§ 2311. Retirement in cases where higher grade or rating has been held

Statutory text

Any enlisted member who is retired under any provision of section 2304, 2305, 2306, or 2307 of this title shall be retired from active service with the highest grade or rating held by him while on active duty in which, as determined by the Secretary, his performance of duty was satisfactory, but not lower than his permanent grade or rating.

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.

1949
Title 14, United States Code, section —
Pub. L. 81–393 · 63 Stat. 495
Enacted · 14 U.S.C. § 2311
Aug. 4, 1949, ch. 393, 63 Stat. 522, § 362
Source evidence
Code source credit
Aug. 4, 1949, ch. 393, 63 Stat. 522, § 362
1982
Pub. L. 97–295 § 2(9) · 96 Stat. 1287
Substituted · 14 U.S.C. § 2311
Pub. L. 97–295 substituted “of this title” for “of this chapter” after “357”
Source evidence
Code amendment note
Pub. L. 97–295 substituted “of this title” for “of this chapter” after “357”.
Enacted provision · exact public law section
(9) Sections 283(b) and 362 are amended by striking out “of this chapter” and substituting “of this title”.
1984
Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 15(a)(3)(A) · 98 Stat. 2860
Substituted · 14 U.S.C. § 2311
Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man
Source evidence
Code amendment note
Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.
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.
1986
Pub. L. 99–348 title II § 205(b)(8) · 100 Stat. 682
Struck · 14 U.S.C. § 2311
Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “permanent grade or rating”
Source evidence
Code amendment note
Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “permanent grade or rating”.
Enacted provision · exact public law section
(8) Sections 353, 354, 355, and 362 of such title are amended by striking out “, with retired pay of the grade or rating with which retired”.
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 2311
Pub. L. 115–282, § 123(b)(2), substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”
Source evidence
Code amendment note
Pub. L. 115–282, § 123(b)(2), substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”.
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.
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 113(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 2311
Pub. L. 115–282, § 113(b), renumbered section 362 of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–282, § 113(b), renumbered section 362 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

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 34, U.S.C., 1946 ed., § 3501(e) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).

The requirement that the higher grade or rating be held prior to June 30, 1946, has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the act of June 29, 1948, ch. 708, 62 Stat. 1081. The act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U.S.C., 1946 ed., § 350j(b)). 81st Congress, House Report No. 557.

Editorial Notes

Amendments1950–2018 · 5 rounds

2018

Pub. L. 115–282, § 123(b)(2), substituted “section 2304, 2305, 2306, or 2307” for “section 353, 354, 355, or 357”.

Pub. L. 115–282, § 113(b), renumbered section 362 of this title as this section.

1986

Pub. L. 99–348 struck out “, with retired pay of the grade or rating with which retired” after “permanent grade or rating”.

1984

Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man.

1982

Pub. L. 97–295 substituted “of this title” for “of this chapter” after “357”.

1950

Act Aug. 3, 1950, struck out reference to section 356.

Credits

1949–2018 · 6 acts

1949Aug. 4, 1949, ch. 393, 63 Stat. 522, § 362
1950Aug. 3, 1950, ch. 536, § 21, 64 Stat. 407
1982Pub. L. 97–295, § 2(9), Oct. 12, 1982, 96 Stat. 1302
1984Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865
1986Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700
2018renumbered § 2311 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.

Show as published

(Aug. 4, 1949, ch. 393, 63 Stat. 522, § 362; Aug. 3, 1950, ch. 536, § 21, 64 Stat. 407; Pub. L. 97–295, § 2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99–348, title II, § 205(b)(8), July 1, 1986, 100 Stat. 700; renumbered § 2311 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)