Page:United States Statutes at Large Volume 53 Part 2.djvu/279

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53 STAT.] 76TH CONG., IST SESS.-CHS. 145, 146-MAY 24, 1939 1936, and June 16, 1938, are hereby further extended two and four years, respectively, from June 12, 1938. SEC. 2 . The right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, May 24, 1939. [CHAPTER 146] AN ACT To increase further the efficiency of the Coast Guard by authorizing the retire- ment under certain conditions of enlisted personnel thereof with twenty or more years of service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comman- dant of the Coast Guard (hereinafter referred to as the "Commandant") shall assemble annually a Coast Guard Enlisted Personnel Board (hereinafter referred to as the "Board"), to be composed of not less than three commissioned officers on the active list of the Coast Guard. It shall be the duty of the Board to recommend for retirement such enlisted men of the Coast Guard, who have twenty or more years of service, whom the Board determines, in its discretion, should be retired from active service. The recommendations of the Board shall be transmitted to the Commandant for final action. If the Commandant shall approve the recommendations of the Board, the enlisted man con- cerned shall be notified thereof in writing, and any enlisted man who, within thirty days after receipt of such notification, files with the Com- mandant a written protest of the action taken by the Board in his case, shall not be retired involuntarily under this Act unless a subsequent annual Board again determines in its discretion, that such enlisted man should be retired and so recommends, in which case such enlisted man may, upon approval by the Commandant, be retired from active service with retired pay as prescribed by section 5 hereof. At the expiration of thirty days after receipt by an enlisted man of notice as aforesaid, in the event that no such protest is filed by him within the period pre- scribed, such enlisted man may, upon approval by the Commandant, be retired from active service with retired pay as prescribed by section 5 hereof. If the Commandant shall disapprove any recommendation of the Board, the enlisted man concerned shall retain his status in the Coast Guard to the same extent as if his case had not been considered. SEO. 2. An enlisted man of the Coast Guard who has twenty or more years of service may, upon suitable application to and approval by the Commandant, be retired from active service with retired pay as prescribed by section 5 hereof. SEC. 3. The total number of enlisted men who may be retired in any one fiscal year under sections 1 and 2 of this Act shall not exceed the whole number nearest to 1 per centum of the total enlisted force of the Coast Guard on the active list as of January 1 of such year, to be divided in such proportion between retirements under sections 1 and 2 of this Act as may be determined by the Commandant. SEC. 4. The Commandant is authorized to call any enlisted man who has been retired pursuant to this Act into active service for such duty as he may be able to perform. While so employed such enlisted man shall receive full pay, allowances, and benefits author- ized by law, shall be eligible for promotion, and shall be entitled to the benefits of continuous service for such rank and for such length of time as he is or has been employed in active service, and 755 Amendment. May 24, 1939 [S. 595] [Public, No. 871 Coast Guard. Retirement of en- listed personnel with twenty or more years of service. Coast Guard En- listed Personnel Board, meetings, membership, etc. Recommendations for retirements. Protest; effect of. Consideration and decision by subse- quent annual Board. Retirement, with pay, if no protest filed. Status if Com- mandant disapproves Board's recommenda- tion. Voluntary retire- ment. Limitation on num- ber in any one fiscal year. Recall to active service. Pay, etc., while so employed. Promotions; service credits.