§ 2164. Officers considered for removal; retirement or discharge; separation benefits

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.

1. 1963

   Pub. L. 88–130 § 1(10)(C) · 77 Stat. 174

   Enacted · 14 U.S.C. § 2164

   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 327

   Source evidence

   Code source credit
   Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 327

   Enacted 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.”

2. 1982

   Pub. L. 97–295 § 2(10) · 96 Stat. 1287

   Inserted · 14 U.S.C. § 2164

   Pub. L. 97–295 inserted “of this title” after “section 322 or 323” and “section 321” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 97–295 inserted “of this title” after “section 322 or 323” and “section 321” wherever appearing.

   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”.

3. 1986

   Pub. L. 99–348 title II § 205(b)(6) · 100 Stat. 682

   Struck · 14 U.S.C. § 2164(b)(1)

   Pub. L. 99–348 struck out “, and with the pay” after “in the grade”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–348 struck out “, and with the pay” after “in the grade”.

   Enacted provision · exact public law section
   (6) Section 327(b)(1) of such title is amended by striking out “, and with the pay”.

4. 1998

   Coast Guard Authorization Act of 1998

   Pub. L. 105–383 title II § 201(c) · 112 Stat. 3411

   Inserted · 14 U.S.C. § 2164(b)(3)

   Pub. L. 105–383 inserted before period at end “, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–383 inserted before period at end “, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay”.

   Enacted provision · exact public law section
   (c) Exception.— Section 327 of title 14, United States Code, is amended by striking the period at the end of paragraph (b)(3) and inserting “, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.”.

5. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 416(a)(5)(A) · 116 Stat. 2064

   Substituted · 14 U.S.C. § 2164

   Pub. L. 107–295, § 416(a)(5)(A), substituted “separation” for “severance” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 107–295, § 416(a)(5)(A), substituted “separation” for “severance” in section catchline.

   Enacted provision · exact public law section
   (A) by striking “severance” in the section heading and inserting “separation”;

   Effective date note
   Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

6. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 416(a)(5)(B) · 116 Stat. 2064

   1. Added · 14 U.S.C. § 2164(a)(2)

      Pub. L. 107–295, § 416(a)(5)(B), added par. (2)

   2. Struck · 14 U.S.C. § 2164(a)(2)

      Pub. L. 107–295, § 416(a)(5)(B), struck out former par. (2) which read as follows: “for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–295, § 416(a)(5)(B), added par. (2) and struck out former par. (2) which read as follows: “for honorable discharge with severance benefits under subsection (b) in those cases arising under clause (1) of section 321 of this title; or”.

   Enacted provision · exact public law section
   (B) by striking subsection (a)(2) and inserting the following: “(2) for discharge with separation benefits under section 286(c) of this title.”;

   Effective date note
   Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

7. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 416(a)(5)(C) · 116 Stat. 2064

   Struck · 14 U.S.C. § 2164(a)(3)

   Pub. L. 107–295, § 416(a)(5)(C), struck out par. (3) which read as follows: “for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321 of this title.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 107–295, § 416(a)(5)(C), struck out par. (3) which read as follows: “for discharge with severance benefits under subsection (b) in those cases arising under clause (2) of section 321 of this title.”

   Enacted provision · exact public law section
   (C) by striking subsection (a)(3);

   Effective date note
   Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

8. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 416(a)(5)(D) · 116 Stat. 2064

   1. Added · 14 U.S.C. § 2164(b)(2)

      Pub. L. 107–295, § 416(a)(5)(D), added par. (2)

   2. Struck · 14 U.S.C. § 2164(b)(2)

      Pub. L. 107–295, § 416(a)(5)(D), struck out former par. (2) which read as follows: “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 of this title; or”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 107–295, § 416(a)(5)(D), added par. (2) and struck out former par. (2) which read as follows: “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 of this title; or”.

   Enacted provision · exact public law section
   (D) by striking subsection (b)(2) and inserting the following: “(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 286(c) of this title, unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.”; and

   Effective date note
   Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

9. 2002

   Omnibus Maritime and Coast Guard Improvements Act of 2002

   Pub. L. 107–295 § 416(a)(5)(E) · 116 Stat. 2064

   Struck · 14 U.S.C. § 2164(b)(3)

   Pub. L. 107–295, § 416(a)(5)(E), struck out par. (3) which read as follows: “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, but not more than twelve, by one month’s basic pay of that grade, in those cases arising under clause (2) of section 321 of this title, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 107–295, § 416(a)(5)(E), struck out par. (3) which read as follows: “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, but not more than twelve, by one month’s basic pay of that grade, in those cases arising under clause (2) of section 321 of this title, unless the Secretary determines that the conditions under which the officer is discharged or separated do not warrant payment of that amount of severance pay.”

   Enacted provision · exact public law section
   (E) by striking subsection (b)(3).

   Effective date note
   Amendment by Pub. L. 107–295 effective 4 years after Nov. 25, 2002, see section 416(c) of Pub. L. 107–295, set out as a note under section 2146 of this title.

10. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 112(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 2164

    Pub. L. 115–282, § 112(b), renumbered section 327 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 112(b), renumbered section 327 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 personnel2182

11. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 2164(a)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2159 or 2160” for “section 322 or 323” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2159 or 2160” for “section 322 or 323” in introductory provisions.

    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.

12. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 2164(a)(2)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2146(c)” for “section 286(c)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 2146(c)” for “section 286(c)”.

    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.

13. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 2164(b)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2163” for “section 326” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–282, § 123(b)(2), substituted “section 2163” for “section 326” in introductory provisions.

    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.

14. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

    Substituted · 14 U.S.C. § 2164(b)(2)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2146(c)” for “section 286(c)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–282, § 123(b)(2), substituted “section 2146(c)” for “section 286(c)”.

    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.

15. 2025

    Pub. L. 119–60 div. G title LXXII § 7223(d)(1)(C) · 139 Stat. 1702

    Struck · 14 U.S.C. § 2164(a)

    Pub. L. 119–60 struck out “or 2160” after “section 2159” in introductory provisions

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–60 struck out “or 2160” after “section 2159” in introductory provisions.

16 of 17 references resolved to an enrolled provision · 1 unresolved