Page:United States Statutes at Large Volume 63 Part 1.djvu/553

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w515 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