14 U.S.C. § 2313: Retention beyond term of…

Summary

If an enlisted member of the Coast Guard on active duty finishes their enlistment while they have a service-related illness or injury (not caused by misconduct) and they need hospital or medical care, they can agree to stay on active duty past their enlistment. While kept on duty, the government must pay for their medical care and continue their pay and allowances, including credit toward longevity, until they either recover enough to meet reenlistment physical standards or the Coast Guard determines recovery is impossible. They remain subject to the same pay forfeitures as if their enlistment had not ended. This does not stop the Coast Guard from holding someone without their consent under section 2314.

Title 14, §2313

Coast Guard, Source: USLM XML via OLRC

Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 2314 of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., § 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797). The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated. Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard. Changes were made in phraseology. 81st Congress,

House Report No. 557

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”. Pub. L. 115–282, § 113(b), renumbered section 366 of this title as this section. 1984—Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.

§2313 Retention Beyond Term of Enlistment in Case of Disability