Volume 86 · 755
Public Law 92–451
To amend the provisions of title 14, United States Code, relating to the flag officer structure of the Coast Guard, and for other purposes.
Approved October 2, 1972
Statutory text
AN ACT
To amend the provisions of title 14, United States Code, relating to the flag officer structure of the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 14, United States Code, is amended as follows:
The first sentence of section 41 is amended by striking out “a
vice admiral” and inserting in lieu thereof “vice admirals”.
The first sentence of subsection (e) of section 42 is amended by
inserting the words “or excluded under the provisions of section 9(d) (1) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657),” between the words “basis” and “shall”.
The second sentence of section 44 is amended by striking out
the words “in the grade of captain or above” and inserting in lieu thereof the words “above the grade of captain”.
Section 47 is amended by striking out the word “Assistant”
wherever it appears preceding the word “Commandant” and inserting in lieu thereof the word “Vice”; by striking out the words “in the grade of captain or above” in the second sentence of subsection (a) and inserting in lieu thereof the words “above the grade of captain”; and by striking out the word “An” in subsection (b) and inserting in lieu thereof the word “A”.
By adding the following new sections at the end of chapter 3:
Ҥ 50. Area commanders
“(a) The President may appoint, by and with the advice and consent of the Senate, a Commander, Atlantic Area, and a Commander, Pacific Area, each of whom shall be an intermediate commander between the Commandant and the district commander’s in his respective area and shall perform such duties as the Commandant may prescribe. The area commanders shall be appointed from officer’s on the active duty promotion list serving above the grade of captain, The Commandant shall make recommendations for such appointments.
“(b) An area commander shall, while so serving, have the grade of vice admiral with pay and allowances of that grade. The appointment of an area commander is effective on the date the officer assumes that duty, and terminates on the date he is detached from that duty.
Ҥ 51. Retirement
“(a) An officer who, while serving as Commander, Atlantic Area, or Commander, Pacific Area, is retired for physical disability shall be placed on the retired list with the grade and retired pay of vice admiral.
“(b) An officer who is retired while serving as Commander, Atlantic Area, or Commander, Pacific Area, or who, after serving at least two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the grade and retired pay of vice admiral.
“(c) An officer who, after serving less than two and one-half years in the grade of vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade and with the retired pay of that grade.”
The first sentence of section 287 is amended by striking out the
word and figures “or 289” and by inserting in lieu thereof the word and figures “289, or 290”.
Section 290 is amended to read as follows:
Ҥ290. Rear admirals; continuation on active duty; involuntary retirement
“(a) The Secretary shall from time to time convene boards to recommend for continuation on active duty the most senior officers on the active duty promotion list serving in the grade of rear admiral who have not previously been considered for continuation in that grade. Officers serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral. A board shall consist of at least five officers serving in the grade of vice admiral or as rear admirals previously continued. Boards shall be convened frequently enough to assure that each officer serving in the grade of rear admiral is subject to consideration for continuation during a fiscal year in which he completes not less than four or more than five years service in that grade.
“(b) The Secretary shall, based upon the needs of the service, furnish each board convened under this section with the number of officers to I)e considered for continuation on active duty. The number that may be recommended for continuation shall be not less than 50 per centum or more than 75 per centum of the number of officer’s being considered for continuation.
“(c) The provisions of sections 253, 254, 258, and 260 of this title relating to selection and continuation boards shall to the extent they are not inconsistent with the provisions of this section, apply to boards convened under this section.
“(d) 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 shall submit the report of the board to the President for his approval.
“(e) Each officer who is considered but not continued 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.
“(f) Each officer who is continued 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 he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434
of this title.
“(g) Notwithstanding subsection (f) 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 officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that fiscal year in which no action is taken to further retain him under this subsection.”
The analysis of chapter 3 is amended by striking out:
and inserting in lieu thereof:
The analysis of chapter 11 is amended by striking out:
and inserting in lieu thereof:
Sec. 2.
Subsection (f) of section 202 of title 37, United States Code,
is amended to read as follows:
“(f) The number of rear admirals on the active list of the Coast Guard entitled to the basic pay of a rear admiral of (he upper half is one-half of the number of officers on the active list in grades above captain, less the number of officers serving in grades above rear admiral. If the division results in an odd number, the odd number shall be placed in the upper half. However, an officer who is entitled to the basic pay of a rear admiral of the upper half may not have his basic pay reduced solely because the number of rear admirals is reduced.”
Sec. 3. interim provision’s
This Act is effective upon enactment except that continuation
Effective date.
boards, pursuant, to subsection (a) of section 290 of title 14, United States Code, as amended by this Act, may not be held until one year following enactment hereof. During the period of one year
Ante, p. 756.
following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years’ service in that grade. Subsections (b) through (g) of section ¿90 and other sections of title 14, United States Code, as amended by this Act, apply to continuation board action taken pursuant to this section. No officer who is entitled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduction which results from this Act in the number of officers entitled to the basic pay of a rear admiral of the Upper half.
Approved October 2, 1972.