Public Law 88–130

by repealing sections 221–248 and 301–313a;

Repeals.

by striking out the subheads “COMMISSIONED OFFICERS” and “WARRANT OFFICERS”; and

by inserting the following new matter preceding section 350:

“OFFICERS

“A. Appointments

Ҥ 211. Original appointment of permanent commissioned officers

“(a)“(a)

The President may appoint, by and with the advice and consent of the Senate, permanent commissioned officers in the Regular Coast Guard in grades of ensign or above appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the following categories:

“(1)“(1)

graduates of the Coast Guard Academy;

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“(2)“(2)

commissioned warrant officers, warrant officers, and enlisted men of the Regular Coast Guard;

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“(3)“(3)

members of the Coast Guard Reserve who have served at least two years as such; and

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“(4)“(4)

licensed officers of the United States merchant marine who have served four or more years aboard a vessel of the United States in the capacity of a licensed officer.

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“(b)“(b)

No person shall be appointed a commissioned officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned officer has been established under such regulations as the Secretary shall prescribe.

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“(c)“(c)

Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.

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Ҥ212. Original appointment of permanent commissioned warrant officers

“(a)“(a)

The President may appoint, by and with the advice and consent of the Senate, permanent commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories:

“(1)“(1)

warrant officers (W–1) of the Regular Coast, Guard;

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“(2)“(2)

enlisted men of the Regular Coast Guard;

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“(3)“(3)

members of the Coast Guard Reserve; and

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“(4)“(4)

licensed officers of the United States merchant marine.

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“(b)“(b)

No person shall be appointed a commissioned warrant officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a commissioned warrant officer has been established under such regulations as the Secretary shall prescribe.

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“(c)“(c)

Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their commissions as commissioned officers in the Coast Guard in such grade. Appointees whose dates of commission are the same shall take precedence with each other as the Secretary shall determine.

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“§213. Original appointment of permanent warrant officers (W–1)

“(a)“(a)

The Secretary may appoint permanent warrant officers (W–1), in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the following categories:

“(1)“(1)

enlisted men of the Regular Coast. Guard:

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“(2)“(2)

members of the Coast. Guard Reserve: and

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“(3)“(3)

licensed officers of the United States merchant marine.

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“(b)“(b)

No person shall be appointed a warrant officer under this section until his mental, moral, physical, and professional fitness to perform the duties of a warrant officer has been established under such regulations as the Secretary shall prescribe.

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“(c)“(c)

Appointees under this section shall take precedence with other warrant officers in accordance with the dates of their appointments. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.

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Ҥ214. Original appointment of temporary officers

“(a)“(a)

The President may appoint temporary commissioned officers in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted men of the Coast Guard.

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“(b)“(b)

The President may appoint temporary commissioned warrant officers in the Regular Coast Guard, as the needs of the Coast Guard may require, from among the warrant officers and enlisted men of the Coast Guard.

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“(c)“(c)

The Secretary may appoint temporary warrant officers (W–1) in the Regular Coast Guard, as the needs of the Coast Guard require, from among the enlisted men of the Coast Guard.

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“(d)“(d)

Temporary appointments under this section do not change the permanent, probationary, or acting status of persons so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person who is appointed under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment under this section.

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“(e)“(e)

An appointment under this section may be vacated by the appointing officer at any time. Each officer whose appointment is so vacated shall revert to his permanent status.

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“(f)“(f)

Appointees under this section shall take precedence in the grade to which appointed in accordance with the dates of their appointments as officers in such grade. Appointees whose dates of appointment are the same shall take precedence with each other as the Secretary shall determine.

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“B. Selection for Promotion

Ҥ 251. Selection boards; convening of boards

“At least once a year and at such other times as the needs of the service require, the Secretary shall convene selection boards to recommend for promotion to the next higher grade officers on the active duty promotion list in each grade from lieutenant (junior grade) through captain, with separate boards for each grade. However, the Secretary is not required to convene a board to recommend officers for promotion to a grade when no vacancies exist in the grade concerned, and he estimates that none will occur in the next twelve months.

