Title 14 — Coast Guard
Chapter 21 — Personnel; Officers
§ 2159. Boards of inquiry
Statutory text
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 2158 of this title should be retained on active duty.
A fair and impartial hearing before a board of inquiry shall be given to each officer so required to show cause for retention.
If a board of inquiry determines that the officer has failed to establish that he should be retained, it shall recommend to the Secretary that the officer not be retained on active duty.
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 2158 of this title, 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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 88–130 § 1(10)(C) · 77 Stat. 174
Enacted · 14 U.S.C. § 2159
Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 322
Source evidence
Code source credit
Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 188, § 322Enacted provision · exact public law section
(1) The following new section is added after section 41: “§41a. Active duty promotion list “(a) The Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers of the Women’s Reserve shall not be included on the active duty promotion list. Reserve officers on extended active duty, other than those serving in connection with organizing, administering, recruiting, instructing, or training the Reserve components, shall be included on the active duty promotion list. “(b) Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are. serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error, “(c) A person appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority. “(d) A Reserve officer, other than one excluded by subsection (a), shall, when he enters on extended active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.”Pub. L. 97–295 § 2(10) · 96 Stat. 1287
Inserted · 14 U.S.C. § 2159(d)
Pub. L. 97–295 inserted “of this title” after “section 321”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–295 inserted “of this title” after “section 321”.Enacted provision · exact public law section
(10) Sections 322(d), 323(c), and 327 are amended by inserting “of this title” immediately after each reference to “section 321” and “section 322 or 323”.Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 112(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 2159
Pub. L. 115–282, § 112(b), renumbered section 322 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282, § 112(b), renumbered section 322 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 21 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 211Original appointment of permanent commissioned officers2101 41aActive duty promotion list2102 42Number and distribution of commissioned officers on active duty promotion list2103 214Appointment of temporary officers2104 215Rank of warrant officers2105 251Selection boards; convening of boards2106 252Selection boards; composition of boards2107 253Selection boards; notice of convening; communication with board2108 254Selection boards; oath of members2109 255Number of officers to be selected for promotion2110 256Promotion zones2111 256aPromotion year; defined2112 257Eligibility of officers for consideration for promotion2113 258Selection boards; information to be furnished boards2115 259Officers to be recommended for promotion2116 260Selection boards; reports2117 261Selection boards; submission of reports2118 262Failure of selection for promotion2119 263Special selection boards; correction of errors2120 271Promotions; appointments2121 272Removal of officer from list of selectees for promotion2122 273Promotions; acceptance; oath of office2123 274Promotions; pay and allowances2124 275Wartime temporary service promotions2125 276Promotion of officers not included on active duty promotion list2126 331Recall to active duty during war or national emergency2127 332Recall to active duty with consent of officer2128 373Aviation cadets; appointment as Reserve officers2129 281Revocation of commissions during first five years of commissioned service2141 282Regular lieutenants (junior grade); separation for failure of selection for promotion2142 283Regular lieutenants; separation for failure of selection for promotion; continuation2143 284Regular Coast Guard; officers serving under temporary appointments2144 285Regular lieutenant commanders and commanders; retirement for failure of selection for promotion2145 286Discharge in lieu of retirement; separation pay2146 286aRegular warrant officers: separation pay2147 287Separation for failure of selection for promotion or continuation; time of2148 288Regular captains; retirement2149 289Captains; continuation on active duty; involuntary retirement2150 290Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement2151 291Voluntary retirement after twenty years’ service2152 292Voluntary retirement after thirty years’ service2153 293Compulsory retirement2154 294Retirement for physical disability after selection for promotion; grade in which retired2155 295Deferment of retirement or separation for medical reasons2156 296Flag officers2157 321Review of records of officers2158 322Boards of inquiry2159 323Boards of review2160 324Composition of boards2161 325Rights and procedures2162 326Removal of officer from active duty; action by Secretary2163 327Officers considered for removal; retirement or discharge; separation benefits2164 333Relief of retired officer promoted while on active duty2165 335Physical fitness of officers2181 429Multirater assessment of certain personnel2182Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 2159(a); 14 U.S.C. § 2159(d)
Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”
Source evidence
Code amendment note
Subsecs. (a), (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”.Enacted provision · exact public law section
(2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.Pub. L. 119–60 div. G title LXXII § 7223(b) · 139 Stat. 1702
Substituted · 14 U.S.C. § 2159(c)
Pub. L. 119–60 substituted “recommend to the Secretary that the officer not be retained on active duty” for “send the record of its proceedings to a board of review”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 119–60 substituted “recommend to the Secretary that the officer not be retained on active duty” for “send the record of its proceedings to a board of review”.
4 of 5 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Amendments1982–2025 · 3 rounds
2025
Subsec. (c). Pub. L. 119–60 substituted “recommend to the Secretary that the officer not be retained on active duty” for “send the record of its proceedings to a board of review”.
2018
Pub. L. 115–282, § 112(b), renumbered section 322 of this title as this section.
Subsecs. (a), (d). Pub. L. 115–282, § 123(b)(2), substituted “section 2158” for “section 321”.
1982
Subsec. (d). Pub. L. 97–295 inserted “of this title” after “section 321”.
Credits
1963–2025 · 4 acts
- 1963Added Pub. L. 88–130, § 1(10)(C), , 77 Stat. 188, § 322
- 1982amended Pub. L. 97–295, § 2(10), , 96 Stat. 1302
- 2018renumbered § 2159 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), , 132 Stat. 4216, 4240
- 2025Pub. L. 119–60, div. G, title LXXII, § 7223(b), , 139 Stat. 1702.
Show as published
(Added Pub. L. 88–130, § 1(10)(C), , 77 Stat. 188, § 322; amended Pub. L. 97–295, § 2(10), , 96 Stat. 1302; renumbered § 2159 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), , 132 Stat. 4216, 4240; Pub. L. 119–60, div. G, title LXXII, § 7223(b), , 139 Stat. 1702.)