section. That part dealing with recall of retired warrant officers in time of emergency is placed in section 310 of this title.

Provisions are added concerning the remuneration of officers so recalled while on active duty, and establishing the grade and pay of such officers upon being relieved of active duty.

Inasmuch as the act of July 1, 1918, cited above, applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 8 of this act to eliminate reference to the Coast Guard.

SECTION 241-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 165a, 169 (Apr. 2, 1902, ch. 501, § 6, 32 Stat. 101; Oct. 9, 1940, ch. 778, §§ 1, 2, 54 Stat. 1029). Said sections have been divided. That part dealing with the recall and assignment to duty of commissioned officers, with their consent, is placed in this section. That part dealing with recall and assignment of warrant officers, with their consent, is placed in section 311 of this title.

Provisions are added concerning the remuneration of officers so recalled while on active duty, and definitely establishing the grade and pay of such officers upon being relieved of active duty.

SECTION 242-SECTION REVISED

Based on title 34, U. S. C., 1946 ed., §§ 350i (a) and (b), 350j (b) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8 (a), 60 Stat. 28).

This part of the Act of July 24, 1941, 55 Stat. 605, is closely related to the other retirement provisions included in this title and for that reason is included with them. It was enacted primarily for application to Navy personnel, but it is made applicable to Coast Guard personnel by its own terms (see title 34, U. S. C., 1946 ed., § 350j (b)).

SECTION 243-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., § 410c applicable to Coast Guard personnel in the same manner as to Navy personnel.

The requirement that the higher grade be held prior to June 30, 1946 has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the Act of June 29, 1948, 62 Stat. 1081. The Act of July 24, 1941, 55 Stat. 605, was enacted primarily for application to Navy personnel but it is made applicable to Coast Guard personnel by its own terms (see title 34, U. S. C., 1946 ed., § 350j (b)).

THIS SECTION PERMITS THE RETIREMENT OF ANY COMMISSIONED OFFICER IN THE HIGHEST GRADE HELD AT ANY TIME IN HIS CAREER WITH RETIRED PAY BASED ON SUCH HIGHEST GRADE HELD, PROVIDED THAT HE SERVED SATISFACTORILY IN THAT GRADE, IN THOSE CASES WHERE RETIREMENT IS BY REASON OF REACHING THE AGE OF SIXTYTWO, HAVING SERVED THIRTY YEARS, HAVING SERVED TWENTY YEARS,

HAVING BECOME PHYSICALLY DISABLED INCIDENT TO SERVICE, OR HAVING BEEN INVOLUNTARILY RETIRED AFTER THIRTY YEARS' SERVICE. SECTION 10 OF THE ACT OF FEBRUARY 21, 1946, 60 STAT. 29 SPECIFICALLY PROVIDES FOR SUCH RETIREMENT IN CASE OF TWENTY YEARS' SERVICE. IT APPEARS ONLY LOGICAL THAT THE SAME RULE APPLY TO THE OTHER TYPES OF CASES LISTED ABOVE, AS, IN ALL CASES EXCEPT THE UNUSUAL SITUATION OF AN OFFICER BECOMING DISABLED AT AN EARLY AGE, THE CANDIDATE FOR RETIREMENT WILL HAVE SERVED LONGER THAN TWENTY YEARS. UNDER THE EXISTING LAW AN OFFICER MIGHT FIND IT TO HIS ADVANTAGE TO RETIRE BY REASON OF HAVING SERVED TWENTY YEARS, JUST BEFORE HE REACHES THE STATUTORY AGE LIMIT, EVEN THOUGH HE HAS OVER FORTY YEARS OF SERVICE.

THE ACT OF FEBRUARY 21, 1946, 60 STAT. 29 SPECIFIES THAT AN OFFICER, TO OBTAIN THIS BENEFIT, MUST HAVE SERVED IN THE higher GRADE PRIOR TO JUNE 30, 1946. IT IS BELIEVED THE PRINCIPLE

SHOULD APPLY IN GENERAL-IF A PERSON IS ELIGIBLE FOR RETIREMENT HE IS ENTITLED TO RETIRE ON THE BASIS OF THE HIGHEST POSITION IN WHICH HE SATISFACTORILY SERVED. TO PROVIDE OTHERWISE WOULD WORK INJUSTICES TO PERSONS WHO HAD FAITHFULLY AND CAPABLY SERVED IN HIGHER GRADES, BUT WHO, DUE TO THE EXIGENCIES OF THE SERVICE, HAD BEEN FORCED TO SUFFER A REDUCTION IN GRADE THROUGH NO FAULT OF THEIR OWN. IT IS EMPHASIZED THAT IN CASES OF FAILURE TO SATISFACTORILY HOLD AN ADVANCED GRADE THE PERSON WOULD NOT BENEFIT BY THIS SECTION.

FURTHERMORE THE ELIMINATION OF SUCH LIMITING DATE IS IN ACCORD WITH THE PROVISIONS OF SECTION 303 OF THE ACT OF June 29, 1948, 62 STAT. 1081. LITTLE OR NO ADDITIONAL EXPENSE WILL BE

INCURRED IN CASE THE LIMITING DATE IS ELIMINATED,

SECTION 244-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 (b) is placed in this section and the provision of subsection (a) is placed in section 238 of this title.

