14 U.S.C. § 2151 — Rear admirals and rear admirals (lower

Page 146 TITLE 14—COAST GUARD § 2151 (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 186, § 289; amended Pub. L. 94–546, § 1(26), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–417, § 2(8), Jan. 4, 1983, 96 Stat. 2085; Pub. L. 99–145, title V, § 514(c)(1), Nov. 8, 1985, 99 Stat. 629; Pub. L. 101–225, title II, § 203(3), Dec. 12, 1989, 103 Stat. 1911; Pub. L. 104–324, title II, § 203, Oct. 19, 1996, 110 Stat. 3907; Pub. L. 107–295, title IV, § 414, Nov. 25, 2002, 116 Stat. 2120; renumbered § 2150 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(18), Jan. 1, 2021, 134 Stat. 4748.) Editorial Notes AMENDMENTS 2021—Subsec. (f). Pub. L. 116–283 substituted ‘‘indi- vidual who is’’ for ‘‘person’’. 2018—Pub. L. 115–282, § 112(b), renumbered section 289 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’. Subsec. (d). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sections 2108, 2109, 2115, and 2117’’ for ‘‘sections 253, 254, 258, and 260’’. Subsec. (h). Pub. L. 115–282, § 123(b)(2), substituted ‘‘section 2149’’ for ‘‘section 288’’ in two places. 2002—Subsec. (h). Pub. L. 107–295 added subsec. (h). 1996—Subsec. (f). Pub. L. 104–324 struck out ‘‘Upon ap- proval by the President, the names of the officers se- lected for continuation on active duty by the board shall be promptly disseminated to the service at large.’’ after ‘‘for his approval.’’ 1989—Subsec. (c). Pub. L. 101–225 substituted ‘‘50 per- cent’’ for ‘‘75 percent’’. 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘rear ad- miral (lower half)’’ for ‘‘commodore’’ in two places. 1983—Subsec. (a). Pub. L. 97–417 substituted ‘‘com- modore or rear admiral’’ for ‘‘rear admiral’’ after ‘‘six officers of the grade of’’, and ‘‘commodore’’ for ‘‘rear admiral’’ after ‘‘promotion to the grade of’’. 1976—Subsecs. (a), (g). Pub. L. 94–546 substituted ‘‘pro- motion year’’ for ‘‘fiscal year’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 88–130, § 6, Sept. 24, 1963, 77 Stat. 193, provided that: ‘‘Section 289 [now 2150] of title 14, United States Code, as enacted by section 1(10)(C) of this Act [see sec- tion 5(a) of Pub. L. 88–130, set out as a note under sec- tion 2101 of this title], becomes effective three years after the effective date of this Act [Sept. 24, 1963], or on July 1, 1966, whichever is later.’’ CONSIDERATION FOR RETENTION ON ACTIVE DUTY UNDER FORMER SECTION 248 OF THIS TITLE Pub. L. 88–130, § 2(c), Sept. 24, 1963, 77 Stat. 191, pro- vided that: ‘‘Officers who, prior to the effective date of this Act [Sept. 24, 1963], were considered but not se- lected for retention on active duty under the provisions of [former] section 248, title 14, United States Code, shall remain subject to the provisions of subsections (b) and (c) of that section.’’ 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. Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (f) of this sec- tion to approve the report of a board convened to rec- ommend for continuation on active duty officers serv- ing in the grade of captain delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(f), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of this title. § 2151. Rear admirals and rear admirals (lower half); continuation on active duty; involun- tary retirement (a) The Secretary shall from time to time con- vene boards to recommend for continuation on active duty the most senior officers on the ac- tive duty promotion list serving in the grade of rear admiral (lower half) or rear admiral who have not previously been considered for continu- ation in that grade. Officers serving for the time being or who have served in or above the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be con- sidered as having been continued at the grade of rear admiral. A board shall consist of at least 5 officers (other than the Commandant) serving in the grade of admiral or vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral (lower half) or rear admiral is subject to consid- eration for continuation during a promotion year in which that officer completes not less than four or more than five years combined service in the grades of rear admiral (lower half) and rear admiral. (b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to be considered for continuation on active duty. The number that may be recommended for con- tinuation shall be not less than 50 per centum or more than 75 per centum of the number of offi- cers being considered for continuation. (c) The provisions of sections 2108, 2109, 2115, and 2117 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this sec- tion, apply to boards convened under this sec- tion. (d) A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Sec- retary may return the report for proceedings in revision and resubmission to the Secretary. After final review the Secretary shall submit the report of the board to the President for ap- proval. (e) Each officer who is considered but not con- tinued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on July 1 of the promotion year immediately following the promotion year in which the report of the con- tinuation board convened under this section