1. (a) Each officer of the Regular Coast Guard appointed under section 2104 of this title who is serving in the grade of lieutenant (junior grade) or lieutenant and who has failed of selection for promotion to the grade of lieutenant or lieutenant commander, respectively, for the second time shall:

   1. (1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
   2. (2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
   3. (3) if on the date specified for his discharge in this section he is eligible for retirement under any law, be retired under that law on that date.
2. (b) Each officer subject to discharge or retirement under subsection (a) may elect to revert to his permanent grade.

(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 284; amended Pub. L. 94–546, § 1(23), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2144 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)

Editorial Notes

Amendments

2018—Pub. L. 115–282, § 112(b), renumbered section 284 of this title as this section.

Subsec. (a). Pub. L. 115–282, § 123(b)(2), substituted “section 2104” for “section 214” in introductory provisions.

1976—Subsec. (a)(1). Pub. L. 94–546 substituted “promotion year” for “fiscal year”.

Statutory Notes and Related Subsidiaries

Retired Pay on or Prior to September 24, 1963

Savings provisions in section 5(g) of Pub. L. 88–130 providing that Pub. 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.

Effectiveness of Election, Change, or Revocation of Election of Annuity

Savings provisions in section 5(h) of Pub. L. 88–130 providing that notwithstanding section 1431 of Title 10, Armed Forces, an election, change or revocation thereof affecting an annuity, by an officer retired under this section, is effective if made prior to the first day of the third month following September 1963, are set out as a note under section 2101 of this title.