Changes in phraseology were made.

SECTION 245-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 172 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100).

Said section has been divided. That part dealing with commissioned officers is placed in this section. That part dealing with warrant officers is placed in section 314 of this title. That part dealing with enlisted men is placed in section 363 of this title.

It is provided that the question of incapacity be decided by a retiring board.

The very broad discretion either to place a person incapacitated for active service for disability not incident to the service on the retired list, or to drop him from the Service, is changed to discretion whether or not to give the person one year's pay, dropping from the Service being made mandatory. Such discretionary authority and the reviewing power are placed in the Secretary rather than in the President, in accordance with the Act of June 17, 1948, 62 Stat. 476.

SECTION 246-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 168 (Apr. 12, 1902, ch. 501, § 7, 32 Stat. 101).

Said section has been divided. That part dealing with commissioned officers is placed in this section. That part dealing with warrant officers is placed in section 315 of this title. That part dealing with enlisted men is placed in section 364 of this title. Changes in phraseology were made.

WARRANT OFFICERS

SECTION 301-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 20a-2, 21a (July 23, 1947, ch. 301, §§ 6, 7, 61 Stat. 411).

Category (5) of said section 6 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 302-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 206 (Apr. 21, 1924, ch. 130, § 6, 43 Stat. 106).

Said section has been divided. That part dealing with special temporary enlistments in the Coast Guard is incorporated in section 351 of this title. The remainder is placed in this section. Changes in phraseology were made.

SECTION 303-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, 62 Stat. 29).

Section 173 of title 14, U. S. C., 1946 ed., has been divided. That part dealing with warrant officers is placed in this section. That part dealing with commissioned officers is placed in section 230 of this title. That part dealing with enlisted men is placed in section 353 of this title.

SECTION 304-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 warrant officers is placed in this section. That part dealing with the retirement of commissioned officers is placed in section 231 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 305-NEW SECTION

This section is new in that it grants the 20 year retirement privilege now enjoyed by commissioned officers and enlisted men to warrant officers. It seems only equitable that warrant officers should have the same privileges in regard to retirement as other military personnel of the Coast Guard.

SECTION 306-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 warrant officers is placed in this section. That part dealing with the retirement of commissioned officers is placed in section 233 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 307-NEW SECTION

This section is new in that it makes warrant officers with over 30 years service subject to consideration for retirement by the annual Coast Guard Personnel Board. It would empower that Board, which heretofore has been confined to the consideration of commissioned officers, to involuntarily retire warrant officers who have over 30 years of service; this is in accordance with the general theory of equitable treatment for all classes of personnel.

SECTION 308-NEW SECTION

This section implements section 307 of this title by definitely establishing the retired pay of a warrant officer retired under that section.

SECTION 309-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 warrant officers is covered in this section, and its application to commissioned officers is covered in section 239 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 in order to conform the Coast Guard statute on this subject to the Navy statute on the same subject (see title 34, U. S. C., 1946 ed., § 410n).

SECTION 310-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 warrant officers in time of emergency is placed in this section. That part dealing with recall of retired commissioned officers in time of emergency is placed in section 240 of this title.

Provisions are added concerning the remuneration of officers so recalled on active duty, and establishing the grade and pay of such officers upon being relieved of active duty.

Inasmuch as the act of July 1, 1918, cited above, applies equally to the Navy and Marine Corps as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 8 of this act to eliminate reference to the Coast Guard.

SECTION 311-SECTION REVISED

Based on title 14, U. S. C. 1946 ed., §§ 165a, 169 (Apr. 2, 1902, ch. 501, § 6, 23 Stat. 101; Oct. 9, 1940, ch. 778, §§ 1, 2, 54 Stat. 1029). Said sections have been divided. That part dealing with the recall and assignment to duty of warrant officers, with their consent, is placed in this section. That part dealing with the recall and assignment of commissioned officers, with their consent, is placed in section 241 of this title.

Provisions are added concerning the remuneration of officers so recalled while on active duty, and definitely establishing the grade and pay of such officers upon being relieved of active duty.

SECTION 312-SECTION REVISED

Based on title 34, U. S. C., 1946 ed., §§ 350i (a) and (b), 350j (b) (July 24, 1941, ch. 320, § 10, 55 Stat. 605; Feb. 21, 1946, ch. 34, § 8(a), 60 Stat. 28).

This part of the Act of July 24, 1941, 55 Stat. 605, is closely related to the other retirement provisions included in this title and for that reason is included with them. It was enacted primarily for application to Navy personnel, but it is made applicable to Coast Guard personnel by its own terms.

SECTION 313-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., $410c, applicable to Coast Guard personnel in the same manner as to Navy personnel.

The requirement that the higher grade be held prior to June 30, 1946 has been eliminated; this seems to be in line with the intent of Congress as expressed in section 303 of the Act of June 29, 1948, 62 Stat. 1081. The Act of July 24, 1941, 55 Stat. 605 was enacted primarily for application to Navy personnel, but it is made applicable to Coast Guard personnel by its own terms (see title 34, U. S. C., 1946 ed., § 350j (b)).