14 U.S.C. § 2302 — Enlistments; term, grade

Page 153 TITLE 14—COAST GUARD § 2302 (Added Aug. 10, 1956, ch. 1041, § 7(a), 70A Stat. 620, § 350; renumbered § 2301, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 350 .......... 34:187 (as made ap- plicable to Coast Guard by 34:189). 34:189 (as applicable to 34:187). 50 App.:470 (last sentence). Oct. 6, 1945, ch. 393, §§ 2 (as made applicable to Coast Guard by § 13), 13 (as appli- cable to § 2), 59 Stat. 538, 542. June 24, 1948, ch. 625, § 20 (last sentence), 62 Stat. 627; Sept. 27, 1950, ch. 1059, § 1(14), 64 Stat. 1074. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 350 of this title as this section. Statutory Notes and Related Subsidiaries PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD Pub. L. 117–263, div. K, title CXII, § 11246, Dec. 23, 2022, 136 Stat. 4046, provided that: ‘‘(a) ESTABLISHMENT.—The Commandant [of the Coast Guard] shall establish a program for the purpose of in- creasing the number of individuals in the enlisted ranks of the Coast Guard who are— ‘‘(1) underrepresented minorities; or ‘‘(2) from rural areas. ‘‘(b) PARTNERSHIPS.—In carrying out the program es- tablished under subsection (a), the Commandant shall— ‘‘(1) seek to enter into 1 or more partnerships with eligible institutions— ‘‘(A) to increase the visibility of Coast Guard ca- reers; ‘‘(B) to promote curriculum development— ‘‘(i) to enable acceptance into the Coast Guard; and ‘‘(ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Bat- tery; and ‘‘(C) to provide mentoring for students entering and beginning Coast Guard careers; and ‘‘(2) enter into a partnership with an existing Jun- ior Reserve Officers’ Training Corps for the purpose of promoting Coast Guard careers. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible insti- tution’ means an institution— ‘‘(A) that is— ‘‘(i) an institution of higher education (as such term is defined in section 101 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001)); or ‘‘(ii) a junior or community college (as such term is defined in section 312 of the Higher Edu- cation Act of 1965 (20 U.S.C. 1058)[)]; and ‘‘(B) that is— ‘‘(i) a part B institution (as such term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); ‘‘(ii) a Tribal College or University (as such term is defined in section 316(b) of such Act (20 U.S.C. 1059c(b))); ‘‘(iii) a Hispanic-serving institution (as such term is defined in section 502 of such Act (20 U.S.C. 1101a)); ‘‘(iv) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as such term is defined in section 317(b) of such Act (20 U.S.C. 1059d(b))); ‘‘(v) a Predominantly Black institution (as such term is defined in section 371(c) of that Act (20 U.S.C. 1067q(c))); ‘‘(vi) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of such Act (20 U.S.C. 1059g(b))); or ‘‘(vii) a Native American-serving nontribal in- stitution (as defined in section 319(b) of such Act (20 U.S.C. 1059f(b)). ‘‘(2) RURAL AREA.—The term ‘rural area’ means an area that is outside of an urbanized area, as deter- mined by the Bureau of the Census.’’ § 2302. Enlistments; term, grade (a) Under regulations prescribed by the Sec- retary, the Commandant may enlist persons for the duration of their minority or a period of at least two years but not more than six years. (b) The Secretary shall prescribe the grades or ratings for persons enlisting in the Regular Coast Guard. (Aug. 4, 1949, ch. 393, 63 Stat. 520, § 351; Aug. 3, 1950, ch. 536, § 16, 64 Stat. 407; Aug. 10, 1956, ch. 1041, §§ 8(a), 53, 70A Stat. 620, 679; Pub. L. 98–557, § 15(a)(3)(F), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 108–293, title II, § 203, Aug. 9, 2004, 118 Stat. 1032; Pub. L. 115–232, div. C, title XXXV, § 3533(h), Aug. 13, 2018, 132 Stat. 2321; renumbered § 2302, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.) HISTORICAL AND REVISION NOTES 1949 ACT Based on title 14, U.S.C., 1946 ed., §§ 35, 35a, 206 (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Apr. 21, 1924, ch. 130, § 6, 43 Stat. 106; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, § 3, 55 Stat. 629). Section 35 of title 14, U.S.C., 1946 ed., has been di- vided. The provisions of the first sentence of subsection (a) are placed in this section. The proviso of subsection (a) is covered in section 367(b) of this title. Subsection (b) is placed in section 365 of this title. Subsections (c) and (d) are placed in section 367(a) of this title, except that part (3) of subsection (c) is covered by section 366 of this title. Section 206 of title 14, U.S.C., 1946 ed., has been di- vided. That part dealing with special temporary enlist- ments is incorporated in this section. That part dealing with temporary appointments of warrant officers is placed in section 302 of this title. Certain additional details concerning the two types of enlistments are added; these details were previously covered in Coast Guard Regulations. This section makes provision for the enlistment of personnel in the Coast Guard. The first sentence grants the necessary authority to the Secretary, changes ex- isting law in regard to the term of enlistment from ‘‘not to exceed four years’’ to ‘‘not to exceed six years’’, and adds a provision for the enlistment of minors for their minority only, such provision being in accordance with existing law applicable to the Navy. The next three sentences establish and define the two types of enlistments that are now in effect in the Coast Guard, setting forth the basic difference in the two types. The last sentence continues a provision to the effect that original enlistments in the Coast Guard shall be tem- porary. This section is a combination of existing law and regulations in regard to enlistments, with changes as noted above. See title 14, U.S.C., 1946 ed., § 35, and Coast Guard Regulations, sections 531 and 532. 