14 U.S.C. § 285 : US Code - Section 285: Regular lieutenant commanders and commanders; retirement for failure of selection for promotion

Search 14 U.S.C. § 285 : US Code - Section 285: Regular lieutenant commanders and commanders; retirement for failure of selection for promotion

(a) Each officer of the Regular Coast Guard serving in the grade
of lieutenant commander or commander, who has failed of selection
for promotion to the grade of commander or captain, respectively,
for the second time shall:
(1) if he has completed at least 20 years of active service or
is eligible for retirement under any law on June 30 of the
promotion year in which his second failure of selection occurs,
be retired on that date; or
(2) if ineligible for retirement on the date specified in
clause (1) 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) A lieutenant commander or commander of the Regular Coast
Guard subject to discharge or retirement under subsection (a) may
be continued on active duty when the Secretary directs a selection
board convened under section 251 of this title to continue up to a
specified number of lieutenant commanders or commanders on active
duty. When so directed, the selection board shall recommend those
officers who in the opinion of the board are best qualified to
advance the needs and efficiency of the Coast Guard. When the
recommendations of the board are approved by the Secretary, the
officers recommended for continuation shall be notified that they
have been recommended for continuation and offered an additional
term of service that fulfills the needs of the Coast Guard.
(c)(1) An officer who holds the grade of lieutenant commander of
the Regular Coast Guard may not be continued on active duty under
subsection (b) for a period that extends beyond 24 years of active
commissioned service unless promoted to the grade of commander of
the Regular Coast Guard. An officer who holds the grade of
commander of the Regular Coast Guard may not be continued on active
duty under subsection (b) for a period that extends beyond 26 years
of active commissioned service unless promoted to the grade of
captain of the Regular Coast Guard.
(2) Unless retired or discharged under another provision of law,
each officer who is continued on active duty under subsection (b)
but is not subsequently promoted or continued on active duty, and
is not on a list of officers recommended for continuation or for
promotion to the next higher grade, shall, if eligible for
retirement under any provision of law, be retired under that law on
the first day of the first month following the month in which the
period of continued service is completed.