14 U.S.C. § 283 : US Code - Section 283: Regular lieutenants; separation for failure of selection for promotion; continuation

Search 14 U.S.C. § 283 : US Code - Section 283: Regular lieutenants; separation for failure of selection for promotion; continuation

(a) Each officer of the Regular Coast Guard appointed under
section 211 of this title who is serving in the grade of lieutenant
and who has failed of selection for promotion to the grade of
lieutenant commander for the second time shall:
(1) be honorably discharged on June 30 of the promotion year in
which his second failure of selection occurs; or
(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) if, on the date specified for his discharge in this
section, he has completed at least 20 years of active service or
is eligible for retirement under any law, be retired on that
date; or
(4) if, on the date specified for his discharge in clause (1),
he has completed at least eighteen years of active service, be
retained on active duty and retired on the last day of the month
in which he completes twenty years of active service, unless
earlier removed under another provision of law.
(b)(1) When the needs of the service require, the Secretary may
direct a selection board, which has been convened under section 251
of this title, to recommend for continuation on active duty for
terms of not less than two nor more than four years a designated
number of officers of the grade of lieutenant who would otherwise
be discharged or retired under this section. When so directed, the
board shall recommend for continuation on active duty those
officers under consideration who are, in the opinion of the board,
best qualified for continuation. Each officer so recommended may,
with the approval of the Secretary, and notwithstanding subsection
(a), be continued on active duty for the term recommended.
(2) Upon the completion of a term under paragraph (1), an officer
shall, unless selected for further continuation -
(A) except as provided in subparagraph (B), be honorably
discharged with separation pay computed under section 286 of this
title;
(B) in the case of an officer who has completed at least 18
years of active service on the date of discharge under
subparagraph (A), be retained on active duty and retired on the
last day of the month in which the officer completes 20 years of
active service, unless earlier removed under another provision of
law; or
(C) if, on the date specified for the officer's discharge under
this section, the officer has completed at least 20 years of
active service or is eligible for retirement under any law, be
retired on that date.
(c) Each officer who has been continued on active duty under
subsection (b) shall, unless earlier removed from active duty, be
retired on the last day of the month in which he completes twenty
years of active service.