THIS CHAPTER, DEALING WITH THE APPOINTMENT, ENLISTMENT, PROMOTION, RETIREMENT AND RECALL OF ALL MILITARY PERSONNEL, COVERS SUBJECT MATTER WHICH HAS BEEN GREATLY AFFECTED BY WAR-TIME LEGISLATION AND, THEREFORE, HAS REQUIRED RATHER EXTENSIVE REWRITING OF EXISTING LAW IN ORDER TO CORRELATE ALL OF THE VARIOUS PROVISIONS. AN ATTEMPT HAS BEEN MADE TO PROVIDE FOR ENLISTED MEN AND WARRANT OFFICERS IN A MANNER SIMILAR TO THE WAY THAT COMMISSIONED OFFICERS ARE PROVIDED FOR; FOR EXAMPLE, THE ACT OF FEBRUARY 21, 1946, 60 STAT. 29 (TITLE 14, U.S. C., 1946 ED., § 162A) MADE PROVISION FOR THE RETIRE MENT OF COMMISSIONED OFFICERS ON HALF PAY AFTER TWENTY CLEARLY INDICATED IN ORDER TO AVOID UNJUST DISCRIMINATION. THE SUBJECT MATTER SEEMED TO BREAK DOWN INTO THE SUBHEADS OF "COMMISSIONED OFFICERS", "WARRANT OFFICERS", "ENLISTED MEN", AND "GENERAL PROVISIONS". EACH OF THE FIRST THREE SUB-HEADS PARALLELS THE OTHER TWO, INSOFAR AS THE APPLICABILITY OF STATUTES OF THE THREE GROUPS PERMITS. THE LAST SUB-HEAD INCLUDES THE BROAD PROVISIONS WHICH, IN THE SAME TERMS, CAN BE MADE APPLICABLE TO ALL MILITARY PER SONNEL. IN ACCORD WITH EXISTING NAVY AND COAST GUARD LAW, THE TERM COMMISSIONED OFFICER" INCLUDES COMMISSIONED WARRANT OFFICERS UNLESS SPECIFICALLY EXCEPTED, OR MANIFESTLY INAPPLICABLE. HERETOFORE COAST GUARD STATUTES HAVE DESIGNATED COMMISSIONED WARRANT OFFICERS AS CHIEF WARRANT OFFICERS; IN LINE WITH NAVY DESIGNATION IT IS CHANGED TO COMMISSIONED WARRANT OFFICERS THROUGHOUT THIS TITLE. TERMS SUCH AS "COAST GUARD FERSONNEL" OR PERSONNEL OF THE COAST GUARD", AS USED THROUGHOUT THIS TITLE, ARE INTENDED TO INCLUDE ALL EMPLOYEES OF THE SERVICE, CIVILIAN AND MILITARY. แ COMMISSIONED OFFICERS SECTION 221-NEW SECTION Prior to the enactment of the Act of July 23, 1947, 61 Stat. 409, vacancies in the Coast Guard were filled by promotion only. The act referred to provided for appointment to any grade from sources other than commissioned officers of the Coast Guard, which makes a section such as this necessary to set forth clearly the two ways in which vacancies in the Coast Guard may be filled. SECTION 222-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 6b (July 23, 1947, ch. 301, § 2, 61 Stat. 410). Said section has been divided. The first and last sentences are combined to form this section. The second sentence is incorporated in section 47 of this title. The remainder of the section forms section 462 of this title. Changes in phraseology were made. SECTION 223-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 16, 16c, 17, 18 (Apr. 12, 1902, ch. 501, 8, 32 Stat. 101; Apr. 16, 1908, ch. 145, §§1, 2, 35 Stat. 62; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Jan. 12, 1923, ch. 25, §§ 3, 4, 42 Stat. 1131; July 3, 1926, ch. 742, § 7, 44 Stat. 816). The provision granting authority to the Secretary to prescribe regulations concerning promotion is new. Changes in phraseology were made. THIS SECTION PROVIDES FOR THE FILLING OF A VACANCY WHEN THE SECRETARY DETERMINES IT SHALL BE DONE BY PROMOTION. THE PRESENT SYSTEM OF PROMOTION BY SENIORITY IS RETAINED, BUT THE REQUIREMENTS AS TO LENGTH OF SERVICE IN GRADE BEFORE PROMO TION, AS PROVIDED IN TITLE 14 U. S. C., 1946 ED., §§ 16A, 16B, AND 16C HAVE BEEN ELIMINATED BECAUSE OF THE NEW PROVISIONS WHICH PERMIT APPOINTMENT OF PERSONS TO THE GRADES CONCERNED WITHOUT ANY SERVICE REQUIREMENTS. THE STATUTORY ASSURANCE OF PROMOTION FROM THE GRADE OF ENSIGN (TITLE 14, U. S. C., 1946 ED., § 16c) AFTER THREE YEARS' SERVICE HAS BEEN RETAINED AS AN IMPORTANT INCENTIVE TO CADETS AND ENSIGNS. SECTION 224-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 6d, 10a, 18 (Apr. 12, 1902, ch. 501, § 8, 32 Stat. 101; Jan. 12, 1923, ch. 25, § 3, 42 Stat. 1131; July 3, 1926, ch. 742, § 5, 44 Stat. 816; July 23, 1947, ch. 301, § 4, 61 Stat. 411). Subsections (a) and (b) are new and are necessary in order to coordinate the old method of filling vacancies by promotion only with the additional methods of filling vacancies by appointing persons from certain sources as provided in section 225 of this revision. Insofar as practicable the statutory requirements for qualifications are made similar in the two