§ 2307. Retirement of enlisted members: increase in retired pay

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. 1949

   Title 14, United States Code, section —

   Pub. L. 81–393 · 63 Stat. 495

   Enacted · 14 U.S.C. § 2307

   Aug. 4, 1949, ch. 393, 63 Stat. 521, § 357

   Source evidence

   Code source credit
   Aug. 4, 1949, ch. 393, 63 Stat. 521, § 357

2. 1950

   Public Law not identified

   Substituted · 14 U.S.C. § 2307(c)

   Subsec. (c). Act Aug. 3, 1950, substituted “years’ ” for “years”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act Aug. 3, 1950, substituted “years’ ” for “years”.

3. 1963

   Pub. L. 88–114 § 1(1) · 77 Stat. 144

   Struck · 14 U.S.C. § 2307(c)

   Pub. L. 88–114 struck out provisions which entitled enlisted men whose average marks in conduct were not less than 97½ percent of the maximum to a 10-percent increase of their retired pay

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 88–114 struck out provisions which entitled enlisted men whose average marks in conduct were not less than 97½ percent of the maximum to a 10-percent increase of their retired pay.

   Enacted provision · exact public law section
   (1) Section 357(c) is amended by striking out the words “or any enlisted man so retired whose average marks in conduct during his service in the Coast Guard were not less than 97½ per centum of the maximum, or any enlisted man so retired who shall have been both so cited and shall have received such average marks,”.

4. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 15(a)(3)(A) · 98 Stat. 2860

   Substituted · 14 U.S.C. § 2307

   Pub. L. 98–557, § 15(a)(3)(A), substituted reference to enlisted member for reference to enlisted man wherever appearing in subsecs. (a) to (c)

   Source evidence

   Code amendment note
   Pub. L. 98–557, § 15(a)(3)(A), substituted reference to enlisted member for reference to enlisted man wherever appearing in subsecs. (a) to (c).

   Enacted provision · exact public law section
   (A) The following sections of such title are amended by striking “enlisted man” each place it appears and inserting in lieu thereof “enlisted member”: 353, 354, 355, 357, 359, 360, 361, 362, 365, 366, 367, 370, 421, 423, and 424.

5. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 15(a)(3)(B) · 98 Stat. 2860

   Substituted · 14 U.S.C. § 2307(a)

   Pub. L. 98–557, § 15(a)(3)(B), substituted reference to enlisted members for reference to enlisted men in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–557, § 15(a)(3)(B), substituted reference to enlisted members for reference to enlisted men in two places.

   Enacted provision · exact public law section
   (B) The following sections of such title are amended by striking “enlisted men” each place it appears and inserting in lieu thereof “enlisted members”: 41, 211(a)(2), 212(a)(2), 213(a)(1), 214, 357, 432(c), 478(d), and 480.

6. 1986

   Pub. L. 99–348 § 205(b)(9)(A) · 100 Stat. 682

   Substituted · 14 U.S.C. § 2307(b)

   Pub. L. 99–348, § 205(b)(9)(A), substituted “retired pay” for “the retired pay of the grade or rating with which retired”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–348, § 205(b)(9)(A), substituted “retired pay” for “the retired pay of the grade or rating with which retired”.

   Enacted provision · exact public law section
   (A) by striking out “the retired pay of the grade or rating with which retired” in subsection (b) and inserting in lieu thereof “retired pay”; and

7. 1986

   Pub. L. 99–348 § 205(b)(9)(B) · 100 Stat. 682

   Substituted · 14 U.S.C. § 2307(c)

   Pub. L. 99–348, § 205(b)(9)(B), substituted provision that retired pay be increased by an amount equal to 10 percent of the active-duty pay and permanent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under 423(a) of this title, or the member’s retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title for provision that the retired pay be increased by an amount equal to 10 per cent of the active-duty pay and permanent additions thereto of the grade or rating with which retired

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–348, § 205(b)(9)(B), substituted provision that retired pay be increased by an amount equal to 10 percent of the active-duty pay and permanent additions thereto of the grade or rating with which retired, in the case of a member whose retired pay is computed under 423(a) of this title, or the member’s retired pay base under section 1407 of title 10, in the case of a member whose retired pay is computed under section 423(b) of this title for provision that the retired pay be increased by an amount equal to 10 per cent of the active-duty pay and permanent additions thereto of the grade or rating with which retired.

