§2310. Relief of retired enlisted member promoted while on active duty

Any enlisted member on the retired list recalled to active duty who during such active duty is advanced to a higher grade or rating under a permanent or temporary appointment or promotion shall, upon relief from active duty be advanced on the retired list to the highest grade or rating held while on active duty. In case the appointment or promotion was temporary the advancement on the retired list shall be made only to such grade or rating in which the member served satisfactorily on active duty.

(Aug. 4, 1949, ch. 393, 63 Stat. 522 , §361; Aug. 3, 1950, ch. 536, §20, 64 Stat. 407 ; Pub. L. 98–557, §15(a)(3)(A), (G), (4)(C)(i), Oct. 30, 1984, 98 Stat. 2865 ; renumbered §2310, Pub. L. 115–282, title I, §113(b), Dec. 4, 2018, 132 Stat. 4221 .)

Historical and Revision Notes

Derived from title 34, U.S.C., 1946 ed., §§3501(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. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018-Pub. L. 115–282 renumbered section 361 of this title as this section.

1984-Pub. L. 98–557 in section catchline substituted "enlisted member" for "man", and in two places in text substituted "member" for "man".

1950-Act Aug. 3, 1950, struck out all references to pay.