Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 8371"
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description: "Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "843"
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chapter_name: "INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH"
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section: "8371"
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# 10 U.S.C. § 8371 - Mandatory retirement: Superintendent of the United States Naval Academy; waiver authority
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## Text
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(a) Mandatory Retirement.— Upon the termination of the detail of an officer to the position of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision of chapter 841 of this title under which the officer is eligible to retire.
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(b) Waiver Authority.— The Secretary of Defense may waive the requirement in subsection (a) for good cause. In each case in which such a waiver is granted for an officer, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notification of the waiver, with a statement of the reasons supporting the decision that the officer not retire, and a written notification of the intent of the President to nominate the officer for reassignment. In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.
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(Added Pub. L. 106–65, div. A, title V, § 532(a)(2)(A), Oct. 5, 1999, 113 Stat. 603, § 6371; amended Pub. L. 108–375, div. A, title V, § 541(a)(2), (c)(2)(A), Oct. 28, 2004, 118 Stat. 1902, 1904; renumbered § 8371 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(16), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840; Pub. L. 117–263, div. A, title V, § 509(b), Dec. 23, 2022, 136 Stat. 2560.)
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## Notes
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Editorial Notes
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Prior ProvisionsA prior section 8371, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1527, related to promotion of officers to grade of colonel to fill vacancies in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14301 et seq. of this title.
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Amendments2022—Subsec. (b). Pub. L. 117–263 inserted at end “In the event a waiver under this subsection is granted, the subsequent nomination and appointment of such officer having served as Superintendent of the Academy to a further assignment in lieu of retirement shall be subject to the advice and consent of the Senate.” 2018—Pub. L. 115–232, § 807(b)(16), renumbered section 6371 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “chapter 841” for “chapter 571”. 2004—Pub. L. 108–375 inserted “; waiver authority” after “Academy” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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Application of Section to Superintendents Serving on October 5, 1999Section not applicable to an officer serving on Oct. 5, 1999, in the position of Superintendent of the United States Military Academy, Naval Academy, or Air Force Academy for so long as that officer continues on and after that date to serve in that position without a break in service, see section 532(a)(5) of Pub. L. 106–65, set out as a note under section 7321 of this title.
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type: "LegalText"
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title: "10 U.S.C. § 8373"
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description: "Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service"
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section: "8373"
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citation: "10 U.S.C. § 8373"
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---
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# 10 U.S.C. § 8373 - Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service
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## Text
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(a) Subject to section 12645 of this title, an officer in an active status in the Navy Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieutenant, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list may, in the discretion of the Secretary of the Navy, be eliminated from an active status or released from active duty and placed on the reserve active-status list.
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(b) An officer who is to be eliminated from an active status under subsection (a) shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Navy Reserve or the Marine Corps Reserve.
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(c) (1) An officer in an active status in the Navy Reserve in the permanent grade of lieutenant commander or commander, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or lieutenant colonel, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Navy Reserve or the Marine Corps Reserve if he has completed a period of total commissioned service equal to that specified below for the permanent grade in which he is serving: GradeTotal commissioned service NavyMarine Corps CommanderLieutenant colonel28 years. Lieutenant commanderMajor20 years.
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(2) Notwithstanding the first sentence of paragraph (1), the Secretary may defer the retirement or discharge of such number of officers serving in the grade of lieutenant commander as are necessary to maintain the authorized officer strength of the Ready Reserve, but the duration of such deferment for any individual officer may not be in excess of five years.
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(3) Notwithstanding paragraph (1), the Secretary may defer the retirement or discharge under this subsection of an officer serving in the permanent grade of lieutenant commander or commander in the Navy Reserve or in the permanent grade of major or lieutenant colonel in the Marine Corps Reserve for a period of time which does not exceed the amount of service in an active status which was credited to the officer at the time of his original appointment or thereafter under any provision of law, if the officer can complete at least 20 years of service as computed under section 12732 of this title during the period of such deferment.
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(4) Notwithstanding paragraph (1), the Secretary may defer the retirement or discharge under this subsection of such number of officers serving in the permanent grade of commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Navy Reserve as are necessary to provide for mobilization requirements.
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(d) For the purposes of subsection (c), the total commissioned service of an officer who has served continuously in the Navy Reserve or the Marine Corps Reserve following appointment therein in the permanent grade of ensign or second lieutenant, as the case may be, shall be computed from June 30 of the fiscal year in which he accepted the appointment. Each other officer is considered to have for this purpose as much total commissioned service as the years of active commissioned service of any regular officer on the active-duty list of the Navy not restricted in the performance of duty, or any regular officer on the active-duty list of the Marine Corps not restricted in the performance of duty, as appropriate, who has served continuously since original appointment as an ensign on the active-duty list of the Navy or as a second lieutenant on the active-duty list of the Marine Corps, has not lost numbers or precedence, and is, or has been after September 6, 1947, junior to that other officer. However, the total commissioned service that the other officer is considered to have may not be less than the actual number of years he has served as a commissioned officer in a grade above chief warrant officer, W–5.
