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63 STAT.]
81ST CONG. , IST SESS.-CH. 393-AUG. 4 , 1949
his own application, in the discretion of the Presidenti be retired from
active service, with retired pay of the grade with which retired.
§ 233. Retirement for disabilities incident to service
Any commissioned officer found by a retiring board to be incapaci-
tated for active service because of infirmities of age or physical or
mental disability, which is incident to service, shall if the findings of
the retiring board are approved by the Secretary, be retired from
active service, with retired pay of the grade with which retired.
§ 234. Retirement for failure in physical examination for pro-
motion
Any commissioned officer who fails in his physical examination
for promotion shall immediately be brought before a retiring board
and if found incapacitated for service by reason of disability contracted
incident to service shall be retired from active service with the grade
for which he was examined for promotion, with retired pay of such
advanced grade.
§ 235. Personnel Board; procedure; recommendations
The Secretary shall designate and assemble annually a Coast Guard
Personnel Board of not less than five commissioned officers of the grade
of captain or above on the active list. The Personnel Board shall-
(1) recommend for retirement such commissioned officers of
the Coast Guard who have thirty years of service as it deter-
mines, upon the basis of the needs of the service, should be retired
from active service,
(2) recommend for retirement such commissioned officers of
the Coast Guard who have been placed out of line of promotion
and who have ten years of commissioned service as the Personnel
Board determines, in its discretion, should be retired from active
service, and
(3) recommend for placing out of line of promotion such
lieutenant commanders on the active list as the Personnel Board
determines, in its discretion, should be placed out of line of
promotion.
The proceedings, findings, or recommendations of the Personnel Board
shall be transmitted to the Commandant for review. If the Com-
mandant approves the recommendations of the Personnel Board,
notification thereof shall be given by him in writing to each officer
concerned who for the first time under this section is recommended for
retirement or for placing out of line of promotion; any such officer
who, within thirty days after receipt of such notification, files with
the Commandant a written protest of the action taken by the Per-
sonnel Board in his case, shall not be retired involuntarily or placed
out of line of promotion under this section unless a subsequent annual
Personnel Board, none of the members of which was a member of the
previous Personnel Board which recommended such officer's retirement
or placing out of line of promotion, determines, in its discretion, and
recommends that such officer should be retired or placed out of line
of promotion, in which case such officer may, upon approval by the
President, be retired from active service, or be placed out of line of
promotion, as the case may be. At the expiration of thirty days after
receipt by an officer of notice as aforesaid, in the event that no such
protest is filed by him, such officer may, upon approval by the Presi-
dent, be retired from active service or be placed out of line of promo-
tion, as the case may be, as hereinafter provided. If the Commandant
disapproves any recommendation of the Personnel Board, the officer
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