Title 14Coast GuardRelease 119-73

§2150 Captains; continuation on active duty; involuntary retirement

Title 14 › Subtitle SUBTITLE II— - PERSONNEL › Chapter CHAPTER 21— - PERSONNEL; OFFICERS › Subchapter SUBCHAPTER II— - DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; SEPARATION FOR CAUSE › § 2150

Last updated Apr 6, 2026|Official source

Summary

The Secretary can hold a board, no more than once a year, to pick which captains stay on active duty. The board must have at least 6 officers who are rear admiral (lower half) or rear admiral. It looks at captains on the active duty promotion list who will finish at least 3 years as a captain during that promotion year and who were not picked for promotion to rear admiral (lower half). Captains who must be retired under section 2149 are not considered. The Secretary creates a "continuation zone" made of the most senior eligible captains who have not been in a zone before, and decides how many captains are in it. The Secretary tells the board how many officers it may recommend, and that number must be at least 50 percent of those considered. The board then chooses the best-qualified officers up to that number. The Secretary sets the detailed rules, reviews the board report, can send it back for fixes, and then sends it to the President for approval. Proceedings are kept private. Captains considered but not recommended are retired on June 30 of that promotion year, or when they complete 20 years of active service if that comes later. The Commandant may annually keep an officer on active duty instead of letting them retire; if kept, the officer will be retired on June 30 of the promotion year when no further retention action is taken.

Full Legal Text

Title 14, §2150

Coast Guard — Source: USLM XML via OLRC

(a)The Secretary may, whenever the needs of the service require, but not more often than annually, convene a board consisting of not less than six officers of the grade of rear admiral (lower half) or rear admiral to recommend for continuation on active duty officers on the active duty promotion list serving in the grade of captain, who during the promotion year in which the board meets will complete at least three years’ service in that grade and who have not been selected for promotion to the grade of rear admiral (lower half). Officers who are subject to retirement under section 2149 of this title during the promotion year in which the board meets shall not be considered by this board.
(b)Whenever he convenes a board under this section, the Secretary shall establish a continuation zone. The zone shall consist of the most senior captains eligible for consideration for continuation on active duty who have not previously been placed in a continuation zone under this section. The Secretary shall, based upon the needs of the service, prescribe the number of captains to be included in the zone.
(c)Based on the needs of the service the Secretary shall furnish the board with the number of officers that may be recommended for continuation on active duty. This number shall be no less than 50 percent of the number considered. The board shall select from the designated continuation zone, in the number directed by the Secretary, those officers who are, in the opinion of the board, best qualified for continuation on active duty.
(d)The provisions of section 2108, 2109, 2115, and 2117 of this title relating to selection for promotion shall, to the extent that they are not inconsistent with the provisions of this section, apply to boards convened under this section.
(e)The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continuation on active duty.
(f)A board convened under this section shall submit its report to the Secretary. If the board has acted contrary to law or regulation, the Secretary may return the report for proceedings in revision and resubmission to the Secretary. After his final review the Secretary shall submit the report of the board to the President for his approval. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any individual who is not a member of the board.
(g)Each officer who is considered but not recommended for continuation 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 the report of the continuation board convened under this section is approved, or the last day of the month in which he completes twenty years of active service, whichever is later.
(h)Notwithstanding subsection (g) and section 2149 of this title, the Commandant may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under subsection (g) or section 2149 of this title. 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 the officer under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (f). Pub. L. 116–283 substituted “individual 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 “section 2108, 2109, 2115, and 2117” for “section 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 approval by the President, the names of the officers selected 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 percent” for “75 percent”. 1985—Subsec. (a). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” in two places. 1983—Subsec. (a). Pub. L. 97–417 substituted “commodore 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 “promotion 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 section 5(a) of Pub. L. 88–130, set out as a note under section 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, provided that: “Officers who, prior to the

Effective Date

of this Act [Sept. 24, 1963], were considered but not selected 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 Provision

s 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 section to approve the report of a board convened to recommend for continuation on active duty officers serving 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.

Reference

Citations & Metadata

Citation

14 U.S.C. § 2150

Title 14Coast Guard

Last Updated

Apr 6, 2026

Release point: 119-73