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Ҥ252. Selection boards; composition of boards

“A board convened under section 251 of this title shall consist of five or more officers on the active duty promotion list who are serving in or above the grade to which the board may recommend officers for promotion. No officer may be a member of two successive boards convened to consider officers of the same grade for promotion.

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Ҥ253. Selection boards; notice of convening; communication with board

“(a)“(a)

Before a board is convened under section 251 of this title, notice of the convening date, the promotion zone to be considered, and the number of officers the board may recommend for promotion shall be given to the service at large.

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“(b)“(b)

Each officer eligible for consideration by a selection board convened under section 251 of this title may send a communication through official channels to the board, to arrive not later than the date the board convenes, inviting attention to any matter of record in the armed forces concerning himself. A communication sent under this section may not criticize any officer or reflect upon the character, conduct, or motive of any officer.

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Ҥ254. Selection boards; oath of members

“Each member of a selection board shall swear that he will, without prejudice or partiality, and having in view both the special fitness of officers and the efficiency of the Coast Guard, perform the duties imposed upon him.

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Ҥ 255. Number of officers to be selected for promotion

“Before convening a board under section 251 of this title to recommend officers for promotion to any grade, the Secretary shall determine the total number of officers to be selected for promotion to that grade. This number shall be equal to the number of vacancies existing in the grade, plus the number of additional vacancies estimated for the next twelve months, less the number of officers on the selection list for the grade.

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Ҥ256. Promotion zones

“(a)“(a)

Before convening a selection board to recommend officers for promotion to any grade above lieutenant (junior grade) and below rear admiral, the Secretary shall establish a promotion zone for the grade to be considered. The promotion zone for each grade shall consist of the most senior officers of that grade on the active duty promotion list who have not previously been placed in a promotion zone for selection for promotion to the next higher grade. The number of officers in each zone shall be determined after considering—

“(1)“(1)

the needs of the service;

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“(2)“(2)

the estimated numbers of vacancies available in future years to provide comparable opportunity for promotion of officers in successive year groups; and

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“(3)“(3)

the extent to which current terms of service in that grade conform to a desirable career promotion pattern.

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However, such number of officers shall not exceed the number to be selected for promotion divided by six-tenths.

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“(b)“(b)

Promotion zones from which officers will be selected for promotion to the grade of rear admiral shall be established by the Secretary as the needs of the service require.

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Ҥ257. Eligibility of officers for consideration for promotion

“(a)“(a)

An officer on the active duty promotion list becomes eligible for consideration for promotion to the next higher grade at the beginning of the fiscal year in which he completes the following amount of service computed from his date of rank in the grade in which he is serving:

“(1)“(1)

two years in the grade of lieutenant (junior grade) ;

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“(2)“(2)

three years in the grade of lieutenant ;

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“(3)“(3)

four years in the grade of lieutenant commander;

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“(4)“(4)

four years in the grade of commander; and

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“(5)“(5)

three years hi the grade of captain.

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“(b)“(b)

For the purpose of this section, service in a grade includes all qualifying service in that grade or a higher grade, under either a temporary or permanent appointment. However, service in a Sade under a temporary service appointment under section 275 of is title is considered as service only in the grade that the officer concerned would have held had he not been so appointed.

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“(c)“(c)

No officer may become eligible for consideration for promotion until all officers of his grade senior to him are so eligible.

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“(d)“(d)

Except when his name is on a list of selectees, each officer who becomes eligible for consideration for promotion to the next higher grade remains eligible so long as he—

“(1)“(1)

continues on active duty;

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“(2)“(2)

is not promoted to that grade ; and

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“(3)“(3)

if serving in a grade Mow captain, has not twice failed of selection for promotion to the next higher grade.

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Ҥ258. Selection boards; information to be furnished boards

“The Secretary shall furnish the appropriate selection board convened under section 251 of this title with:

“(1)“(1)

the number of officers that the board may recommend for promotion to the next higher grade; and

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“(2)“(2)

the names and records of all officers to be considered by the board, with identification of those officers who are in the promotion zone.

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Ҥ 259. Officers to be recommended for promotion

“(a)“(a)

A selection board convened to recommend officers for promotion shall recommend those eligible officers whom the board considers best qualified of the officers under consideration for promotion. No officer may be recommended for promotion unless he receives the recommendation of at least a majority of the members of a board composed of five members, or at least two-thirds of the members of a board composed of more than five members.

