THIS SECTION PERMITS THE RETIREMENT OF ANY WARRANT OFFICER QUALIFIED FOR RETIREMENT AS SPECIFIED, IN THE HIGHEST GRADE HELD AT ANY TIME IN THE Coast Guard, anD IS PARALLEL TO SECTION 243 OF THIS TITLE FOR COMMISSIONED OFFICERS, AND THE COMMENTS

UNDER THAT SECTION HAVE APPLICATION TO THIS SECTION AS WELL.

IT SEEMS CLEAR THAT PROVISIONS FOR RETIREMENT IN THE HIGHEST GRADE HELD SHOULD BE MADE APPLICABLE TO WARRANT OFFICERS IN THE SAME MANNER AS THEY ARE MADE APPLICABLE TO COMMISSIONED OFFICERS.

SECTION 314-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 warrant officers is placed in this section. That part dealing with commissioned officers is placed in section 245 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 315-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 warrant officers is placed in this section. That part dealing with commissioned officers is placed in section 246 of this title. That part dealing with enlisted men is placed in section 364 of this title. Changes in phraseology were made.

ENLISTED MEN

SECTION 351-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 35, 35a, 206 (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Apr. 21, 1924, ch. 130, § 6, 43 Stat. 106; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, § 3, 55 Stat. 629).

Section 35 of title 14, U. S. C., 1946 ed., has been divided. The provisions of the first sentence of subsection (a) are placed in this section. The proviso of subsection (a) is covered in section 367 (b) of this title. Subsection (b) is placed in section 365 of this title. Subsections (c) and (d) are placed in section 367 (a) of this title, except that part (3) of subsection (c) is covered by section 366 of this title.

Section 206 of title 14, U. S. C., 1946 ed., has been divided. That part dealing with special temporary enlistments is incorporated in this

section. That part dealing with temporary appointments of warrant officers is placed in section 302 of this title.

Certain additional details concerning the two types of enlistments are added; these details were previously covered in Coast Guard Regulations.

THIS SECTION MAKES PROVISION FOR THE ENLISTMENT OF PERSONNEL IN THE COAST GUARD. THE FIRST SENTENCE GRANTS THE NECESSARY AUTHORITY TO THE SECRETARY, CHANGES EXISTING LAW IN REGARD TO THE TERM OF ENLISTMENT FROM "NOT TO EXCEED FOUR YEARS" TO "NOT TO EXCEED SIX YEARS", AND ADDS A PROVISION FOR THE ENLISTMENT OF MINORS FOR THEIR MINORITY ONLY, SUCH PROVISION BEING IN ACCORDANCE WITH EXISTING LAW APPLICABLE TO THE NAVY. THE NEXT THREE SENTENCES ESTABLISH AND

DEFINE THE TWO TYPES OF ENLISTMENTS THAT ARE NOW IN EFFECT

IN THE COAST GUARD, SETTING FORTH THE BASIC DIFFERENCE IN THE TWO TYPES. THE LAST SENTENCE CONTINUES A PROVISION TO THE EFFECT THAT ORIGINAL ENLISTMENTS IN THE COAST GUARD SHALL BE TEMPORARY. THIS SECTION IS A COMBINATION OF EXISTING LAW AND REGULATIONS IN REGARD TO ENLISTMENTS, WITH CHANGES AS NOTED ABOVE. SEE TITLE 14, U. S. C., 1946 ED., § 35 AND COAST GUARD REGULATIONS, SECTIONS 531 AND 532.

SECTION 352-SECTION REVISED

Derived from title 14, U. S. C., 1946 ed., § 23 (Apr. 16, 1908, ch. 145, 8, 35 Stat. 62).

Inasmuch as all phases of promotion of enlisted men, except the points covered by title 14, U. S. C., 1946 ed., § 23, have been left to administrative control heretofore, and this has proved most satisfactory, the entire promotion of enlisted men is delegated to administrative control by this section.

SECTION 353-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 173 (Apr. 12, 1902, ch. 501, § 4, 32 Stat. 100).

That

Section 173 of title 14, U. S. C., 1946 ed., has been divided. part dealing with enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 230 of this title. That part dealing with warrant officers is placed in section 303 of this title.

The compulsory retirement age is changed from 64 to 62 in order to make it the same for enlisted men as for officers.

