast Guard En- listed Personnel Board to recommend enlisted members for retirement, that the recommendations be trans- mitted to the Commandant for approval, in which event the enlisted members concerned would be noti- fied and given opportunity to file a written protest, which would require a subsequent annual Board deter- mination and approval by the Commandant to effect the involuntary retirement of that member, and fur- ther provided that an enlisted member with twenty years’ service retired from active duty by the Com- mandant pursuant to this section was to receive retired pay, and that an enlisted member voluntarily or invol- untarily retired by reason of twenty years’ service who had been cited for extraordinary heroism was entitled to an increase in retired pay. 1986—Subsec. (b). Pub. L. 99–348, § 205(b)(9)(A), sub- stituted ‘‘retired pay’’ for ‘‘the retired pay of the grade or rating with which retired’’. Subsec. (c). Pub. L. 99–348, § 205(b)(9)(B), substituted provision that retired pay be increased by an amount equal to 10 percent of the active-duty pay and perma- nent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under 423(a) of this title, or the mem- ber’s retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title for provision that the retired pay be increased by an amount equal to 10 per cent of the active-duty pay and permanent additions thereto of the grade or rating with which retired. 1984—Pub. L. 98–557, § 15(a)(3)(A), substituted ref- erence to enlisted member for reference to enlisted man wherever appearing in subsecs. (a) to (c). Subsec. (a). Pub. L. 98–557, § 15(a)(3)(B), substituted reference to enlisted members for reference to enlisted men in two places. 1963—Subsec. (c). Pub. L. 88–114 struck out provisions which entitled enlisted men whose average marks in conduct were not less than 971⁄2 percent of the max- imum to a 10-percent increase of their retired pay. 1950—Subsec. (c). Act Aug. 3, 1950, substituted ‘‘years’ ’’ for ‘‘years’’. Statutory Notes and Related Subsidiaries ENLISTED MEN IN SERVICE ON SEPTEMBER 6, 1963 Pub. L. 88–114, § 2, Sept. 6, 1963, 77 Stat. 144, provided that: ‘‘The amendment made by subsection (1) of sec- tion 1 of this Act [amending this section] does not apply to any enlisted man in service on the effective date of this Act [Sept. 6, 1963].’’ SERVICE CREDIT FOR CERTAIN ENLISTED PERSONNEL Act June 3, 1948, ch. 394, 62 Stat. 302, provided for spe- cial service credit for enlisted men of the Coast Guard who, in 1940 and 1941, were discharged to accept em- ployment as policemen and guards at the Ivigtut Cryo- lite Mine, Greenland, and who reenlisted in the Coast Guard within three months after the termination of their service at the mine. § 2308. Recall to active duty during war or na- tional emergency In times of war or national emergency, the Commandant may order any enlisted member on the retired list to active duty. (Aug. 4, 1949, ch. 393, 63 Stat. 522, § 359; Aug. 3, 1950, ch. 536, § 18, 64 Stat. 407; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renum- bered § 2308, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., § 185c (May 24, 1939, ch. 146, § 4, 53 Stat. 755). This section was changed so as to make provisions for enlisted men parallel to similar provisions for commis- sioned and warrant officers (see §§ 240 and 310 of the re- vised title). It seems fair and equitable that similar provisions should apply to all classes of personnel inso- far as practicable. 81st Congress, House Report No. 557.