Page:United States Statutes at Large Volume 105 Part 3.djvu/326

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105 STAT. 2210 PUBLIC LAW 102-241—DEC. 19, 1991 when the Coast Guard operates as a service in the Navy under section 3 of title 14, United States Code. SEC. 5. RETIREMENT OF REAR ADMIRALS. (a) Section 290 of title 14, United States Code, is amended— (1) in subsection (e) by striking "June 30 of and substituting "July 1 of the promotion year immediately following"; and (2) by striking subsections (f) and (g) and substituting the following new subsections: "(f)(1) Unless retired under another provision of law, each officer who is continued on active duty under this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes seven years of combined service in the grades of rear admiral (lower half) and rear admiral, unless that officer is selected for or serving in the grade of admiral or vice admiral or the position of Chief of Staff or Superintendent of the (Doast Guard Academy. "(2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or vice admiral or the position of Chief of Staff or Superintendent of the Coast Guard Academy, or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph. "(g)(l) Unless retired under another provision of law, an officer subject to this section shall, except as provided in paragraph (2), be retired on July 1 of the promotion year immediately following the promotion year in which that officer completes a total of thirty-six years of active commissioned service unless selected for or serving in the grade of admiral. "(2) The Commandant, with the approval of the Secretary, may by annual action retain on active duty from promotion year to promotion year any officer who would otherwise be retired under paragraph (1). Unless selected for or serving in the grade of admiral or retired under another provision of law, an officer so retained shall be retired on July 1 of the promotion year immediately following the promotion year in which no action is taken to further retain that officer under this paragraph.". (b)(1) Section 290(a) of title 14, United States Code, is amended by striking "he" and substituting "that officer". (2) Section 290(d) of title 14, United States Code, is amended by striking "his" each place it appears. SEC. 6. ENLISTED PERSONNEL BOARDS. (a) Section 357 of title 14, United States Code, is amended to read as follows: "(a) Enlisted Personnel Boards shall be convened as the Commandant may prescribe to review the records of enlisted members who have twenty or more years of active military service. "(b) Enlisted members who have twenty or more years of active military service may be considered by the Commandant for involuntary retirement and may be retired on recommendation of a Board— "(1) because the member's performance is below the standards the Commandant prescribes; or