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“(b)“(b)

The number of officers that a board convened under section 251 of this title may recommend for promotion to a grade below rear admiral from among eligible officers junior in rank to the junior officer in the appropriate promotion zone may not exceed—

“(1)“(1)

5 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of lieutenant or lieutenant commander;

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“(2)“(2)

7½ percent of the total number of officers that the board is authorized to recommend for promotion to the grade of commander; and

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“(3)“(3)

10 percent of the total number of officers that the board is authorized to recommend for promotion to the grade of captain; unless such percentage is a number less than one, in which case the board may recommend one such officer for promotion.

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Ҥ260. Selection boards; reports

“(a)“(a)

Each board convened under section 251 of this title shall submit a report in writing, signed by all the members thereof, containing the names of the officers recommended for promotion.

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“(b)“(b)

A board convened under section 251 of this title shall certify that, in the opinion of at least a majority of the members if the board has five members, or in the opinion of at least two-thirds of the members if the board has more than five members, the officers recommended for promotion are the best qualified for promotion of those officers whose names have been furnished to the board.

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Ҥ261. Selection boards; submission of reports

“(a)“(a)

A board convened under section 251 of this title 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, modification, or disapproval.

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“(b)“(b)

If any officer recommended for promotion is not acceptable to the President, the President may remove the name of that officer from the report of the board.

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“(c)“(c)

Upon approval by the President the names of officers selected for promotion by a board convened under section 251 of this title shall be promptly disseminated to the service at large.

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“(d)“(d)

Except as required by this section, the proceedings of a selection board shall not be disclosed to any person not a member of the board.

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Ҥ262. Failure of selection for promotion

“(a)“(a)

An officer, other than an officer serving in the grade of captain, who is, or is senior to, the junior officer in the promotion zone established for his grade under section 256 of this title, fails of selection if he is not selected for promotion by the selection board which considered him, or if having been recommended for promotion by the board, his name is thereafter removed from the report of the board by the President.

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“(b)“(b)

An officer shall not be considered to have failed of selection if he was not considered by a selection board because of administrative error. If he is selected by the next succeeding selection board and promoted, he shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had he been recommended by the first selection board.

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“C. Promotions

Ҥ271. Promotions; appointments

“(a)“(a)

When the report of a board convened to recommend officers for promotion has been approved by the President, the Secretary shall place the names of all officers selected and approved on a list of selectees in the order of their seniority on the active duty promotion list.

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“(b)“(b)

Officers on the list of selectees may be promoted by appointment in the next higher grade to fill vacancies in the authorized active duty strength of the grade as determined under section 42 of this

Ante, p. 174.

title after officers on any previous list of selectees for that grade have been promoted. Officers shall be promoted in the order that their names appear on the list of selectees. The date of rank of an officer promoted under this subsection shall be the date of his appointment in that grade.

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“(c)“(c)

An officer serving on active duty in the grade of ensign may if found fully qualified for promotion in accordance with regulations prescribed by the Secretary, be promoted to the grade of lieutenant (junior grade) by appointment after he has completed eighteen months’ active service in grade. The date of rank of an officer promoted under this subsection shall be the date of his appointment in the grade of lieutenant (junior grade) as specified by the Secretary.

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“(d)“(d)

Appointments of regular officers under this section shall be made by the President, by and with the advice and consent of the Senate. Appointments of Reserve officers shall be made as prescribed in section 593 of title 10.

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“(e)“(e)

The promotion of an officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed without prejudice by the Secretary until completion of the investigation or proceedings. However, unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.

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Ҥ 272. Removal of officer from list of selectees for promotion

“(a)“(a)

The President may remove the name of any officer from a a list of selectees established under section 271 of this title.

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“(b)“(b)

If the Senate does not consent to the appointment of an officer whose name is on a list of selectees established under section 271 of this title, that officer’s name shall be removed from this list.

