§ 2313. Retention beyond term of enlistment in case of disability

Statutory text

Any enlisted member of the Coast Guard in the active service whose term of enlistment expires while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment. Any such enlisted member shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances, including credit for longevity, until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the Coast Guard that the disease or injury is of a character that recovery to such an extent would be impossible. Any enlisted member whose enlistment is so extended shall be subject to forfeitures in the same manner and to the same extent as if his term of enlistment had not expired. Nothing contained in this section shall prevent any enlisted member from being held in the service without his consent under section 2314 of this title.

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. § 2313
Aug. 4, 1949, ch. 393, 63 Stat. 523, § 366
Source evidence
Code source credit
Aug. 4, 1949, ch. 393, 63 Stat. 523, § 366
1984
Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 15(a)(3)(A) · 98 Stat. 2860
Substituted · 14 U.S.C. § 2313
Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places
Source evidence
Code amendment note
Pub. L. 98–557 substituted reference to enlisted member for reference to enlisted man in four places.
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.
2018
Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192
Substituted · 14 U.S.C. § 2313
Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”
Source evidence
Code amendment note
Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”.
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. § 2313
Pub. L. 115–282, § 113(b), renumbered section 366 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 366 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

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., § 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797).

The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated.

Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard.

Changes were made in phraseology. 81st Congress, House Report No. 557.

Editorial Notes

Amendments1984–2018 · 2 rounds

2018

Pub. L. 115–282, § 123(b)(2), substituted “section 2314” for “section 367”.

Pub. L. 115–282, § 113(b), renumbered section 366 of this title as this section.

1984

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

Credits

1949–2018 · 3 acts

1949Aug. 4, 1949, ch. 393, 63 Stat. 523, § 366
1984Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865
2018renumbered § 2313 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. 523, § 366; Pub. L. 98–557, § 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; renumbered § 2313 and amended Pub. L. 115–282, title I, §§ 113(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4221, 4240.)