Page:United States Statutes at Large Volume 63 Part 1.djvu/562

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PUBLIC LAWS-CH. 393-AUG. 4, 1949 (3) while awaiting disciplinary action or trial and disposition of his case; or (4) during a period of war or national emergency as pro- claimed by the President, and, in the interest of national defense, for a period not to exceed six months after the end of the war or the termination of the emergency; or (5) for a period of not exceeding thirty days in other cases whether or not specifically covered by this section, when essential to the public interests, and the determination that such detention is essential to the public interests, made in accordance with regula- tions prescribed by the Secretary, shall be final and conclusive. Any person detained in the Coast Guard as provided in this section shall be entitled to receive pay and allowances and benefits under the same conditions as though his enlistment period had not expired, and shall be subject in all respects to the laws and regulations for the gov- ernment of the Coast Guard until his discharge therefrom. Enlisted men detained under the provisions of (1) of this subsection shall be entitled to the pay and allowances provided for enlisted personnel of the Navy detained under similar circumstances. Enlisted men detained under the provisions of (3) of this subsection shall not receive pay or allowances for any period beyond the term of enlistment, if the trial results in conviction. (b) Any enlisted man who, without proper authority, absents him- self from his ship, station, or duty for more than one day, or who is confined for more than one day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction, may be permitted to serve, after his return to a full-duty status, for such period as shall, with the time he may have served prior to such unau- thorized absence or confinement, amount to the full term of his enlistment. § 368. Discharge in case of under-age enlistment Upon presentation of satisfactory evidence as to his age and upon application for discharge by his parent or guardian presented to the Coast Guard within ninety days after the date of his enlistment, any man enlisted in the Coast Guard under twenty-one years of age who was enlisted without the written consent of his parent or guardian, if any, shall be discharged by reason of minority. § 369. Inclusion of certain conditions in enlistment contract The enlistment contract shall contain the substance of sections 365 Ante, p. 523; spra. to 368, inclusive, of this title. GENERAL PROVISIONS § 421. Retirement (a) Every commissioned officer, warrant officer, or enlisted man who is retired under any provision of this title shall be retired with the permanent grade or rating held at the time of retirement, unless entitled to retire with a higher grade or rating under any provision of this title or any other law. (b) Where an officer is entitled, under any provision of law, to retire with one grade higher than the grade in which serving at the time of retirement, the next higher grade in the case of captain shall be rear admiral, and the next higher grade in the case of commis- sioned warrant officer shall be lieutenant (junior grade). § 422. Status of recalled personnel All retired personnel when recalled to active duty shall serve in the grade or rating in which they were serving at the time of retirement. 524 [63 STAT.