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“(c)“(c)

An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is selected for promotion by the next selection board and promoted, he shall be given the date of rank and position on the active duty promotion list, in the grade to which promoted that he would have held if his name had not been removed. However, if the officer is not selected by the next selection board or if his name is again removed from the list of selectees, he shall be considered for all purposes as having twice failed of selection for promotion.

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Ҥ 273. Promotions; acceptance; oath of office

“(a)“(a)

An officer who receives an appointment under section 271 of this title is considered to have accepted his appointment on its effective date, unless he expressly declines the appointment.

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“(b)“(b)

An officer who has served continuously since he subscribed to the oath of office prescribed in section 16 of title 5 is not required to take a new oath upon his appointment in a higher grade.

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Ҥ 274. Promotions; pay and allowances

“An officer who is promoted under section 271 of this title shall be entitled to the pay and allowances of the grade to which promoted from his date of rank in such grade.

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Ҥ275. Wartime temporary service promotions

“(a)“(a)

In time of war, or of national emergency declared by the President or Congress, the President may suspend any section of this chapter relating to the selection, promotion, or involuntary separation of officers. Such a suspension may not continue beyond six months after the termination of the war or national emergency.

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“(b)“(b)

When the preceding sections of this chapter relating to selection and promotion of officers are suspended in accordance with subsection (a), and the needs of the service require, the President may, under regulations prescribed by him, promote to a higher grade any officer serving on active duty in the grade of ensign or above in the Coast Guard.

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“(c)“(c)

In time of war, or of national emergency declared by the President or Congress, the President may, under regulations to be prescribed by him, promote to the next higher warrrant officer grade any warrant officer serving on active duty in a grade below chief warrant officer, W—4.

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“(d)“(d)

The grade of commodore in the Coast. Guard is established for the purposes of this section.

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“(e)“(e)

A promotion under this section to a grade above lieutenant may be made only upon the recommendation of a board of officers convened for that purpose.

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“(f)“(f)

A promotion under this section shall be made by an appointment for temporary service. An appointment under this section to a grade above captain shall be made by the President by and with the advice and consent of the Senate. Any other appointments under this section shall be made by the President alone.

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“(g)“(g)

An appointment under this section, unless expressly declined, is regarded as accepted on the. date specified by the Secretary as the date of the appointment, and the officer so promoted is entitled to pay and allowances of the grade to which appointed from that date.

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“(h)“(h)

An appointment under this section does not terminate any appointments held by an officer concerned under any other provisions of this title. The President may terminate temporary appointments made under this section at any time. An appointment under this section is effective for such period as the President determines. However, an appointment may not be effective later than six months after the end of the war or national emergency. When his temporary appointment under this section is terminated or expires, the officer shall revert to his former grade.

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“(i)“(i)

Not later than six months after the end of the war or national emergency the President shall, under such regulations as he may prescribe, reestablish the active duty promotion list with adjustments and additions appropriate to the conditions of original appointment and wartime service of all officers to be included thereon. The President may, by and with the advice and consent of the Senate, appoint officers on the reestablished active duty promotion list to fill vacancies in the authorized active duty strength of each grade. Such appointments shall be considered to have been made under section 271 of this title.

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Ҥ276. Promotion of officers not included on active duty promotion list

“Officer’s who are not included on the active duty promotion list may be promoted under regulations to be prescribed by the Secretary. These regulations shall, as to officer’s serving in connection with organizing, administering, recruiting, instructing, or training the reserve components, provide, as nearly as practicable, that such officers will be selected and promoted in the same manner and will be afforded equal opportunity for promotion as officers of the corresponding grade on the active duty promotion list.

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Ҥ277. Temporary promotions of warrant officers

“Warrant officers may be temporarily promoted to higher warrant officer grades under such regulations as the Secretary may prescribe.

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“D. Discharges; Retirements; Revocation of Commissions

Ҥ281. Revocation of commissions during first three years of commissioned service

“The Secretary, under such regulations as he may prescribe, may revoke the commission of any regular officer on active duty who, at the date of such revocation, has had less than three years of continuous service as a commissioned officer in the Regular Coast Guard.