is approved. (f)(1) Unless retired under another provision of law, each officer who is continued on active duty under this section shall, except as provided in paragraph (2), be retired on July 1 of the pro- motion year immediately following the pro- motion year in which that officer completes seven years of combined service in the grades of rear admiral (lower half) and rear admiral, un- Page 147 TITLE 14—COAST GUARD § 2151 less that officer is selected for or serving in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy. (2) The Commandant, with the approval of the Secretary, may by annual action retain on ac- tive duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serv- ing in the grade of admiral or vice admiral or the position of Superintendent of the Coast Guard Academy, or retired under another provi- sion of law, an officer so retained shall be re- tired on July 1 of the promotion year imme- diately following the promotion year in which no action is taken to further retain that officer under this paragraph. (g)(1) Unless retired under another provision of law, an officer subject to this section shall, ex- cept as provided in paragraph (2), be retired on July 1 of the promotion year immediately fol- lowing the promotion year in which that officer completes a total of thirty-six years of active commissioned service unless selected for or serving in the grade of admiral. (2) The Commandant, with the approval of the Secretary, may by annual action retain on ac- tive duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serv- ing in the grade of admiral or retired under an- other provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 290; amended Pub. L. 92–451, § 1(7), Oct. 2, 1972, 86 Stat. 756; Pub. L. 94–546, § 1(27), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 97–136, § 6(b), Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97–417, § 2(9)(A), Jan. 4, 1983, 96 Stat. 2086; Pub. L. 98–557, § 25(a)(2), Oct. 30, 1984, 98 Stat. 2872; Pub. L. 99–145, title V, § 514(c)(1), (2)(A), Nov. 8, 1985, 99 Stat. 629; Pub. L. 102–241, § 5, Dec. 19, 1991, 105 Stat. 2210; Pub. L. 103–206, title II, § 205(d), Dec. 20, 1993, 107 Stat. 2422; Pub. L. 111–281, title V, § 511(e), Oct. 15, 2010, 124 Stat. 2952; Pub. L. 112–213, title II, § 217(5), Dec. 20, 2012, 126 Stat. 1557; Pub. L. 114–328, div. C, title XXXV, § 3522, Dec. 23, 2016, 130 Stat. 2793; Pub. L. 115–232, div. C, title XXXV, § 3537, Aug. 13, 2018, 132 Stat. 2322; renumbered § 2151 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 290 of this title as this section. Subsec. (a). Pub. L. 115–232 substituted ‘‘Officers serv- ing’’ for ‘‘Officers, other than the Commandant, serv- ing’’. Subsec. (c). Pub. L. 115–282, § 123(b)(2), substituted ‘‘sections 2108, 2109, 2115, and 2117’’ for ‘‘sections 253, 254, 258, and 260’’. 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘5 offi- cers (other than the Commandant) serving in the grade of admiral or vice admiral’’ for ‘‘five officers serving in the grade of vice admiral’’. 2012—Subsec. (a). Pub. L. 112–213 substituted ‘‘in or above the grade of vice admiral’’ for ‘‘in the grade of vice admiral’’ in second sentence. 2010—Subsec. (a). Pub. L. 111–281 substituted ‘‘Offi- cers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.’’ for ‘‘Officers serving for the time being or who have served in the grade of vice ad- miral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been contin- ued in the grade of rear admiral.’’ 1993—Subsec. (a). Pub. L. 103–206, § 205(d)(1), struck out ‘‘or in the position of Chief of Staff’’ before ‘‘are not subject to’’ in second sentence. Subsec. (f). Pub. L. 103–206, § 205(d)(2), (3), struck out ‘‘Chief of Staff or’’ before ‘‘Superintendent’’ in pars. (1) and (2). 1991—Subsec. (a). Pub. L. 102–241, § 5(b)(1), substituted ‘‘that officer’’ for ‘‘he’’. Subsec. (d). Pub. L. 102–241, § 5(b)(2), struck out ‘‘his’’ before ‘‘final review’’ and ‘‘approval’’. Subsec. (e). Pub. L. 102–241, § 5(a)(1), substituted ‘‘July 1 of the promotion year immediately following’’ for ‘‘June 30 of’’. Subsecs. (f), (g). Pub. L. 102–241, § 5(a)(2), added sub- secs. (f) and (g) and struck out former subsecs. (f) and (g), which read as follows: ‘‘(f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he completes a total of thirty-six years of active commissioned service, in- cluding service creditable for retirement purposes under sections 432, 433, 434 of this title. ‘‘(g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from pro- motion year to promotion year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain him under this subsection.’’ 1985—Pub. L. 99–145, § 514(c)(2)(A), substituted ‘‘rear admirals (lower half)’’ for ‘‘commodores’’ in section catchline. Subsec. (a). Pub. L. 99–145, § 514(c)(1), substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’ in three places. 1984—Subsec. (a). Pub. L. 98–557 substituted ‘‘Boards’’ for ‘‘Board’’. 1983—Pub. L. 97–417, § 2(9)(A)(i), inserted ‘‘and com- modores’’ after ‘‘Rear admirals’’ in section catchline. Subsec. (a). Pub. L. 97–417, § 2(9)(A)(ii), substituted ‘‘commodore or rear admiral’’ for ‘‘rear admiral’’ after ‘‘promotion list serving in the grade of’’ and after ‘‘each officer serving in the grade of’’, and ‘‘five years combined service in the grades of commodore and rear admiral’’ for ‘‘five years service in that grade’’. 