
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: 14USC362]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                          CHAPTER 11--PERSONNEL
 
                            ENLISTED MEMBERS
 
Sec. 362. Retirement in cases where higher grade or rating has 
        been held
        
    Any enlisted member who is retired under any provision of section 
353, 354, 355, or 357 of this title shall be retired from active service 
with 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.

(Aug. 4, 1949, ch. 393, 63 Stat. 522; Aug. 3, 1950, ch. 536, Sec. 21, 64 
Stat. 407; Pub. L. 97-295, Sec. 2(9), Oct. 12, 1982, 96 Stat. 1302; Pub. 
L. 98-557, Sec. 15(a)(3)(A), Oct. 30, 1984, 98 Stat. 2865; Pub. L. 99-
348, title II, Sec. 205(b)(8), July 1, 1986, 100 Stat. 700.)


                      Historical and Revision Notes

    Based on title 34, U.S.C., 1946 ed., Sec. 3501(e) (July 24, 1941, 
ch. 320, Sec. 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, Sec. 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., Sec. 350j(b)). 81st Congress, House Report No. 557.


                               Amendments

    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.
