14 U.S.C. § 2164 — Officers considered for removal; retirement or discharge; separation benefits

submitted 63 years ago by Pub. L. 88-130 to r/title-14-COAST-GUARD · 148 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows the Secretary to grant certain requests by an officer facing removal proceedings. The requests may involve voluntary retirement, discharge, or separation benefits under the listed conditions.

(a) At any time during proceedings under section 2159 of this title , and before the removal of an officer, the Secretary can grant a request — (1) for voluntary retirement, if the officer is otherwise qualified therefor; or (2) for discharge with separation benefits under section 2146(c) of this title . (b) Each officer removed from active duty under section 2163 of this title must — (1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or (2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 2146(c) of this title , unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.

the actual law source: uscode.house.gov ↗public domain

(a)

At any time during proceedings under section 2159 of this title, and before the removal of an officer, the Secretary may grant a request—

(1)

for voluntary retirement, if the officer is otherwise qualified therefor; or

(2)

for discharge with separation benefits under section 2146(c) of this title.

(b)

Each officer removed from active duty under section 2163 of this title shall—

(1)

if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or

(2)

if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 2146(c) of this title, unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.

Source credit: (Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 189, § 327; amended Pub. L. 97–295, § 2(10), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 99–348, title II, § 205(b)(6), July 1, 1986, 100 Stat. 700; Pub. L. 105–383, title II, § 201(c), Nov. 13, 1998, 112 Stat. 3414; Pub. L. 107–295, title IV, § 416(a)(5), Nov. 25, 2002, 116 Stat. 2122; renumbered § 2164 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240; Pub. L. 119–60, div. G, title LXXII, § 7223(d)(1)(C), Dec. 18, 2025, 139 Stat. 1702.)

history & why it existsrecord from the source credit

1963Enacted · Pub. L. 88-130 · 77 Stat. 189
1982Amended · Pub. L. 97-295 · 96 Stat. 1302
1986Amended · Pub. L. 99-348 · 100 Stat. 700
1998Amended · Pub. L. 105-383 · 112 Stat. 3414
2002Amended · Pub. L. 107-295 · 116 Stat. 2122
2018Amended · Pub. L. 115-282 · 132 Stat. 4216, 4240
2025Amended · Pub. L. 119-60 · 139 Stat. 1702

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-130 on 1963-09-24.

all 0 arguments · sorted by: best

no arguments yet — make the first case