14 U.S.C. § 2506 — Suspension of payment of retired pay of

Page 165 TITLE 14—COAST GUARD § 2507 1982—Subsec. (b). Pub. L. 97–295 substituted ‘‘after September 7, 1980’’ for ‘‘on or after the date of the en- actment of the Department of Defense Authorization Act, 1981’’. 1980—Pub. L. 96–342 designated existing provisions as subsec. (a), substituted ‘‘Except as provided in sub- section (b), the’’ for ‘‘The’’, and added subsec. (b). 1972—Pub. L. 92–455 provided for computation of re- tired pay of an enlisted member serving as the master chief petty officer of the Coast Guard at the highest basic pay applicable to him while he so served, if that basic pay is greater than the basic pay of the grade or rating to which he was otherwise entitled at the time of retirement. 1963—Pub. L. 88–132 substituted ‘‘basic’’ for ‘‘active- duty’’ wherever appearing. 1958—Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of title 10’’ for ‘‘for which he was entitled to credit in the computation of his pay when last on active duty’’. 1950—Act Aug. 3, 1950, struck out reference to com- putation of pay of retired personnel retired by reason of physical disability. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 922 of Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of Title 10, Armed Forces. Amendment by section 923 of Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of Title 10. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 effective June 1, 1958, see Pub. L. 85–422, § 9, May 20, 1958, 72 Stat. 130. § 2505. Limitations on retirement and retired pay (a) The provisions of any section of this title shall not be construed so as to prevent any member from being placed on the retired list with the highest grade or rate and the highest retired pay to which the member may be enti- tled under the provisions of any other section of this title or under any other law. (b) In no case may the retired pay of a member exceed 75 percent of (1) the sum of the active- duty pay and all permanent additions thereto (including longevity credit to which the member is entitled) of the grade or rate on which the member’s pay is computed, or (2) the retired pay base determined under section 1407 of title 10, as appropriate. (Aug. 4, 1949, ch. 393, 63 Stat. 525, § 424; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(11), July 1, 1986, 100 Stat. 700; renumbered § 2505, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.) HISTORICAL AND REVISION NOTES The two provisions of this section are considered de- sirable as safeguards to eliminate any possible mis- construction of situations relating to retirement and retired pay in respect to the two points covered. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 424 of this title as this section. 1986—Pub. L. 99–348 amended section generally. Prior to amendment, section read as follows: ‘‘The provisions of any section of this title shall not be construed so as to prevent any officer or enlisted member from being placed on the retired list with the highest grade or rat- ing and the highest retired pay to which such officer or enlisted member may be entitled under the provisions of any other section of this title or under the provi- sions of any other law. In no case shall the retired pay of an officer or enlisted member exceed 75 percent of the sum of the active-duty pay and all permanent addi- tions thereto, including longevity credit to which the officer or enlisted member concerned is entitled, of the grade or rating on which his pay is computed.’’ 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places. § 2506. Suspension of payment of retired pay of members who are absent from the United States to avoid prosecution Under procedures prescribed by the Secretary, the Secretary may suspend the payment of the retired pay of a member or former member dur- ing periods in which the member willfully re- mains outside the United States to avoid crimi- nal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in sec- tion 8312 of title 5, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. (Added Pub. L. 107–295, title IV, § 444(a), Nov. 25, 2002, 116 Stat. 2132, § 424a; renumbered § 2506, Pub. L. 115–282, title I, § 114(b), Dec. 4, 2018, 132 Stat. 4223.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 424a of this title as this section. § 2507. Board for Correction of Military Records deadline (a) DEADLINE FOR COMPLETION OF ACTION.—The Secretary shall complete processing of an appli- cation for correction of military records under section 1552 of title 10 by not later than 10 months after the date the Secretary receives the completed application. (b) REMEDIES DEEMED EXHAUSTED.—Ten months after a complete application for correc- tion of military records is received by the Board for Correction of Military Records of the Coast Guard, administrative remedies are deemed to have been exhausted, and— (1) if the Board has rendered a recommended decision, its recommendation shall be final agency action and not subject to further re- view or approval within the department in which the Coast Guard is operating; or (2) if the Board has not rendered a rec- ommended decision, agency action is deemed to have been unreasonably delayed or withheld and the applicant is entitled to—