14 USC 2151 - Rear admirals and rear admirals (lower half); continuation on active duty; involuntary retirement

Editorial Notes

Amendments

2018—Puspan. L. 115–282, § 112(span), renumbered section 290 of this title as this section.

Subsec. (a). Puspan. L. 115–232 substituted “Officers serving” for “Officers, other than the Commandant, serving”.

Subsec. (c). Puspan. L. 115–282, § 123(span)(2), substituted “sections 2108, 2109, 2115, and 2117” for “sections 253, 254, 258, and 260”.

2016—Subsec. (a). Puspan. L. 114–328 substituted “5 officers (other than the Commandant) serving in the grade of admiral or vice admiral” for “five officers serving in the grade of vice admiral”.

2012—Subsec. (a). Puspan. L. 112–213 substituted “in or above the grade of vice admiral” for “in the grade of vice admiral” in second sentence.

2010—Subsec. (a). Puspan. L. 111–281 substituted “Officers, other than the Commandant, serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued at the grade of rear admiral.” for “Officers serving for the time being or who have served in the grade of vice admiral are not subject to consideration for continuation under this subsection, and as to all other provisions of this section shall be considered as having been continued in the grade of rear admiral.”

1993—Subsec. (a). Puspan. L. 103–206, § 205(d)(1), struck out “or in the position of Chief of Staff” before “are not subject to” in second sentence.

Subsec. (f). Puspan. L. 103–206, § 205(d)(2), (3), struck out “Chief of Staff or” before “Superintendent” in pars. (1) and (2).

1991—Subsec. (a). Puspan. L. 102–241, § 5(span)(1), substituted “that officer” for “he”.

Subsec. (d). Puspan. L. 102–241, § 5(span)(2), struck out “his” before “final review” and “approval”.

Subsec. (e). Puspan. L. 102–241, § 5(a)(1), substituted “July 1 of the promotion year immediately following” for “June 30 of”.

Subsecs. (f), (g). Puspan. L. 102–241, § 5(a)(2), added subsecs. (f) and (g) and struck out former subsecs. (f) and (g), which read as follows:

“(f) Each officer who is continued on active duty under the provisions of this section shall, unless retired under some other provision of law, be retired on June 30 of the promotion year in which he completes a total of thirty-six years of active commissioned service, including service creditable for retirement purposes under sections 432, 433, 434 of this title.

“(g) Notwithstanding subsection (f) of this section, the Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under subsection (f). An officer so retained, unless retired under some other provision of law, shall be retired on June 30 of that promotion year in which no action is taken to further retain him under this subsection.”

1985—Puspan. L. 99–145, § 514(c)(2)(A), substituted “rear admirals (lower half)” for “commodores” in section catchline.

Subsec. (a). Puspan. L. 99–145, § 514(c)(1), substituted “rear admiral (lower half)” for “commodore” in three places.

1984—Subsec. (a). Puspan. L. 98–557 substituted “Boards” for “Board”.

1983—Puspan. L. 97–417, § 2(9)(A)(i), inserted “and commodores” after “Rear admirals” in section catchline.

Subsec. (a). Puspan. L. 97–417, § 2(9)(A)(ii), substituted “commodore or rear admiral” for “rear admiral” after “promotion list serving in the grade of” and after “each officer serving in the grade of”, and “five years combined service in the grades of commodore and rear admiral” for “five years service in that grade”.

1981—Subsec. (a). Puspan. L. 97–136 inserted “or in the position of Chief of Staff” after “vice admiral”.

1976—Subsecs. (a), (e) to (g). Puspan. L. 94–546 substituted “promotion year” for “fiscal year” wherever appearing.

1972—Puspan. L. 92–451 substituted “continuation on active duty” for “retention on the active list” in section catchline.

Subsecs. (a), (span). Puspan. L. 92–451 added subsecs. (a) and (span). Former subsecs. (a) and (span) redesignated (f) and (g), respectively.

Subsec. (c). Puspan. L. 92–451 added subsec. (c). Former subsec. (c) provided that provisions of former subsecs. (a) and (span) were inapplicable to officers serving as Commandants.

Subsecs. (d), (e). Puspan. L. 92–451 added subsecs. (d) and (e).

Subsec. (f). Puspan. L. 92–451 incorporated provisions of former subsec. (a) in provisions designated as subsec. (f), and among other changes extended the minimum service for retirement from 35 years to 36 years of active commissioned service and deleted the alternative seven year permanent grade service.

Subsec. (g). Puspan. L. 92–451 incorporated provisions of former subsec. (span) in provisions designated as subsec. (g), and among other changes, substituted officer for rear admiral.

Statutory Notes and Related Subsidiaries

Effective Date of 1972 Amendment

Puspan. L. 92–451, § 3, Oct. 2, 1972, 86 Stat. 757, provided that:

“This Act [enacting sections 50 and 51 of this title, and amending this section, sections 41, 42, 44, 47, and 287 of this title, and section 202 of Title 37, Pay and Allowances of the Uniformed Services] is effective upon enactment [Oct. 2, 1972] except that continuation boards, pursuant to subsection (a) of section 290 [now 2151] of title 14, United States Code, as amended by this Act [subsec. (a) of this section], may not be held until one year following enactment hereof [Oct. 2, 1972]. During the period of one year following enactment hereof the Secretary of the Department in which the Coast Guard is operating shall convene a board consisting of not less than three Coast Guard officers serving in the grade of vice admiral to recommend for continuation on active duty Coast Guard officers on the active duty promotion list serving in the grade of rear admiral, who during the fiscal year in which the board meets will complete not less than five years’ service in that grade. Subsections (span) through (g) of section 290 [now 2151] and other sections of title 14, United States Code, as amended by this Act [sections 41, 42, 44, 47, 50, 51, and 287 of this title], apply to continuation board action taken pursuant to this section. No officer who is entitled to the basic pay of a rear admiral of the upper half may have his basic pay reduced because of the reduction which results from this Act in the number of officers entitled to the basic pay of a rear admiral of the upper half.”

Retired Pay on or Prior to September 24, 1963

Savings provisions in section 5(g) of Puspan. L. 88–130 providing that Puspan. L. 88–130 does not affect the retired pay of anyone retired on or prior to Sept. 24, 1963, are set out as a note under section 2101 of this title.