81st Con- gress, House Report No. 557. 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 351 .......... 14:351. 34:188 (as made ap- plicable to Coast Guard by 34:189). 34:189 (as applicable to 34:188). Aug. 4, 1949, ch. 393, § 1 (351), 63 Stat. 520; Aug. 3, 1950, ch. 536, § 16, 64 Stat. 407. Oct. 6, 1945, ch. 393, § 5 (as made applicable to Coast Guard by § 13), 13 (as appli- cable to § 5); 59 Stat. 539, 542. Page 154 TITLE 14—COAST GUARD § 2303 The words ‘‘notwithstanding any other provision of law’’ and ‘‘or reenlisted’’ are omitted as surplusage. 34 U.S.C. 188 (proviso) is omitted as executed. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 351 of this title as this section. Subsec. (a). Pub. L. 115–232 inserted ‘‘the duration of their’’ before ‘‘minority’’. 2004—Subsec. (a). Pub. L. 108–293 substituted ‘‘a pe- riod of at least two years but not more than six years.’’ for ‘‘terms of full years not exceeding six years.’’ 1984—Subsec. (a). Pub. L. 98–557 substituted reference to persons for reference to men. 1956—Act Aug. 10, 1956, repealed and reenacted section by general amendment thereby designating existing provisions as subsec. (a) and adding subsec. (b), relating to grades or ratings of enlistees. 1950—Act Aug. 3, 1950, struck out references to two types of enlistments that were deemed necessary prior to the enactment of the Career Compensation Act. § 2303. Promotion Enlisted members shall be advanced in rating by the Commandant under regulations pre- scribed by the Secretary. (Aug. 4, 1949, ch. 393, 63 Stat. 520, § 352; Pub. L. 98–557, § 15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865; re- numbered § 2303, Pub. L. 115–282, title I, § 113(b), Dec. 4, 2018, 132 Stat. 4221.) HISTORICAL AND REVISION NOTES Derived from title 14, U.S.C., 1946 ed., § 23 (Apr. 16, 1908, ch. 145, § 8, 35 Stat. 62). Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U.S.C., 1946 ed., § 23, have been left to administrative control here- tofore, and this has proved most satisfactory, the en- tire promotion of enlisted men is delegated to adminis- trative control by this section. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 352 of this title as this section. 1984—Pub. L. 98–557 substituted ‘‘Enlisted members’’ for ‘‘Enlisted men’’. § 2304. Compulsory retirement at age of sixty-two Any enlisted member who has reached the age of sixty-two shall be retired from active service. (Aug. 4, 1949, ch. 393, 63 Stat. 520, § 353; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2304, 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., § 173 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100). Section 173 of title 14, U.S.C., 1946 ed., has been di- vided. That part dealing with enlisted men is placed in this section. That part dealing with commissioned offi- cers is placed in section 230 of this title. That part deal- ing with warrant officers is placed in section 303 of this title. The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 353 of this title as this section. 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. § 2305. Voluntary retirement after thirty years’ service Any enlisted member who has completed thir- ty years’ service may, upon his own application, in the discretion of the Commandant, be retired from active service. (Aug. 4, 1949, ch. 393, 63 Stat. 521, § 354; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2305, 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., § 175 (Jan. 28, 1915, ch. 20, § 3, 38 Stat. 801). Said section has been divided. That part dealing with retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned of- ficers is placed in section 231 of this title. That part dealing with retirement of warrant officers is placed in section 304 of this title. That part providing for retired pay is incorporated in section 423 of this title. That part providing for assignment of duties to retired per- sonnel is incorporated in sections 241, 311, and 360 of this title. The authority to approve was granted to the Com- mandant in lieu of the Secretary. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 354 of this title as this section. 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. § 2306. Voluntary retirement after twenty years’ service Any enlisted member who has completed twenty years’ service may, upon his own appli- cation, in the discretion of the Commandant, be retired from active service. (Aug. 4, 1949, ch. 393, 63 Stat. 521, § 355; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2306, 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., § 185a (May 24, 1939, ch. 146, § 2, 53 Stat. 755). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 renumbered section 355 of this title as this section.