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(Added Pub. L. 85–861, § 1(144)(A), Sept. 2, 1958, 72 Stat. 1509, § 6389; amended Pub. L. 86–559, § 1(46), June 30, 1960, 74 Stat. 274; Pub. L. 96–513, title III, § 337(a), Dec. 12, 1980, 94 Stat. 2900; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, § 528(c), Oct. 19, 1984, 98 Stat. 2526; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102–190, div. A, title XI, § 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103–337, div. A, title XVI, §§ 1628, 1673(c)(1), Oct. 5, 1994, 108 Stat. 2962, 3016; Pub. L. 104–106, div. A, title XV, § 1501(c)(25), Feb. 10, 1996, 110 Stat. 499; Pub. L. 109–163, div. A, title V, § 515(b)(1)(M), (3)(C), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8373, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 6389(a)50:1311(c) (1st sentence).Sept. 3, 1954, ch. 1257, § 411(c) (1st sentence), 68 Stat. 1170. 6389(b)50:1311(a) (as applicable to 1311(c)).Sept. 3, 1954, ch. 1257, § 411(a) (as applicable to 411(c)), 68 Stat. 1169. 6389(c)50:1311(c) (2d sentence).Sept. 3, 1954, ch. 1257, § 411(c) (2d sentence), 68 Stat. 1170. 6389(d)50:1311(c) (less 1st and 2d sentences).Sept. 3, 1954, ch. 1257, § 411(c) (less 1st and 2d sentences), 68 Stat. 1170. 6389(e)[No source].[No source]. In subsection (a), the words “who is considered as having twice failed of selection for promotion” are substituted for the words “after failing of selection for promotion * * * a second time” to conform to similar statements in this title. (See the revision note on section 5776.) The words “may be retained in” are omitted as surplusage, since the authority to eliminate such officers from an active status is discretionary with the Secretary. Subsection (e) is added to avoid conflict with 50:1311(d) and (e), codified in sections 6397 and 6403 of this title. 50:1311(d) and (e) contain special provisions for “women officers” and officers in the Nurse Corps, respectively, so that officers in these categories must be excepted from this section. Women officers appointed under the act of June 24, 1952, ch. 457 (66 Stat. 155; 34 U.S.C. 21e) (codified in section 5581 of this title), are not “women officers” within the meaning of 50:1311(d), however, but are required to be promoted, retired, or eliminated from active status as if they were men. (See the revision note on section 5665 of this title.) The application of this section to these officers is therefore made explicit. Both men and women are eligible for appointment as reserve officers in the Nurse Corps and are subject to the special provisions relating to that corps.
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Editorial Notes
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Prior ProvisionsA prior section 8373, added Pub. L. 89–172, § 1, Sept. 8, 1965, 79 Stat. 662, related to promotion of officers to grades of brigadier general and major general of Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14315 of this title. Another prior section 8373, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, § 1(58), June 30, 1960, 74 Stat. 277, containing similar subject matter, expired by its own terms on June 30, 1964.
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Amendments2018—Pub. L. 115–232 renumbered section 6389 of this title as this section. 2006—Pub. L. 109–163, § 515(b)(3)(C), substituted “Navy Reserve” for “Naval Reserve” in section catchline. Pub. L. 109–163, § 515(b)(1)(M), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text. 1996—Subsec. (c). Pub. L. 104–106 substituted “section 12732” for “section 1332”. 1994—Subsec. (a). Pub. L. 103–337, § 1673(c), substituted “12645” for “1005”. Pub. L. 103–337, § 1628(1), inserted “while on the active-duty list” after “to the next higher grade” and “or released from active duty and placed on the reserve active-status list” after “from an active status”. Subsec. (b). Pub. L. 103–337, § 1628(2), struck out “or (f)” after “subsection (a)”. Subsec. (c). Pub. L. 103–337, § 1628(3)(H), designated last sentence as par. (4) and in that sentence substituted “paragraph (1)” for “the first two sentences of this subsection” and struck out “captain or” after “permanent grade of”. Pub. L. 103–337, § 1628(3)(G), designated 4th sentence as par. (3) and in that sentence substituted “paragraph (1)” for “the first two sentences of this subsection”. Pub. L. 103–337, § 1628(3)(F), designated sentence after table as par. (2) and in that sentence substituted “the first sentence of paragraph (1)” for “the first sentence of this subsection”. Pub. L. 103–337, § 1628(3)(E), in table struck out line relating to grades of captain in Navy and colonel in Marine Corps and substituted “28 years” for “26 years”. Pub. L. 103–337, § 1628(3)(D), inserted “while on the active-duty list” after “to the next higher grade” in first sentence. Pub. L. 103–337, § 1628(3)(C), substituted “major or lieutenant colonel” for “major or above” in two places. Pub. L. 103–337, § 1628(3)(B), substituted “lieutenant commander or commander” for “lieutenant