1981—Subsec. (a). Pub. L. 97–136 inserted ‘‘or in the position of Chief of Staff’’ after ‘‘vice admiral’’. 1976—Subsecs. (a), (e) to (g). Pub. L. 94–546 substituted ‘‘promotion year’’ for ‘‘fiscal year’’ wherever appearing. 1972—Pub. L. 92–451 substituted ‘‘continuation on ac- tive duty’’ for ‘‘retention on the active list’’ in section catchline. Subsecs. (a), (b). Pub. L. 92–451 added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (f) and (g), respectively. Subsec. (c). Pub. L. 92–451 added subsec. (c). Former subsec. (c) provided that provisions of former subsecs. (a) and (b) were inapplicable to officers serving as Com- mandants. Subsecs. (d), (e). Pub. L. 92–451 added subsecs. (d) and (e). Subsec. (f). Pub. L. 92–451 incorporated provisions of former subsec. (a) in provisions designated as subsec. (f), and among other changes extended the minimum service for retirement from 35 years to 36 years of ac- Page 148 TITLE 14—COAST GUARD § 2152 1 See 1986 Amendment note below. tive commissioned service and deleted the alternative seven year permanent grade service. Subsec. (g). Pub. L. 92–451 incorporated provisions of former subsec. (b) in provisions designated as subsec. (g), and among other changes, substituted officer for rear admiral. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–451, § 3, Oct. 2, 1972, 86 Stat. 757, provided that: ‘‘This Act [enacting sections 50 and 51 of this title, and amending this section, sections 41, 42, 44, 47, and 287 of this title, and section 202 of Title 37, Pay and Allowances of the Uniformed Services] is effective upon enactment [Oct. 2, 1972] except that continuation boards, pursuant to subsection (a) of section 290 [now 2151] of title 14, United States Code, as amended by this Act [subsec. (a) of this section], may not be held until one year following enactment hereof [Oct. 2, 1972]. Dur- ing the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years’ service in that grade. Subsections (b) through (g) of section 290 [now 2151] and other sections of title 14, United States Code, as amended by this Act [sections 41, 42, 44, 47, 50, 51, and 287 of this title], apply to continuation board action taken pursuant to this section. No officer who is enti- tled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduc- tion which results from this Act in the number of offi- cers entitled to the basic pay of a rear admiral of the upper half.’’ 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. § 2152. Voluntary retirement after twenty years’ service Any regular commissioned officer who has completed twenty years’ active service in the Coast Guard, Navy, Army, Air Force, Marine Corps, or Space Force, or the Reserve compo- nents thereof, including active duty for train- ing, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service. (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 291; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2152, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216; Pub. L. 116–283, div. A, title IX, § 927(b)(1), Jan. 1, 2021, 134 Stat. 3831.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2018—Pub. L. 115–282 renumbered section 291 of this title as this section. 1986—Pub. L. 99–348 struck out ‘‘, with retired pay of the grade with which retired’’ after ‘‘from active serv- ice’’. 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. § 2153. Voluntary retirement after thirty years’ service Any regular commissioned officer who has completed thirty years’ service may, upon his own application, in the discretion of the Sec- retary, be retired from active service.1 (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 187, § 292; amended Pub. L. 99–348, title II, § 205(b)(5), July 1, 1986, 100 Stat. 700; renumbered § 2153, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 292 of this title as this section. 1986—Pub. L. 99–348 which directed that ‘‘, with re- tired pay of the grade with which retired’’ be struck out was executed by striking out that phrase after ‘‘from active service’’ as the probable intent of Con- gress even though there was no comma before ‘‘with re- tired’’. 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. § 2154. Compulsory retirement (a) REGULAR COMMISSIONED OFFICERS.—Any regular commissioned officer, except a commis- sioned warrant officer, serving in a grade below rear admiral (lower half) shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. (b) FLAG-OFFICER GRADES.—(1) Except as pro- vided in paragraph (2), any regular commis- sioned officer serving in a grade of rear admiral (lower half) or above shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (2) The retirement of an officer under para- graph (1) may be deferred— (A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the offi- cer becomes 68 years of age; or (B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. (Added Pub. L. 111–281, title II, § 215(a), Oct. 15, 2010, 124 Stat. 2916, § 293; renumbered § 2154, Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216.)