SECTION 354-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 retirement of enlisted men is placed in this section. That part dealing with retirement of commissioned officers is placed in section 231 of this title. That part dealing with retirement of warrant officers is placed in section 304 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.

The authority to approve was granted to the Commandant in lieu of the Secretary.

SECTION 355-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 185a (May 24, 1939, ch. 146, § 2, 53 Stat. 755).

Changes in phraseology were made.

SECTION 356-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 enlisted men 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 warrant officers is placed in section 306 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.

SECTION 357--SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 185, 185d (May 24, 1939, ch. 146, §§ 1, 5, 53 Stat. 755).

Changes in phraseology were made.

Subsection (b) is new and implements the preceding subsection; it seems necessary in view of certain statutes enacted as the result of World War II.

Subsection (c) is based on title 14, U. S. C., 1946 ed., § 185d (May 24, 1939, ch. 146, § 5, 53 Stat. 756). Said section has been divided. The first sentence is incorporated in section 423 of this title. The second proviso is incorporated in section 424 of this title. The remainder is placed in this subsection. Changes in phraseology were made.

SECTION 358-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 185b (May 24, 1939, ch. 146, §3, 53 Stat. 755).

The limitation on retirements is relaxed so that if the full percentage was not retired in any one year, they may be retired in succeeding years.

Changes in phraseology were made.

SECTION 359-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §185c (May 24, 1939, ch. 146, §4, 53 Stat. 755).

This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§240 and 310 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable.

SECTION 360-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 185c (May 24, 1939, ch. 146, $4, 53 Stat. 755).

This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see $8241 and 311 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable.

SECTION 361-NEW SECTION

Derived from 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).

Said sections have application to officers only, but in accord with the general plan to make as many provisions as possible applicable both to officers and men, it seems highly desirable to provide similarly for enlisted men-a fortiori because there are cases in the Coast Guard in which enlisted men are suffering inequitably because there is no provision for advancing men on the retired list after they have been advanced in rating while serving on active duty after recall from the retired list.

SECTION 362-SECTION REVISED

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

The requirement that the higher grade or rating 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)).

SECTION 363-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 enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 245 of this title. That part dealing with warrant officers is placed in section 314 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 364-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 enlisted men is placed in this section. That part dealing with commissioned officers is placed in section 246 of this title. That part dealing with warrant officers is placed in section 315 of this title.

Changes in phraseology were made.

SECTION 365 SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 35 (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586). Said section has been divided. Subsection (b) is placed in this section. The provisions of the first sentence of subsection (a) are placed in section 351 of this title. The proviso of subsection (a) is covered in section 367 (b) of this title. Subsections (c) and (d) are placed in section 367 (a) of this title, except that part (3) of subsection (c) is covered in section 366 of this title.

Changes in phraseology were made in order to adapt the section to this revision.

SECTION 366-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., § 35b (Dec. 12, 1941, ch. 566, 55 Stat. 797).

The parenthetical part, which has no application insofar as the Coast Guard is concerned, has been eliminated.

Inasmuch as the act cited above applies equally to the Army, Navy, and Marine Corps, as well as the Coast Guard, it is not scheduled for repeal but is being amended by section 14 of this act to eliminate reference to the Coast Guard.

Changes in phraseology were made in order to adapt the section to this revision.

SECTION 367-SECTION REVISED

Based on title 14, U. S. C., 1946 ed., §§ 35, 35a, 35c (May 26, 1906, ch. 2556, § 1, 34 Stat. 200; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; July 30, 1937, ch. 545, § 1, 50 Stat. 547; July 11, 1941, ch. 290, § 8, 55 Stat. 586; Aug. 18, 1941, ch. 364, § 3, 55 Stat. 629; Dec. 13, 1941, ch. 570, 5, 55 Stat. 799).

Section 35 of title 14, U. S. C., 1946 ed., has been divided. The proviso of subsection (a) is covered by subsection (b) of this section. Subsections (c) and (d) are placed in subsection (a) of this section, except that part (3) of subsection (c) is covered in section 366 of this title. The first sentence of subsection (a) is placed in section 351 of this title. Subsection (b) is placed in section 365 of this title. Changes in phraseology and arrangement were made.

SECTION 368-NEW SECTION

It is believed desirable to make provision for the discharge of minors who enlist by concealing their true age without consent of their parents. This provision is similar to the Navy statute (see title 34, U. S. C., 1946 ed., § 181).