commander or above” in two places. Pub. L. 103–337, § 1628(3)(A), inserted “(1)” after “(c)”. Subsec. (e). Pub. L. 103–337, § 1628(4), struck out subsec. (e) which read as follows: “This section does not apply to women reserve officers or to reserve officers in the Nurse Corps.” Subsec. (f). Pub. L. 103–337, § 1628(4), struck out subsec. (f) which provided for transfer or discharge of rear admirals (lower half) in Naval Reserve and brigadier generals in Marine Corps Reserve on completion of 30 years service or five years in grade and for rear admirals in Naval Reserve and major generals in Marine Corps Reserve on completion of 35 years service or five years in grade and provided that rear admirals (lower half) and rear admirals in Naval Reserve and brigadier generals and major generals in Marine Corps Reserve could be considered for early retirement by continuation board. See sections 14508 and 14705 of this title. Subsec. (g). Pub. L. 103–337, § 1628(4), struck out subsec. (g) which read as follows: “An officer in an active status in the Naval Reserve in the permanent grade of ensign who is found not qualified for promotion to the grade of lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of second lieutenant who is found not qualified for promotion to the grade of first lieutenant, may (unless he is sooner promoted) be eliminated from an active status.” 1991—Subsec. (d). Pub. L. 102–190 substituted “W–5” for “W–4”. 1985—Subsec. (f)(1), (3). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”. 1984—Subsec. (g). Pub. L. 98–525 added subsec. (g). 1981—Subsec. (f)(1), (3). Pub. L. 97–86 substituted “commodore” for “commodore admiral”. 1980—Subsec. (b). Pub. L. 96–513, § 337(a)(1), substituted “subsection (a) or (f)” for “subsection (a)”. Subsec. (d). Pub. L. 96–513, § 337(a)(2), substituted “as the years of active commissioned service of any regular officer on the active-duty” for “as any officer in the line on the active” and “or any regular officer on the active-duty list of the Marine Corps” for “or any officer on the active list of the Marine Corps”. Subsec. (e). Pub. L. 96–513, § 337(a)(3), substituted “does not apply to” for “applies to women officers appointed under section 5581 of this title, but not to other”. Subsec. (f). Pub. L. 96–513, § 337(a)(4), added subsec. (f). 1960—Subsec. (c). Pub. L. 86–559 empowered the Secretary to defer the retirement or discharge of officers serving in the grade of lieutenant commander in the Ready Reserve, in the permanent grade of lieutenant commander or above in the Naval Reserve, in the permanent grade of major or above in the Marine Corps Reserve, and in the permanent grade of captain or commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Naval Reserve.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
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Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
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Effective Date of 1994 AmendmentAmendment by section 1673(c)(1) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1628 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
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Effective Date of 1991 AmendmentAmendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.
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Effective Date of 1981 AmendmentAmendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 8374"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 8374 - Treatment of fractions of years of service in computing retired pay and separation pay
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## Text
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In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 415, § 6404; Pub. L. 96–513, title V, § 503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98–94, title IX, § 923(c)(4), Sept. 24, 1983, 97 Stat. 643; renumbered § 8374, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 640434 U.S.C. 410c(a) (1st proviso).Feb. 21, 1946, ch. 34, § 7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. 34 U.S.C. 410j(g) (1st proviso).Aug. 7, 1947, ch. 512, § 312(g) (1st proviso), 61 Stat. 860. 34 U.S.C. 410d (1st proviso).Feb. 21, 1946, ch. 34, § 9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, § 432(b), 61 Stat. 881. 34 U.S.C. 410j(h) (1st proviso).Aug. 7, 1947, ch. 512, § 312(h) (1st proviso), 61 Stat. 860. 34 U.S.C. 410r(h).June 12, 1948, ch. 449, § 207(h), 62 Stat. 368. 34 U.S.C. 410r(j) (proviso).June 12, 1948, ch. 449, § 207(j) (proviso), 62 Stat. 366. 34 U.S.C. 43g(g).Apr. 16, 1947, ch. 38, § 207(h), 61 Stat. 50; redesignated (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882; May 16, 1950, ch. 186, § 3(j), 64 Stat. 162. 34 U.S.C. 625h(a).June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. The words “and a part of a year that is less than six months is disregarded” are added for clarity. The legislative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Committee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949).