cases. Subsection (c) consists of the first two sentences of said section with minor changes in phraseology. The last two sentences relating to appointments made from the former Bureau of Marine Inspection and Navigation and Bureau of Customs are omitted as temporary and for the most part executed but are not being repealed. SECTION 225-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 6c, and on title 34, U. S. C., 1946 ed., § 338g (June 27, 1942, ch. 451, § 8, 56 Stat. 423; July 23, 1947, ch. 301, § 3, 61 Stat. 410). A two year service requirement is added in categories (2) and (4). Category (6) is omitted as no longer needed. Inasmuch as the act of June 27, 1942, cited above, applies equally to the Marine Corps and Coast Guard, it is not scheduled for repeal, but is being amended by section 16 of this act to eliminate reference to the Coast Guard. Changes in phraseology were made. THE ONLY SUBSTANTIVE CHANGES MADE IN SECTION 6C OF TITLE 14, U. S. C., 1946 ED., ARE: (1) REFERENCE TO PERSONNEL OF THE FORMER BUREAU OF MARINE INSPECTION AND NAVIGATION IS DELETED BECAUSE ALL PERSONNEL OF THAT CATEGORY WHO INTENDED TO ACCEPT A COMMISSION HAVE BEEN COMMISSIONED AND CONFIRMED; (2) A TWO YEAR SERVICE REQUIREMENT HAS BEEN PLACED ON TEMPORARY COMMISSIONED OFFICERS AND MEMBERS OF THE RESERVE, CATEGORIES 2 AND 4, BECAUSE IT SEEMS DESIRABLE TO PLACE SUCH A RESTRICTION ON THESE CLASSES OF PERSONNEL SO AS TO MAKE IT CLEAR THAT THEY WILL NOT BE CONSIDERED FOR PERMANENT COMMISSIONS UNTIL THE COAST GUARD HAS HAD A REASONABLE TIME IN WHICH TO APPRAISE THEIR SERVICES. THIS IS IN LINE WITH THE TWO YEAR PROBATIONARY PERIOD PROVIDED FOR LICENSED OFFICERS OF THE MERCHANT MARINE UNDER CATEGORY 5. SECTION 226-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 10a, 201, 203, 204 (Apr. 21, 1924, ch. 130, §§ 2, 4, 43 Stat. 105; July 3, 1926, ch. 742, §§ 2, 3, 5, 44 Stat. 815; Mar. 2, 1929, ch. 574, § 1, 45 Stat. 1533). Section 204 of title 14, U. S. C., 1946 ed., has been divided. The first sentence is incorporated in this section, and the remainder is placed in section 227 of this title. The restriction as to grades in which appointment can be made is raised to include the grade of lieutenant commander, and the restriction as to age of appointees is eliminated as no longer needed. The provision as to the number of temporary officers is eliminated as no longer needed. The provision saving the pay of warrant officers or enlisted men who are appointed as temporary commissioned officers is eliminated as no longer needed. Changes in phraseology were made. SECTION 227-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 204 (Apr. 21, 1924, ch. 130, § 4, 43 Stat. 105; July 3, 1926, ch. 742, § 3, 44 Stat. 815). Said section has been divided. The first sentence is incorporated in section 228 of this title, and the remainder is placed in this section. The authority to promote and demote is given to the Secretary in lieu of the President. Changes in phraseology were made. SECTION 228-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 20a, 20a-1, 20c, 21a (July 3, 1926, ch. 742, § 10, 44 Stat. 817; Aug 5, 1939, ch. 477, § 5, 53 Stat. 1217; July 23, 1947, ch. 301, §§ 5, 7, 61 Stat. 410). Category (7) of said section 5 is omitted from subsection (a) as executed. The last sentence of said section 7 is omitted from subsection (c) as temporary and for the most part executed but is not being repealed. Changes in phraseology were made. SECTION 229-NEW SECTION This section is new to the Coast Guard; it is similar to title 34, U. S. C., 1946 ed., § 405, which has proved desirable for the Navy. 90571-49- -3 SECTION 230-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 162a, 173 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100; Feb. 21, 1946, ch. 34, § 10, 60 Stat. 29). Section 173 of title 14, U. S. C., 1946 ed., has been divided. That part dealing with commissioned officers is placed in this section. That part dealing with warrant officers is placed in section 303 of this title. That part dealing with enlisted men is placed in section 353 of this title. SECTION 231-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 175 (Jan. 28, 1915, ch. 20, § 3, 38 Stat. 801). Said section has been divided. That part dealing with the retirement of commissioned officers is placed in this section. That part dealing with the retirement of warrant officers is placed in section 304 of this title. That part dealing with the retirement of enlisted men is placed in section 354 of this title. That part providing for retired pay is incorporated in section 423 of this title. That part providing for assignment of duties to retired personnel is incorporated in sections 241. 