Page:United States Statutes at Large Volume 63 Part 1.djvu/559

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63 STAT.] 81ST CONG. , 1ST SESS.-CH. 393-AUG. 4 , 1949 § 354. Voluntary retirement after thirty years' service Any enlisted man who has completed thirty years' service may, upon his own application, in the discretion of the Commandant, be retired from active service, with retired pay of the grade or rating with which retired. § 355. Voluntary retirement after twenty years' service Any enlisted man who has completed twenty years' service may, upon his own application, in the discretion of the Commandant, be retired from active service, with retired pay of the grade or rating with which retired. § 356. Retirement for disabilities incident to service Any enlisted man found by a retiring board to be incapacitated 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 or rating with which retired. 521 § 357. Enlisted Personnel Board (a) The Commandant shall assemble annually a Coast Guard Enlisted Personnel Board, of not less than three commissioned officers on the active list, who shall recommend for retirement such enlisted men who have twenty years of service, as the Board determines, in its discretion, should be retired from active service. The recom- mendations of the Board shall be transmitted to the Commandant for final action. If the Commandant approves the recommenda- tions of the Board, the enlisted men concerned shall be notified thereof in writing, and any enlisted man who, within thirty days after receipt of such notification, files with the Commandant a written protest of the action taken by the Board in his case, shall not be retired involuntarily under this section unless a subsequent annual Board again determines, in its discretion, and recommends that such enlisted man should be retired, in which case such enlisted man may, upon approval by the Commandant, be retired from active service. 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 prescribed, such enlisted man may, upon approval by the Commandant, be retired from active service. If the Commandant disapproves any recommendation of the Board the enlisted man concerned shall retain his status to the same extent as if his case had not been considered. (b) Any enlisted man who has completed twenty years' service and who has been retired from active duty by the Commandant pursuant to the action of an Enlisted Personnel Board shall receive the retired pay of the grade or rating with which retired. (c) Any enlisted man retired by reason of twenty years service, citaionforetror- whether voluntarily or involuntarily, who has been cited for extraor- hero i ml dinary heroism in line of duty, as determined by the Secretary whose determination shall be final and conclusive, or any enlisted man so retired whose average marks in conduct during his service in the Coast Guard were not less than 9712 per cent of the maximum, or any enlisted man so retired who shall have been both so cited and shall have received such average marks, shall be entitled to have his retired pay increased by an amount equal to 10 per cent of the active- duty pay and permanent additions thereto of the grade or rating with which retired.