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Editorial Notes
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Prior ProvisionsA prior section 8374, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528, provided that promotion of reserve commissioned officers be effective upon Federal recognition in next higher grade of Air National Guard, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14308(f) of this title.
|
||||
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||||
Amendments2018—Pub. L. 115–232 renumbered section 6404 of this title as this section. 1983—Pub. L. 98–94 substituted “each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded” for “a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded”. 1980—Pub. L. 96–513 substituted “separation pay” for “severance pay” in section catchline and substituted “separation pay” for “lump-sum payments” in text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any individual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 8375"
|
||||
description: "Navy and Marine Corps; warrant officers, W–1: limitation on dismissal"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "843"
|
||||
chapter_name: "INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH"
|
||||
section: "8375"
|
||||
citation: "10 U.S.C. § 8375"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s8375"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "e395102addc3fe3926a3abebe69135793a7ad41a3c9da1407b611d40d8177bf8"
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||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "13217406540c11764f5c644676970ea23f682842cc99af23af877de8ceb18576"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 8375 - Navy and Marine Corps; warrant officers, W–1: limitation on dismissal
|
||||
|
||||
## Text
|
||||
|
||||
(a) No officer who holds the grade of warrant officer, W–1, may be dismissed from the Navy or the Marine Corps except in time of war, by order of the President.
|
||||
|
||||
(b) The President may drop from the rolls of the Navy or the Marine Corps any officer who holds the grade of warrant officer, W–1, who—
|
||||
|
||||
(1) has been absent without authority for at least three months; or
|
||||
|
||||
(2) is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 416, § 6408; renumbered § 8375, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 640850 U.S.C. 739 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps).May 5, 1950, ch. 169, § 10 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps), 64 Stat. 146. This section reflects the opinion of the Judge Advocate General of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739 applies to warrant officers (now warrant officers, W–1), of the Navy and the Marine Corps. The Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the former warrant officer (as distinguished from commissioned warrant officer) grades. 50 U.S.C. 739, as applicable to officers above the grade of warrant officer, W–1, is codified in § 1161 of this title. In subsection (a) the words “by sentence of a general court-martial, or in commutation thereof” are omitted since the separation from the service of a warrant officer, W–1, by sentence of court-martial is effected by dishonorable discharge. In subsection (b) the words “from his place of duty” are omitted as surplusage. The words “at least” are substituted for the words “or more”. The words “by a court other than a court-martial or other military court” are substituted for the words “by the civil authorities”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsPrior sections 8375 to 8378 were repealed by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. Section 8375, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, § 1(59), June 30, 1960, 74 Stat. 277; Pub. L. 96–513, title V, § 514(3), Dec. 12, 1980, 94 Stat. 2935, related to transfer or discharge of officers promoted to reserve grade of brigadier general or major general ceasing to occupy those positions. See section 14314(a), (c) of this title. Section 8376, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, § 1(60), June 30, 1960, 74 Stat. 277, related to promotion of commissioned officers of Air Force Reserve or Air National Guard of United States to higher reserve grades after temporary appointments. See section 14301 et seq. of this title. Section 8377, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1529; amended Pub. L. 86–559, § 1(61), June 30, 1960, 74 Stat. 277, related to effect of removal of reserve commissioned officer from recommended promotion list by President. See section 14301 et seq. of this title. Section 8378, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1530, related to promotion of reserve commissioned officers removed from active status. See section 14317(a) of this title. A prior section 8379, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1530, provided that appointing commissioned officers of Air National Guard was function of governors, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1636(c), Oct. 5, 1994, 108 Stat. 2968, effective Feb. 10, 1996. Prior sections 8380 and 8381 were repealed by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. Section 8380, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1530; amended Pub. L. 86–559, § 1(62), June 30, 1960, 74 Stat. 277; Pub. L. 98–94, title X, § 1015(b)(1), Sept. 24, 1983, 97 Stat. 667; Pub. L. 99–145, title V, § 521(b), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100–180, div. A, title V, § 502(b)(1), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, § 503(b)(1), Nov. 29, 1989, 103 Stat. 1437; Pub. L. 102–484, div. A, title V, § 519(b), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 103–160, div. A, title V, § 514(b), Nov. 30, 1993, 107 Stat. 1649; Pub. L. 104–106, div. A, title V, § 511(b), title XV, § 1501(c)(31), Feb. 10, 1996, 110 Stat. 298, 500, related to promotion of reserve commissioned officers on active duty and not on the active duty list. See section 14311(e) of this title. Section 8381, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1531; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer, discharge, or withdrawal of Federal recognition of reserve officers ceasing to occupy position of adjutant general or assistant adjutant general. See section 14314(b), (c) of this title.
|
||||
|
||||
Amendments2018—Pub. L. 115–232 renumbered section 6408 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
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