§2145 — Title 14 Coast Guard | U.S. Code

Summary

Officers in the Regular Coast Guard who are lieutenant commander or commander and fail promotion for a second time must be retired. If they have at least 20 years of active service or are eligible to retire under any law on June 30 of that promotion year, they are retired on that June 30. If they are not eligible then, they stay on active duty and are retired on the last day of the month when they reach 20 years, unless another law removes them sooner. The Secretary can order a selection board to keep some of these officers on active duty. The board picks those it thinks best for the Coast Guard, and the Secretary must approve the recommendations. A lieutenant commander kept under this rule cannot serve past 24 years of active commissioned service unless promoted to commander. A commander cannot serve past 26 years unless promoted to captain. If an officer kept on this extra term is not later promoted or reselected, and is eligible to retire, they will be retired on the first day of the month after their extra service ends.

Title 14, §2145

Coast Guard — Source: USLM XML via OLRC

(a)Each officer of the Regular Coast Guard serving in the grade of lieutenant commander or commander, who has failed of selection for promotion to the grade of commander or captain, respectively, for the second time shall:

(1)if he has completed at least 20 years of active service or is eligible for retirement under any law on June 30 of the promotion year in which his second failure of selection occurs, be retired on that date; or

(2)if ineligible for retirement on the date specified in clause (1) 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)A lieutenant commander or commander of the Regular Coast Guard subject to discharge or retirement under subsection (a) may be continued on active duty when the Secretary directs a selection board convened under section 2106 of this title to continue up to a specified number of lieutenant commanders or commanders on active duty. When so directed, the selection board shall recommend those officers who in the opinion of the board are best qualified to advance the needs and efficiency of the Coast Guard. When the recommendations of the board are approved by the Secretary, the officers recommended for continuation shall be notified that they have been recommended for continuation and offered an additional term of service that fulfills the needs of the Coast Guard.

(c)(1)An officer who holds the grade of lieutenant commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 24 years of active commissioned service unless promoted to the grade of commander of the Regular Coast Guard. An officer who holds the grade of commander of the Regular Coast Guard may not be continued on active duty under subsection (b) for a period that extends beyond 26 years of active commissioned service unless promoted to the grade of captain of the Regular Coast Guard.

(2)Unless retired or discharged under another provision of law, each officer who is continued on active duty under subsection (b) but is not subsequently promoted or continued on active duty, and is not on a list of officers recommended for continuation or for promotion to the next higher grade, shall, if eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which the period of continued service is completed.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 285 of this title as this section. Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2106” for “section 251”. 2002—Pub. L. 107–295 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). 1976—Pub. L. 94–546 substituted “promotion year” for “fiscal year” in cl. (1). 1974—Pub. L. 93–283 substituted “if he has completed at least 20 years of active service or is eligible” for “if eligible” in cl. (1).

Statutory Notes and Related Subsidiaries

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.

§2145 Regular Lieutenant Commanders and Commanders; Retirement for Failure of Selection for Promotion

Summary

Title 14, §2145

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Savings Provision

Savings Provision

Citations & Metadata