311, and 360 of this title. SECTION 232-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 162a (Feb. 21, 1946, ch. 34, § 10, 60 Stat. 29). Said section made the provisions of title 34, U. S. C., 1946 ed., $410b applicable to Coast Guard personnel in the same manner as to Navy personnel. Changes in phraseology were made in order to adapt the section to this revision. SECTION 233-SECTION REVISED Based on title 14, U. S. C., 1946 ed., §§ 169, 172 (Apr. 12, 1902, ch. 501, §§ 4, 6, 32 Stat. 101). Said sections have been divided. That part dealing with the retirement of commissioned officers is placed in this section. That part dealing with the retirement of warrant officers is placed in section 306 of this title. That part dealing with the retirement of enlisted men. is placed in section 356 of this title. That part of said section 169 providing for assignment of duties to retired personnel is incorporated in sections 241, 311, and 360 of this title. The authority to effect these retirements is placed in the Secretary rather than in the President; this is in accord with the Act of June 17, 1948, ch. 497, 62 Stat. 476. Changes in phraseology were made. SECTION 234-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 171 (Jan. 12, 1923, ch. 25, § 3, 42 Stat. 1131). A provision is added making certain what retired pay will be paid to an officer retired for failure in physical examination for promotion. Changes in phraseology were made. SECTION 235-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 175b (Jan. 12, 1938, ch. 3, § 2, 52 Stat. 4; June 6, 1940, ch. 249, 54 Stat. 239). The limitations on the number of officers that the President may retire in one calendar year are removed and "as the needs of the Service require" substituted, in order to place the Coast Guard in a position to force attrition in every grade in line with Navy policy in this regard. Minor changes in phraseology were made in order to adapt the section to this revision. SECTION 236-NEW SECTION This section implements section 235 of this title. It definitely establishes the retired pay of an officer who is involuntarily retired after 30 years' service. SECTION 237-NEW SECTION This section implements section 235 of this title. It definitely establishes the retired pay of an officer who is involuntarily retired after 10 years' service. SECTION 238-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 175a (Jan. 12, 1938, ch. 3, § 1, 52 Stat. 4). Said section has been divided. The provision of subsection (a) is placed in this section and the provision of subsection (b) is placed in section 244 of this title. SECTION 239-SECTION REVISED Based on title 14, U. S. C., 1946 ed., § 174a (June 6, 1942, ch. 383, 56 Stat. 328). Said section has been divided. Its application to commissioned officers is covered by this section and its application to warrant officers is covered by section 309 of this title. Inasmuch as the act cited above applies to the Coast and Geodetic Survey, it is not scheduled for repeal but is being amended by section. 15 of this act to eliminate reference to the Coast Guard. Changes in phraseology were made. Changes in phraseology were made in order to make the Coast Guard statute on this subject parallel to the Navy statute on the same subject (see title 34, U. S. C., 1946 ed., § 410n). SECTION 240-SECTION REVISED Based on title 14, U. S. C. 1946 ed., §§ 164, 165b (July 1, 1918, ch. 114, 40 Stat. 717; June 5, 1920, ch. 235, § 1, 41 Stat. 879; Oct. 9, 1940, ch. 778, § 2, 54 Stat. 1029). Said section 164 has been divided. That part dealing with recall of retired commissioned officers in time of emergency is placed in this |