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Ӥ282. Regular lieutenants (junior grade); separation for failure of selection for promotion

“Each officer of the Regular Coast Guard appointed under section 211 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall:

“(1)“(1)

be honorably discharged on June 30 of the fiscal year in which his second failure of selection occurs; or

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“(2)“(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

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“(3)“(3)

if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date.

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Ҥ283. Regular lieutenants; separation for failure of selection for promotion; continuation

“(a)“(a)

Each officer of the Regular Coast Guard appointed under section 211 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)“(1)

be honorably discharged on June 30 of the fiscal year in which his second failure of selection occurs; or

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“(2)“(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

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“(3)“(3)

if on the date specified for his discharge in this section, he is eligible for retirement under any law, lie retired on that date; or

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“(4)“(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.

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“(b)“(b)

When the needs of the service require, the Secretary may direct a selection board, which has been convened under section 251 of this chapter, 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. 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.

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“(c)“(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.

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Ҥ284. Regular Coast Guard; officers serving under temporary appointments

“(a)“(a)

Each officer of the Regular Coast Guard appointed under section 214 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall:

“(1)“(1)

be honorably discharged on June 30 of the fiscal year in which his second failure of selection occurs; or

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“(2)“(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

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“(3)“(3)

if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date.

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“(b)“(b)

Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.

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Ҥ285. Regular lieutenant commanders and commanders; retirement for failure of selection for promotion

“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)“(1)

if eligible for retirement under any law on June 30 of the fiscal year in which his second failure of selection occurs, be retired on that date; or

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“(2)“(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.

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Ҥ286. Discharge in lieu of retirement; severance pay

“(a)“(a)

Each officer who is retained on active duty under section 283(a) (4), 283(b), or 285 of this title may, if he so requests, with the approval of the Secretary, be honorably discharged at any time prior to the date otherwise specified for his retirement or discharge.

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“(b)“(b)

Each officer discharged under this section or under section 282, 283, or 284 of this title is entitled to a lump-sum payment computed by multiplying his years of active commissioned service, but not more than twelve, by two months’ basic pay of the grade in which he is serving on the date of his discharge. In determining the total number of years of active service to be used as a multiplier in computing this payment, a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded. The acceptance of a lump-sum payment under this section does not deprive a person of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received payment under this section until the total amount deducted equals the amount of the lump-sum payment.

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Ҥ287. Separation for failure of selection for promotion or continuation; time of

“If, under section 282,283,284,285, or 289 of this title, the discharge or retirement of any officer would be required less than six months following approval of the report of the board which considered but did not select him for promotion or continuation, the discharge or retirement of such officer shall be deferred until the last day of the sixth calendar month after such approval.

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Ҥ288. Regular captains; retirement

“(a)“(a)

Each officer of the Regular Coast Guard Serving in the grade of captain whose name is not carried on an approved list of officers selected for promotion to the grade of rear admiral shall, if not earlier retired, be retired on June 30 of the fiscal year in which he, or any captain junior to him on the active duty promotion list who has not lost numbers or precedence, completes thirty years of active commissioned service in the Coast Guard.

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“(b)“(b)

Notwithstanding section 423 of this title, the retired pay of an officer retired under this section shall not be less than 50 percent of the basic pay upon which the computation of his retired pay is based.

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Ҥ289. Captains; continuation on active duty; involuntary retirement

“(a)“(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 to recommend for continuation on active duty office re on the active duty promotion list, serving in the grade of captain, who during the fiscal 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. Officers who are subject to retirement under section 288 of this title during the fiscal year in which the board meets shall not be considered by this board.

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“(b)“(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.

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“(c)“(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 75 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.

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“(d)“(d)

The provisions of sections 253, 254, 258, and 260 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.

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“(e)“(e)

The Secretary shall prescribe by regulation the detailed procedures whereby officers in a continuation zone will be selected for continuation on active duty.

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“(f)“(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

Report to President.

shall submit the report of the board to the President for his approval. 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. Except as required by the procedures of this section, the proceedings of the board shall not be disclosed to any person not a member of the board.

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“(g)“(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 fiscal 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.

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Ҥ290. Rear admirals; retention on the active list; involuntary retirement

“(a)“(a)

Any rear admiral, unless retired under some other provision of law or retained on active duty under subsection (b) of this Section, shall be retired on June 30 of the fiscal year in which he completes a total of seven years of sera’ice in the permanent grade of rear admiral or a total of thirty-five years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, and 434 of this title.

