Each officer of the Regular Coast Guard appointed under section 2101 of this title who is serving in the grade of lieutenant (junior grade) and who has failed of selection for promotion to the grade of lieutenant for the second time, shall:
(1) be honorably discharged on June 30 of the promotion year in which his second failure of selection occurs; or
(2) if he so requests, be honorably discharged at an earlier date without loss of benefits that would accrue if he were discharged on that date under clause (1); or
(3) if, on the date specified for his discharge in this section, he is eligible for retirement under any law, be retired on that date.
(Added Pub. L. 88–130, § 1(10)(C), Sept. 24, 1963, 77 Stat. 184, § 282; amended Pub. L. 94–546, § 1(21), Oct. 18, 1976, 90 Stat. 2520; renumbered § 2142 and amended Pub. L. 115–282, title I, §§ 112(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4216, 4240.)
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