§2143 — Title 14 Coast Guard | U.S. Code

Summary

When a Regular Coast Guard lieutenant is passed over for promotion to lieutenant commander a second time, they must be honorably discharged on June 30 of that promotion year. They can ask to be discharged earlier and keep the same benefits. If on that date they have at least 20 years of active service or are already eligible to retire, they will be retired instead. If they have at least 18 years on that date, they may be kept on active duty and then retired on the last day of the month in which they reach 20 years, unless removed sooner. If the service needs more officers, the Secretary can have a selection board pick some lieutenants to stay on active duty for 2 to 4 year terms. The board will recommend the best qualified. After a continuation term ends, if they are not picked to stay longer they will either get separation pay and be discharged, be kept until 20 years and then retired if they have 18 years, or be retired immediately if they already have 20 years or are eligible to retire. Any officer kept under this rule must be retired on the last day of the month they reach 20 years unless removed earlier.

Title 14, §2143

Coast Guard — Source: USLM XML via OLRC

(a)Each officer of the Regular Coast Guard appointed under section 2101 of this title who is serving in the grade of lieutenant and who has failed of selection for promotion to the grade of lieutenant commander for the second time shall:

(1)be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or

(2)if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or

(3)if, on the date specified for his discharge in this section, he has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date; or

(4)if, on the date specified for his discharge in clause (1), he has completed at least eighteen years of active service, be retained on active duty and retired on the last day of the month in which he completes twenty years of active service, unless earlier removed under another provision of law.

(b)(1)When the needs of the service require, the Secretary may direct a selection board, which has been convened under section 2106 of this title, to recommend for continuation on active duty for terms of not less than two nor more than four years a designated number of officers of the grade of lieutenant who would otherwise be discharged or retired under this section. When so directed, the board shall recommend for continuation on active duty those officers under consideration who are, in the opinion of the board, best qualified for continuation. Each officer so recommended may, with the approval of the Secretary, and notwithstanding subsection (a), be continued on active duty for the term recommended.

(2)Upon the completion of a term under paragraph (1), an officer shall, unless selected for further continuation—

(A)except as provided in subparagraph (B), be honorably discharged with separation pay computed under section 2146 of this title;

(B)in the case of an officer who has completed at least 18 years of active service on the date of discharge under subparagraph (A), be retained on active duty and retired on the last day of the month in which the officer completes 20 years of active service, unless earlier removed under another provision of law; or

(C)if, on the date specified for the officer’s discharge under this section, the officer has completed at least 20 years of active service or is eligible for retirement under any law, be retired on that date.

(c)Each officer who has been continued on active duty under subsection (b) shall, unless earlier removed from active duty, be retired on the last day of the month in which he completes twenty years of active service.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 283 of this title as this section. Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2101” for “section 211” in introductory provisions. Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”. Subsec. (b)(2)(A). Pub. L. 115–282, § 123(b)(2), substituted “section 2146” for “section 286”. 2002—Subsec. (b)(2)(A). Pub. L. 107–295 substituted “separation” for “severance”. 1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1), struck out “Upon the completion of such a term he shall, unless selected for further continuation, be honorably discharged with severance pay computed under section 286 of this title, or, if eligible for retirement under any law, be retired.” at end of par. (1), and added par. (2). 1982—Subsec. (b). Pub. L. 97–295 substituted “of this title” for “of this chapter” after “section 251”. 1976—Subsec. (a)(1). Pub. L. 94–546 substituted “promotion year” for “fiscal year”. 1974—Subsec. (a)(3). Pub. L. 93–283 substituted “he has completed at least 20 years of active service or is eligible” for “he is eligible”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title. 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. Effectiveness of Election, Change, or Revocation of Election of Annuity

Savings Provision

s in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title.

§2143 Regular Lieutenants; Separation for Failure of Selection for Promotion; Continuation

Summary

Title 14, §2143

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Savings Provision

Citations & Metadata