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“(b)“(b)

Notwithstanding subsection (a) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from fiscal year to fiscal year any rear admiral who would otherwise be retired under subsection (a). A rear admiral so retained, unless retired tinder some other provision of law, shall lie retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection.

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“(c)“(c)

Subsections (a) and (b) of this section do not apply to any officer serving as Commandant.

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“§ 291. Voluntary retirement after twenty years’ service

“Any regular commissioned officer who has completed twenty years’ active service in the Coast Guard, Navy, Army, Air Force, or Marine Corps, or the Reserve components thereof, including active duty for training, at least ten years of which shall have been active commissioned service, may, upon his own application, in the discretion of the President, be retired from active service, with retired pay of the grade with which retired.

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“§292. Voluntary retirement after thirty years’ service

“Any regular commissioned officer who has completed thirty years’ service may, upon his own application, in the discretion of the Secretary, be retired from active service with retired pay of the grade with which retired.

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Ҥ 293. Compulsory retirement at age of sixty-two

“Any regular commissioned officer, except a commissioned warrant officer, who has reached the age of sixty-two shall be retired from active service, with retired pay of the grade with which retired.

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Ҥ 294. Retirement for physical disability after selection for promotion; grade in which retired

“An officer whose name appears on an approved list of officers selected for promotion to the next higher grade and who is retired for physical disability under the provisions of chapter 61 of title 10

70A Stat. 91.

10 USC 1201, 1221.

prior to being promoted shall be retired in the grade to which he was selected for promotion.

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“E. Separation for Cause

Ҥ 321. Review of records of officers

“The Secretary may at any time convene a board of officers to review the record of any officer of the Regular Coast Guard to determine whether he shall be required to show cause for his retention on active duty—

“(1)“(1)

because his performance of duty has fallen below the standards prescribed by the Secretary, or

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“(2)“(2)

because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with the interests of national security.

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Ҥ322. Boards of inquiry

“(a)“(a)

Boards of inquiry shall be convened at such places as the Secretary may prescribe to receive evidence and make findings and recommendations whether an officer who is required to show cause for retention under section 321 of this title should be retained on active duty.

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“(b)“(b)

A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.

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“(c)“(c)

If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall send the record of its proceedings to a board of review.

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“(d)“(d)

If a board of inquiry determines that the officer has established that he should be retained, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321, and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.

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Ҥ 323. Boards of review

“(a)“(a)

Boards of review shall be convened at such times as the Secretary may prescribe, to review the records of cases of officers recommended by boards of inquiry for removal.

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“(b)“(b)

If, after reviewing the record of the case, a board of review determines that the officer has failed to establish that he should be retained, it shall send its recommendation to the Secretary for his action.

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“(c)“(c)

If, after reviewing the record of the case, a board of review determines that the officer has established that he should be retained on active duty, his case is closed. However, at any time after one year from the date of the determination in a case arising under clause (1) of section 321 and at any time after the date of the determination in a case arising under clause (2) of that section, an officer may again be required to show cause for retention.

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Ҥ324. Composition of boards

“(a)“(a)

A board convened under section 321, 322, or 323 of this title shall consist of at least three officers of the grade of commander or above, all of whom are serving in a grade senior to the grade of any officer considered by the board)

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“(b)“(b)

No person may be a member of more than one board convened under section 321, 322, or 323 of this title to consider the same officer.

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Ҥ325. Rights and procedures

“Each officer under consideration for removal under section 322 of this title shall be—

“(1)“(1)

notified in writing at least thirty days before the hearing of the case by a board of inquiry of the reasons for which the officer is being required to show cause for retention;

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“(2)“(2)

allowed reasonable time, as determined by the board of inquiry under regulations of the Secretary, to prepare his defense;

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“(3)“(3)

allowed to appear in person and by counsel at proceedings before a board of inquiry; and .

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“(4)“(4)

allowed full access to, and furnished copies of, records relevant to the case at all stages of the proceeding, except that a board shall withhold any records that the Secretary determines should be withheld in the interests of national security. In any case where any records are withheld under this clause, the officer whose case is under consideration shall, to the extent that the national security permits, be furnished a summary of the records so withheld.

