
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC357]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                            ENLISTED MEMBERS
 
Sec. 357. Involuntary retirement of enlisted members

    (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.

(Aug. 4, 1949, ch. 393, 63 Stat. 521; Aug. 3, 1950, ch. 536, Sec. 17, 64 
Stat. 407; Pub. L. 88-114, Sec. 1(1), Sept. 6, 1963, 77 Stat. 144; Pub. 
L. 98-557, Sec. 15(a)(3)(A), (B), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 
99-348, title II, Sec. 205(b)(9), July 1, 1986, 100 Stat. 700; Pub. L. 
102-241, Sec. 6, Dec. 19, 1991, 105 Stat. 2210.)


                      Historical and Revision Notes

    Based on title 14, U.S.C., 1946 ed., Secs. 185, 185d (May 24, 1939, 
ch. 146, Secs. 1, 5, 53 Stat. 755).
    Subsection (b) is new and implements the preceding subsection; it 
seems necessary in view of certain statutes enacted as the result of 
World War II.
    Subsection (c) is based on title 14, U.S.C., 1946 ed., Sec. 185d 
(May 24, 1939, ch. 146, Sec. 5, 53 Stat. 756). Said section has been 
divided. The first sentence is incorporated in section 423 of this 
title. The second proviso is incorporated in section 424 of this title. 
The remainder is placed in this subsection.
    Changes were made in phraseology. 81st Congress, House Report No. 
557.


                               Amendments

    1991--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.
    1986--Subsec. (b). Pub. L. 99-348, Sec. 205(b)(9)(A), substituted 
``retired pay'' for ``the retired pay of the grade or rating with which 
retired''.
    Subsec. (c). Pub. L. 99-348, Sec. 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.
    1984--Pub. L. 98-557, Sec. 15(a)(3)(A), substituted reference to 
enlisted member for reference to enlisted man wherever appearing in 
subsecs. (a) to (c).
    Subsec. (a). Pub. L. 98-557, Sec. 15(a)(3)(B), substituted reference 
to enlisted members for reference to enlisted men in two places.
    1963--Subsec. (c). Pub. L. 88-114 struck out provisions which 
entitled enlisted men whose average marks in conduct were not less than 
97\1/2\ percent of the maximum to a 10-percent increase of their retired 
pay.
    1950--Subsec. (c). Act Aug. 3, 1950, substituted ``years' '' for 
``years''.


              Service Credit for Certain Enlisted Personnel

    Act June 3, 1948, ch. 394, 62 Stat. 302, provided: ``That those 
enlisted men of the Coast Guard who, during 1940 and 1941, were 
discharged from the Coast Guard to accept employment as policemen and 
guards at the Ivigtut Cryolite Mine, Greenland, and who reenlisted in 
the Coast Guard within three months after the termination of their 
service as such policemen and guards, shall be credited with the time 
between discharge and reenlistment for purposes of longevity pay and 
retirement, but no increased retroactive pay shall accrue by reason of 
the enactment of this Act.''


              Enlisted Men in Service on September 6, 1963

    Section 2 of Pub. L. 88-114 provided that: ``The amendment made by 
subsection (1) of section 1 of this Act [amending this section] does not 
apply to any enlisted man in service on the effective date of this Act 
[Sept. 6, 1963].''

                  Section Referred to in Other Sections

    This section is referred to in section 362 of this title.