   Enacted provision · exact public law section
   (B) by striking out “by an amount” and all that follows in subsection (c) and inserting in lieu thereof “by an amount equal to 10 percent of—

8. 1991

   Coast Guard Authorization Act of 1991

   Pub. L. 102–241 § 6 · 105 Stat. 2208

   1. Substituted · 14 U.S.C. § 2307

      Pub. L. 102–241 substituted “Involuntary retirement of enlisted members” for “Enlisted Personnel Board” in section catchline

   2. Amended · 14 U.S.C. § 2307

      Pub. L. 102–241 amended text generally. Prior to amendment, text provided that the Commandant assemble annually a Coast Guard Enlisted Personnel Board to recommend enlisted members for retirement, that the recommendations be transmitted to the Commandant for approval, in which event the enlisted members concerned would be notified and given opportunity to file a written protest, which would require a subsequent annual Board determination and approval by the Commandant to effect the involuntary retirement of that member, and further provided that an enlisted member with twenty years’ service retired from active duty by the Commandant pursuant to this section was to receive retired pay, and that an enlisted member voluntarily or involuntarily retired by reason of twenty years’ service who had been cited for extraordinary heroism was entitled to an increase in retired pay

   Source evidence

   Code amendment note
   Pub. L. 102–241 substituted “Involuntary retirement of enlisted members” for “Enlisted Personnel Board” in section catchline and amended text generally. Prior to amendment, text provided that the Commandant assemble annually a Coast Guard Enlisted Personnel Board to recommend enlisted members for retirement, that the recommendations be transmitted to the Commandant for approval, in which event the enlisted members concerned would be notified and given opportunity to file a written protest, which would require a subsequent annual Board determination and approval by the Commandant to effect the involuntary retirement of that member, and further provided that an enlisted member with twenty years’ service retired from active duty by the Commandant pursuant to this section was to receive retired pay, and that an enlisted member voluntarily or involuntarily retired by reason of twenty years’ service who had been cited for extraordinary heroism was entitled to an increase in retired pay.

   Enacted provision · exact public law section
   SEC. 6. ENLISTED PERSONNEL BOARDS. (a) Section 357 of title 14, United States Code, is amended to read as follows: “(a) Enlisted Personnel Boards shall be convened as the Commandant may prescribe to review the records of enlisted members who have twenty or more years of active military service. “(b) Enlisted members who have twenty or more years of active military service may be considered by the Commandant for involuntary retirement and may be retired on recommendation of a Board— “(1) because the member’s performance is below the standards the Commandant prescribes; or “(2) because of professional dereliction. “(c) An enlisted member under review by the Board shall be— “(1) notified in writing of the reasons the member is being considered for involuntary retirement; “(2) allowed sixty days from the date on which counsel is provided under paragraph (3) to submit any matters in rebuttal; “(3) provided counsel, certified under section 827(b) of title 10, to help prepare the rebuttal submitted under paragraph (2) and to represent the member before the Board under paragraph (5); “(4) allowed full access to and be furnished with copies of records relevant to the consideration for involuntary retirement prior to submission of the rebuttal submitted under paragraph (2); and “(5) allowed to appear before the Board and present witnesses or other documentation related to the review. “(d) A Board convened under this section shall consist of at least three commissioned officers, at least one of whom shall be of the grade of commander or above. “(e) A Board convened under this section shall recommend to the Commandant enlisted members who— “(1) have twenty or more years of active service; “(2) have been considered for involuntary retirement; and “(3) it determines should be involuntarily retired. “(f) After the Board makes its determination, each enlisted member the Commandant considers for involuntary retirement shall be— “(1) notified by certified mail of the reasons the member is being considered for involuntary retirement; “(2) allowed sixty days from the date counsel is provided under paragraph (3) to submit any matters in rebuttal; “(3) provided counsel, certified under section 827(b) of title 10, to help prepare the rebuttal submitted under paragraph (2); and “(4) allowed full access to and be furnished with copies of records relevant to the consideration for involuntary retirement prior to submission of the rebuttal submitted under paragraph (2). “(g) If the Commandant approves the Board’s recommendation, the enlisted member shall be notified of the Commandant’s decision and shall be retired from the service within ninety days of the notification. “(h) An enlisted member, who has completed twenty years of service and who the Commandant has involuntarily retired under this section, shall receive retired pay. “(i) An enlisted member voluntarily or involuntarily retired after twenty years of service who was cited for extraordinary heroism in the line of duty shall be entitled to an increase in retired pay. The retired pay shall be increased by 10 percent of— “(1) the active-duty pay and permanent additions thereto of the grade or rating with which retired when the member’s retired pay is computed under section 423(a) of this title; or “(2) the member’s retired pay base under section 1407 of title 10, when a member’s retired pay is computed under section 423(b) of this title. “(j) When the Secretary orders a reduction in force, enlisted personnel may be involuntarily separated from the service without the Board’s action.”. (b) The catchline to section 357 of title 14, United States Code, is amended to read: “§ 357. Involuntary retirement of enlisted members”; and item 357 in the analysis to chapter 11 of title 14, United States Code, is amended to read: “357. Involuntary retirement of enlisted members.”.

