§ 304. Retirement of Commandant or Vice Commandant

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(1)A Commandant who is not reappointed shall be retired with the grade of admiral at the expiration of the appointed term, except as provided in section 306(d) of this title.

(2)A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d).

(b)A Commandant or Vice Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral.

(c)An officer who is retired prior to the expiration of the officer’s term, while serving as Commandant or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant, may, in the discretion of the President, be retired with the grade of admiral.

(d)Retirement under this section is subject to section 2501(a) of this title.

(Aug. 4, 1949, ch. 393, 63 Stat. 499, § 46; Pub. L. 86–474, § 1(5), May 14, 1960, 74 Stat. 144; Pub. L. 88–130, § 1(4), Sept. 24, 1963, 77 Stat. 175; Pub. L. 89–444, § 1(4), (5), June 9, 1966, 80 Stat. 195; Pub. L. 97–295, § 2(1), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 99–348, title II, § 205(b)(1), July 1, 1986, 100 Stat. 699; Pub. L. 103–206, title II, § 204(a), Dec. 20, 1993, 107 Stat. 2421; Pub. L. 114–120, title II, § 209(2), Feb. 8, 2016, 130 Stat. 40; Pub. L. 115–232, div. C, title XXXV, § 3528(a), Aug. 13, 2018, 132 Stat. 2318; renumbered § 303 and amended Pub. L. 115–282, title I, §§ 104(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4196, 4240;

Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8201(a), Jan. 1, 2021, 134 Stat. 4641; Pub. L. 117–263, div. K, title CXII, § 11240, Dec. 23, 2022, 136 Stat. 4039; renumbered § 304, Pub. L. 119–60, div. G, title LXXII, § 7201(b), Dec. 18, 2025, 139 Stat. 1675.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., § 161 (Jan. 12, 1923, ch. 25, § 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June 9, 1937, ch. 309, § 1, 50 Stat. 252; June 6, 1940, ch. 257, § 1(a), 54 Stat. 246).

Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557.

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