republic-os/legal/us/code/title-10/chapter-843/section-8375.md

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LegalText	10 U.S.C. § 8375	Navy and Marine Corps; warrant officers, W–1: limitation on dismissal	us	united_states_code	code_section	10	ARMED FORCES	843	INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH	8375	10 U.S.C. § 8375	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s8375	data/legal/raw/us/code/title-10/usc10.xml	e395102addc3fe3926a3abebe69135793a7ad41a3c9da1407b611d40d8177bf8	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	13217406540c11764f5c644676970ea23f682842cc99af23af877de8ceb18576	2026-07-04	official	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.