9. 2016

   Coast Guard Authorization Act of 2015

   Pub. L. 114–120 § 215(b)(1) · 130 Stat. 27

   Substituted · 14 U.S.C. § 2307

   Pub. L. 114–120, § 215(b)(1), substituted “Retirement of enlisted members: increase in retired pay” for “Involuntary retirement of enlisted members” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 114–120, § 215(b)(1), substituted “Retirement of enlisted members: increase in retired pay” for “Involuntary retirement of enlisted members” in section catchline.

   Enacted provision · exact public law section
   (1) Heading amendment.— The heading of such section is amended to read as follows: “§ 357. Retirement of enlisted members: increase in retired pay”

10. 2016

    Coast Guard Authorization Act of 2015

    Pub. L. 114–120 § 215(a) · 130 Stat. 27

    1. Struck · 14 U.S.C. § 2307

       Pub. L. 114–120, § 215(a), struck out subsec. (i) designation before “An enlisted member”

    2. Struck · 14 U.S.C. § 2307

       Pub. L. 114–120, § 215(a), struck out subsecs. (a) to (h) and (j) which related to procedures and requirements for involuntary retirement of enlisted members

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–120, § 215(a), struck out subsec. (i) designation before “An enlisted member” and struck out subsecs. (a) to (h) and (j) which related to procedures and requirements for involuntary retirement of enlisted members.

    Enacted provision · exact public law section
    (a) In General.— Section 357 of title 14, United States Code, is amended— (1) by striking subsections (a) through (h) and subsection (j); and (2) in subsection (i), by striking “(i)”.

11. 2018

    Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 113(b) · 132 Stat. 4192

    Changed · 14 U.S.C. § 2307

    Pub. L. 115–282, § 113(b), renumbered section 357 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–282, § 113(b), renumbered section 357 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 23 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 350Recruiting campaigns2301 351Enlistments; term, grade2302 352Promotion2303 353Compulsory retirement at age of sixty-two2304 354Voluntary retirement after thirty years’ service2305 355Voluntary retirement after twenty years’ service2306 357Retirement of enlisted members: increase in retired pay2307 359Recall to active duty during war or national emergency2308 360Recall to active duty with consent of member2309 361Relief of retired enlisted member promoted while on active duty2310 362Retirement in cases where higher grade or rating has been held2311 365Extension of enlistments2312 366Retention beyond term of enlistment in case of disability2313 367Detention beyond term of enlistment2314 369Inclusion of certain conditions in enlistment contract2315 370Discharge within three months before expiration of enlistment2316 371Aviation cadets; procurement; transfer2317 372Aviation cadets; benefits2318 374Critical skill training bonus2319

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. § 2307(1)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2504(a)” for “section 423(a)”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 115–282, § 123(b)(2), substituted “section 2504(a)” for “section 423(a)”.

    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. § 2307(2)

    Pub. L. 115–282, § 123(b)(2), substituted “section 2504(b)” for “section 423(b)”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 115–282, § 123(b)(2), substituted “section 2504(b)” for “section 423(b)”.

    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 of 15 references resolved to an enrolled provision · 1 partial · 1 unresolved