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Ҥ326. Removal of officer from active duty; action by Secretary

“The Secretary may remove an officer from active duty if his removal is recommended by a board of review under section 323 of this title. The Secretary’s action in such a case is final and conclusive.

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Ҥ 327. Officers considered for removal; retirement or discharge; severance benefits

“(a)“(a)

At any time during proceedings under section 322 or 323, and before the removal of an officer, the Secretary may grant, a request—

“(1)“(1)

for voluntary retirement, if the officer is otherwise qualified therefor; or

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“(2)“(2)

for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321; or

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“(3)“(3)

for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321.

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“(b)“(b)

Each officer removed from active duty under section 326 of this title shall—

“(1)“(1)

if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade and with the pay for which he would be eligible if retired at his request; or

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(2)(2)

if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, but. not more than twelve, by one month’s basic pay of that grade, in those cases arising under clause (1) of section 321; or

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(3)(3)

if on that date the officer is ineligible for voluntary retirement under any law, be discharged in the grade then held with severance pay computed by multiplying his years of active commissioned service, out not more than twelve, by one month’s basic pay of that grade, in those, cases arising under clause (2) of section 321.

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“F. Miscellaneous Provisions

§(331) Recall to active duty during war or national emergency

“In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

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§332. Recall to active duty with consent of officer

“(a)“(a)

Any regular officer on the retired list may, with his consent, be assigned to such duties as he may be able to perform but no officer on the retired list who has reached the age of sixty-two years shall be recalled in time of peace.

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“(b)“(b)

The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 1 percent of the authorized number of officers on active duty in each such grade.

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§333. Relief of retired officer promoted while on active duty

“Any regular officer on the retired list recalled to active duty who during such active duty is advanced to a higher grade under an appointment shall, upon relief from active duty, if his performance of duty under such appointment has been satisfactory, be advanced on the retired list to the highest grade held while on such active duty.

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§334. Retirement in eases where higher grade has been held

“(a)“(a)

Any commissioned officer, other than a commissioned warrant officer, who is retired under any provision of this title, shall be retired from active service with the highest grade held by him for not less than six months while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, with retired pay of the grade with which retired.

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“(b)“(b)

Any warrant officer who is retired under any provision of section 564, 1263, 1293, or 1305 of title 10, shall be retired from active .service with the highest commissioned grade above chief warrant officer, W–4, held by him for not less than six months on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, with retired pay of the grade with which retired. However, when the rate of pay or such highest grade is less than the pay of the warrant grade with which the officer would otherwise be

70A Stat. 104.

retired under section 1371 of title 10, the retired pay shall be based on the higher rate of pay.

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§335. Physical fitness of officers

“The Secretary shall prescribe regulations under which the physical fitness of officers to perform their duties shall be periodically determined.”

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by striking out the words “two thousand two hundred and fifty” in subsection (a) and substituting in place thereof the words “total number of”, and

by adding the following new subsection at the end:

“(i)“(i)

No personnel of the former Bureau of Marine Inspection and Navigation and Bureau of Customs transferred from those Bureaus to the Coast Guard by Executive Order 9083 and by Reorganization Plan Numbered 3, effective July 16, 1946, who are serving as commissioned officers in the Coast Guard, shall be required to retire from active service under the provisions of section 288 of this title prior to completion of thirty years of active commissioned service, including service creditable for retirement purposes under this section, nor shall any such officers be subject, to the provisions of section 289 of this title.”

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by striking out the figure “436” in subsection (a) and substituting in place thereof the figure “275”;

by striking out the figure “435” in subsection (a) and substituting in place thereof the figure “214”.

officers serving in the grade of captain who have not been selected for promotion to the grade of rear admiral and who are not subject to retirement under section 288 of title 14, United States Code, during the fiscal year in which a board is convened under this section, and

officers serving in the grade of commander.

is considered for continuation on active duty under this section, and

is not recommended for continuation, and

either retires under this section, or voluntarily retires under another provision of law before the date specified for his retirement under this section,