14 U.S.C. § 2509: Prohibition of certain…

Summary

Blocks the Secretary from forcing a covered individual out of the Coast Guard just because of a medical problem that a Physical Evaluation Board already reviewed and found the person fit for duty. The Secretary still may order a new PEB review if there is reason to think the medical condition now makes the person unfit. If a reevaluation finds the member unfit, the member can be retired or separated for physical disability under chapter 61 of title 10. Covered individual means a Coast Guard member whom a PEB has already found fit for duty.

Title 14, §2509

Coast Guard, Source: USLM XML via OLRC

(a)In General.—

Except as provided in subsection (b), the Secretary may not authorize the involuntary administrative separation of a covered individual based on a determination that the covered individual is unsuitable for deployment or other assignment due to a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual that resulted in the covered individual being determined to be fit for duty.

(b)Reevaluation.—

(1)In general.—

The Secretary may require a Physical Evaluation Board to reevaluate any covered individual if the Secretary determines there is reason to believe that a medical condition of the covered individual considered by a Physical Evaluation Board during an evaluation of the covered individual renders the covered individual unsuitable for continued duty.

(2)Retirements and separations.—

A covered individual who is determined, based on a reevaluation under paragraph (1), to be unfit to perform the duties of the covered individual’s office, grade, rank, or rating may be retired or separated for physical disability under chapter 61 of title 10.

(c)Covered Individual Defined.—

In this section, the term “covered individual” means any member of the Coast Guard who has been determined by a Physical Evaluation Board, pursuant to a physical evaluation by that board, to be fit for duty.

Editorial Notes

Amendments

2018—Pub. L. 115–282 renumbered section 427 of this title as this section. 2016—Subsec. (b)(2). Pub. L. 114–120 substituted “chapter 61 of title 10” for “this chapter”.

§2509 Prohibition of Certain Involuntary Administrative Separations

Summary

Title 14, §2509

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata