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-CITE-
10 USC CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE
ADVOCATE GENERAL 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-MISC1-
Sec.
5131. Bureaus: names; location.
5132. Bureaus: distribution of business; orders; records;
expenses.
5133. Bureau Chiefs: rank; pay and allowances; retirement.
[5134. Repealed.]
5135. Bureau Chiefs: succession to duties.
[5136. Repealed.]
5137. Bureau of Medicine and Surgery: Chief; Deputy Chief.
5138. Bureau of Medicine and Surgery: Dental Corps; Chief;
functions.
5139. Appointment of chiropractors in the Medical Service
Corps.
[5140. Repealed.]
5141. Bureau of Naval Personnel: Chief of Naval Personnel;
Deputy Chief of Naval Personnel.
5142. Chaplain Corps and Chief of Chaplains.
5142a. Deputy Chief of Chaplains.
5143. Office of Navy Reserve: appointment of Chief.
5144. Office of Marine Forces Reserve: appointment of
Commander.
[5145 to 5147. Repealed.]
5148. Judge Advocate General's Corps: Office of the Judge
Advocate General; Judge Advocate General;
appointment, term, emoluments, duties.
5149. Office of the Judge Advocate General: Deputy Judge
Advocate General; Assistant Judge Advocates General.
5150. Staff Corps of the Navy.
[5151 to 5153. Renumbered.]
[5154. Repealed.]
[5155. Renumbered.]

AMENDMENTS
2006 - Pub. L. 109-364, div. A, title V, Sec. 593(d)(2), Oct. 17,
2006, 120 Stat. 2235, substituted "Corps" for "Division" in item
5138.
Pub. L. 109-163, div. A, title V, Sec. 515(b)(4)(A), Jan. 6,
2006, 119 Stat. 3235, substituted "Navy" for "Naval" in item 5143.
1996 - Pub. L. 104-201, div. A, title XII, Sec. 1212(b)(2),
(c)(2), Sept. 23, 1996, 110 Stat. 2692, 2693, added items 5143 and
5144.
1994 - Pub. L. 103-337, div. A, title V, Sec. 504(b)(5), Oct. 5,
1994, 108 Stat. 2751, struck out "and Judge Advocate General" after
"Chiefs" in item 5133.
1992 - Pub. L. 102-484, div. A, title V, Sec. 505(b)(2), Oct. 23,
1992, 106 Stat. 2404, added item 5139.
1986 - Pub. L. 99-433, title V, Sec. 514(a)(1), (3), Oct. 1,
1986, 100 Stat. 1054, struck out "; OFFICE OF NAVAL RESEARCH" after
"GENERAL" in chapter heading, struck out items 5150 "Office of
Naval Research: Chief, appointment, term, emoluments; Assistant
Chief; succession to duties", 5151 "Office of Naval Research:
duties", 5152 "Office of Naval Research: appropriations; time
limit", and 5153 "Naval Research Advisory Committee", and
redesignated item 5155 as item 5150.
1980 - Pub. L. 96-513, title V, Secs. 503(8), 513(6), Dec. 12,
1980, 94 Stat. 2911, 2931, struck out items 5134 "Deputy Bureau
Chiefs: pay", 5139 "Bureau of Medicine and Surgery: Medical Service
Corps, Chief", 5140 "Bureau of Medicine and Surgery: Nurse Corps,
Director", and 5143 "Bureau of Naval Personnel: Assistant Chief of
Women", and added item 5155.
Pub. L. 96-343, Sec. 11(b), Sept. 8, 1980, 94 Stat. 1130,
substituted "Chaplain Corps and" for "Bureau of Naval Personnel:"
in item 5142 and added item 5142a.
1967 - Pub. L. 90-179, Sec. 2(3), Dec. 8, 1967, 81 Stat. 547,
inserted reference to Judge Advocate General's Corps in item 5148
and inserted reference to Deputy Judge Advocate General and
substituted "Advocates General" for "Advocate General; succession
to duties" after "Assistant Judge" in item 5149.
1966 - Pub. L. 89-718, Secs. 35(2), (5), 36, Nov. 2, 1966, 80
Stat. 1120, inserted "and Judge Advocate General" after "Bureau
Chiefs" in item 5133, struck out items 5145, 5146, 5147, and 5154
which related to Bureau of Ships and the Chief, Deputy Chief, and
Division Heads thereof, Bureau of Supplies and Accounts and the
Chief and Deputy Chief thereof, Bureau of Yards and Docks and the
Chief and Deputy Chief thereof, and Bureau of Naval Weapons and the
Chief and Deputy Chief thereof, respectively, and struck out "pay,"
in item 5149.
1959 - Pub. L. 86-174, Secs. 1(3), 2(4), Aug. 18, 1959, 73 Stat.
395, 396, added item 5154 and eliminated items 5136 and 5144.

-End-



-CITE-
10 USC Sec. 5131 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5131. Bureaus: names; location

-STATUTE-
There are in the executive part of the Department of the Navy the
following bureaus:
(1) Bureau of Medicine and Surgery.
(2) Bureau of Naval Personnel.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 285; Pub. L. 86-174, Secs.
1(1), 2(1), Aug. 18, 1959, 73 Stat. 395; Pub. L. 89-718, Sec.
35(1), Nov. 2, 1966, 80 Stat. 1120.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5131 5 U.S.C. 429 (less R.S. 419 (less
applicability to applicability to
distribution of business distribution of business
among bureaus). among bureaus); July 19,
1892, ch. 206, 27 Stat.
243 (6th par.); June 30,
1914, ch. 130, 38 Stat.
408 (4th par.); July 12,
1921, ch. 44, Sec. 8
(1st 17 words of 1st
par.), 42 Stat. 140;
June 20, 1940, ch. 400,
Sec. 1(a), (b), 54 Stat.
492; May 13, 1942, ch.
303, Sec. 1, 56 Stat.
276.
--------------------------------------------------------------------

The bureaus are listed alphabetically for convenience. This
listing has no effect on the precedence of the bureaus.

AMENDMENTS
1966 - Pub. L. 89-718 struck out cls. (3) to (6) which related to
the Bureau of Naval Weapons, the Bureau of Ships, the Bureau of
Supplies and Accounts, and the Bureau of Yards and Docks,
respectively.
1959 - Pub. L. 86-174 inserted reference to Bureau of Naval
Weapons and struck out reference to Bureau of Aeronautics and
Bureau of Ordnance.

EFFECTIVE DATE OF 1959 AMENDMENT
Section 2 of Pub. L. 86-174 provided that the amendment of this
section and section 5133 of this title and the repeal of sections
5136 and 5144 of this title shall be effective on July 1, 1960, or
on any earlier date on which the Secretary of the Navy makes a
formal finding that all the functions of the Bureau of Aeronautics
and the Bureau of Ordnance have been transferred to the Bureau of
Naval Weapons or elsewhere.

BUREAU OF NAVAL WEAPONS; TRANSFER OF FUNDS
Section 3 of Pub. L. 86-174 provided that: "The unexpended
balances of appropriations and funds available for use in
connection with the exercise of any function transferred to the
Bureau of Naval Weapons shall be transferred in the manner provided
by section 407 of the National Security Act of 1947, as amended (5
U.S.C. 172f) [10 U.S.C. 126], for use in connection with the
transferred functions."

-End-



-CITE-
10 USC Sec. 5132 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5132. Bureaus: distribution of business; orders; records;
expenses

-STATUTE-
(a) Except as otherwise provided by law, the business of the
executive part of the Department of the Navy shall be distributed
among the bureaus as the Secretary of the Navy considers expedient
and proper.
(b) Each bureau shall perform its duties under the authority of
the Secretary, and its orders are considered as coming from the
Secretary.
(c) Under the Secretary, each bureau has custody and charge of
its records and accounts.
(d) Each bureau shall furnish to the Secretary estimates for its
specific, general, and contingent expenses.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 285.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5132(a) 5 U.S.C. 429 (as R.S. 419 (as applicable
applicable to to distribution of
distribution of business business among bureaus).
among bureaus).
5 U.S.C. 455 (1st 23 July 12, 1921, ch. 44,
words). Sec. 8 (1st par., 1st 37
words), 42 Stat. 140.
5132(b) 5 U.S.C. 430 (last 39 R.S. 420 (last 39 words).
words).
5 U.S.C. 430b. June 20, 1940, ch. 400,
Sec. 1(b) (2d sentence),
54 Stat. 493.
5 U.S.C. 455 (less 1st 23 July 12, 1921, ch. 44,
words). Sec. 8 (1st par., less
1st 37 words), 42 Stat.
140.
5132(c) 5 U.S.C. 430 (less last R.S. 420 (less last 39
39 words). words).
5132(d) 5 U.S.C. 431. R.S. 430.
--------------------------------------------------------------------

In subsection (a) the phrase "Except as otherwise provided by
law" is added to preserve provisions directing that the Chief of
Naval Operations and other statutory offices and boards share in
the business of the executive part of the Department of the Navy.
The words "The Bureau of Aeronautics shall be charged with matters
pertaining to naval aeronautics" in 5 U.S.C. 455 are omitted as
implied in the name of the bureau and covered by the authority
granted to the Secretary to distribute the business of the
Department.
In subsection (b) the words "and shall have full force and effect
as such" are omitted as surplusage.
In subsection (c) the words "Under the Secretary" are inserted to
make the provisions of 5 U.S.C. 413 and 5 U.S.C. 430, the latter of
which is here codified, harmonious and to give meaning to each
provision.


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions of bureaus and reorganization, see note set
out under section 5111 of this title.

-End-



-CITE-
10 USC Sec. 5133 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5133. Bureau Chiefs: rank; pay and allowances; retirement

-STATUTE-
(a) Unless appointed to a higher grade under another provision of
law, an officer of the Navy, while serving as a chief of bureau,
has the rank of rear admiral.
(b) Except for an officer who is serving or has served in the
grade of vice admiral under section 5137(a) of this title, an
officer who is retired while serving as a chief of bureau, or who,
after serving at least two and one-half years as chief of bureau,
is retired after completion of that service while serving in a
lower rank or grade, may, in the discretion of the President, be
retired with the grade of rear admiral, and with retired pay based
on that grade. An officer who is serving or has served in the grade
of vice admiral under section 5137(a) of this title may, upon
retirement, be appointed by the President, by and with the advice
and consent of the Senate, to the highest grade held by him while
on the active list or active-duty list and with retired pay based
on that grade.
(c) Except in time of war, any officer of a staff corps who has
served as a chief of bureau for a full term is exempt from sea
duty.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 285; Pub. L. 86-174, Sec. 2(2),
Aug. 18, 1959, 73 Stat. 396; Pub. L. 87-649, Sec. 14c(15), Sept. 7,
1962, 76 Stat. 501; Pub. L. 89-288, Sec. 3, Oct. 22, 1965, 79 Stat.
1050; Pub. L. 89-718, Sec. 35(2)-(4), Nov. 2, 1966, 80 Stat. 1120;
Pub. L. 96-513, title V, Sec. 503(9), Dec. 12, 1980, 94 Stat. 2911;
Pub. L. 103-337, div. A, title V, Sec. 504(b)(3), (5), Oct. 5,
1994, 108 Stat. 2751.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5133(a) 5 U.S.C. 441 (less July 1, 1918, ch. 114,
applicability to JAG). 40 Stat. 717 (1st
sentence on p. 717, less
applicability to JAG).
5 U.S.C. 441a (as June 20, 1940, ch. 400,
applicable to rank, pay Sec. 1(c) (2d sentence,
and allowances). less applicability to
retirement), 54 Stat.
493.
5 U.S.C. 439 (last 39 July 12, 1921, ch. 44,
words). Sec. 8 (2d par., last 42
words), 42 Stat. 140.
5133(b) 5 U.S.C. 425a (as June 22, 1938, ch. 567,
applicable to Chiefs of 52 Stat. 839 (as
Bureaus). applicable to Chiefs of
Bureaus).
5 U.S.C. 441a (as June 20, 1940, ch. 400,
applicable to retirement). Sec. 1(c) (2d sentence
as applicable to
retirement), 54 Stat.
493.
5133(c) 34 U.S.C. 225. R.S. 1436.
--------------------------------------------------------------------

In subsection (a), the language that incorporates the rank, pay,
and allowances of chiefs of bureaus of the War Department for
chiefs of bureaus is executed. Creation of the Department of the
Air Force by the National Security Act of 1947, and the saving
provisions in Sec. 305 of that act, would relate chiefs of bureaus
of the Navy to the corresponding officers of both the other
military departments. Since there is now positive organizational
law for both of those departments providing the grades of the
departmental officers, and, since in the reorganization of the
departments, there is no precise counterpart of the chief of a Navy
bureau, it is inappropriate to continue the incorporation by
reference. Subsection (a), therefore, provides that bureau chiefs
are entitled to have the rank of rear admiral with pay and
allowances of a rear admiral in the upper half, which, under Sec.
516 of the Officer Personnel Act of 1947, corresponds with major
general. The subsection also recognizes the possibility of
appointing an officer of the Marine Corps as Chief of the Bureau of
Aeronautics by providing that such an appointee has the rank, pay,
and allowances of a major general.

AMENDMENTS
1994 - Pub. L. 103-337, Sec. 504(b)(5), struck out "and Judge
Advocate General" after "Chiefs" in section catchline.
Subsec. (a). Pub. L. 103-337, Sec. 504(b)(3)(A), struck out "or
the Judge Advocate General" after "chief of bureau" and struck out
at end "Unless appointed to a higher grade under another provision
of law, an officer of the Marine Corps, while serving as Judge
Advocate General, has the rank of major general."
Subsec. (b). Pub. L. 103-337, Sec. 504(b)(3)(B), struck out "or
the Judge Advocate General" after "chief of bureau" in two places
and "or major general, as appropriate" after "grade of rear
admiral".
1980 - Subsec. (b). Pub. L. 96-513 struck out second sentence
relating to retired pay of an officer retired in the grade of rear
admiral, and inserted "or active-duty list" after "active list" in
third sentence.
1966 - Pub. L. 89-718 inserted reference to the Judge Advocate
General in section catchline, substituted "Judge Advocate General"
for "Chief of the Bureau of Naval Weapons", inserted "or the Judge
Advocate General" after "chief of bureau" in subsec. (a), and "or
the Judge Advocate General" after "chief of bureau" in subsec. (b).
1965 - Subsec. (b). Pub. L. 89-288 permitted an officer who is
serving or has served in the grade of vice admiral under section
5137(a) of this title, upon retirement, to be appointed by the
President, by and with the advice and consent of the Senate, to the
highest grade held by him while on the active list and with the
retired pay based on that grade.
1962 - Subsec. (a). Pub. L. 87-649 repealed provisions which
prescribed the pay and allowances of a chief of bureau and of the
Chief of the Bureau of Naval Weapons, in the Marine Corps. See
section 202 of Title 37, Pay and Allowances of the Uniformed
Services.
1959 - Pub. L. 86-174 substituted "Bureau of Naval Weapons" for
"Bureau of Aeronautics".

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1962 AMENDMENTS
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
15 of Pub. L. 87-649, set out as an Effective Date note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed
Services.

EFFECTIVE DATE OF 1959 AMENDMENT
For effective date of amendment by Pub. L. 86-174 see note set
out under section 5131 of this title.


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions of Offices of Bureau Chiefs, see note set
out under section 5111 of this title.

-End-



-CITE-
10 USC Sec. 5134 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5134. Repealed.

-MISC1-
[Sec. 5134. Repealed. Pub. L. 87-649, Sec. 14c(16), Sept. 7, 1962,
76 Stat. 501].
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 286, prescribed
pay of deputy chiefs of bureaus. See Title 37, Pay and Allowances
of the Uniformed Services.

EFFECTIVE DATE OF REPEAL
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title
37, Pay and Allowances of the Uniformed Services.

-End-



-CITE-
10 USC Sec. 5135 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5135. Bureau Chiefs: succession to duties

-STATUTE-
(a) When there is a vacancy in the office of chief of a bureau,
or during the absence or disability of the chief of a bureau, the
deputy chief of that bureau, unless otherwise directed by the
President, shall perform the duties of the chief until a successor
is appointed or the absence or disability ceases.
(b) When subsection (a) cannot be complied with because of the
absence or disability of the deputy chief of the bureau, the heads
of the major divisions of the bureau, in the order directed by the
Secretary of the Navy, shall perform the duties of the chief,
unless otherwise directed by the President.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 286.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5135(a) 5 U.S.C. 445 (less 1st 43 Aug. 29, 1916, ch. 417,
words). 39 Stat. 558 (3d par.,
45th through 95th words).
5 U.S.C. 446 (last 49 Mar. 3, 1893, ch. 212,
words). 27 Stat. 717 (1st par.,
last 53 words); May 13,
1942, ch. 303, Sec. 1,
56 Stat. 276.
5 U.S.C. 447 (25th May 4, 1898, ch. 234,
through 74th words). Sec. 1, 30 Stat. 373
(12th par., 41st through
92d words).
5 U.S.C. 448a. June 20, 1940, ch. 400,
Sec. 1(f), 54 Stat. 493.
5 U.S.C. 449 (last 51 July 26, 1894, ch. 165,
words). Sec. 1, 28 Stat. 132 (3d
par., last 56 words);
July 11, 1919, ch. 9, 41
Stat. 147 (1st proviso).
5 U.S.C. 452 (less 1st 35 July 12, 1921, ch. 44,
words). Sec. 8 (3d par., less
1st 35 words), 42 Stat.
140.
5135(b) 5 U.S.C. 432a (less Feb. 3, 1942, ch. 35,
applicability to JAG). Sec. 1 (less
applicability to JAG),
56 Stat. 47.
--------------------------------------------------------------------

In subsection (a) all the provisions covering succession in case
of the absence of the chiefs of the various bureaus are integrated
and uniformly stated.
That part of 5 U.S.C. 448a, enacted in the Act of June 20, 1940,
ch. 400, Sec. 1(f), 54 Stat. 493, relating to the succession by
heads of major divisions of the Bureau of Ships is superseded by
the Act of Feb. 3, 1942, ch. 35, Sec. 1 (5 U.S.C. 432a).


-TRANS-
TRANSFER OF FUNCTIONS
Transfer of functions of Offices of Bureau Chiefs, see note set
out under section 5111 of this title.

-End-



-CITE-
10 USC Sec. 5136 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5136. Repealed.

-MISC1-
[Sec. 5136. Repealed. Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73
Stat. 396].
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 286, related to
appointment, qualifications and term of Chief of Bureau of
Aeronautics, and authorized detail of an officer as Deputy Chief of
Bureau.

EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1960, or any earlier date on which the
Secretary of the Navy makes formal finding that all the functions
of the Bureau of Aeronautics and the Bureau of Ordnance have been
transferred to the Bureau of Naval Weapons or elsewhere, see note
set out under section 5131 of this title.

-End-



-CITE-
10 USC Sec. 5137 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5137. Bureau of Medicine and Surgery: Chief; Deputy Chief

-STATUTE-
(a) The Chief of the Bureau of Medicine and Surgery shall be
appointed by the President, by and with the advice and consent of
the Senate, for a term of four years, from officers on the active-
duty list of the Navy in any corps of the Navy Medical Department.
He has the title of Surgeon General. The Surgeon General, while so
serving has the grade of vice admiral.
(b) An officer on the active-duty list of the Navy who is
qualified to be the Chief of the Bureau of Medicine and Surgery may
be detailed as Deputy Chief of the Bureau of Medicine and Surgery.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 286; Pub. L. 89-288, Sec. 4,
Oct. 22, 1965, 79 Stat. 1050; Pub. L. 96-513, title V, Sec.
503(10), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 104-106, div. A,
title V, Sec. 506(b), Feb. 10, 1996, 110 Stat. 296.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5137(a) 5 U.S.C. 432. R.S. 421.
5 U.S.C. 438. R.S. 426.
5 U.S.C. 440 (less R.S. 1471 (less
applicability to applicability to
Paymaster General). Paymaster General); June
20, 1940, ch. 400, Sec.
1(a), 54 Stat. 492.
5137(b) 5 U.S.C. 451 (less last R.S. 1375 (less last 10
10 words). words); Feb. 27, 1877,
ch. 69, Sec. 1, 19 Stat.
244.
--------------------------------------------------------------------

In subsection (a) the words "from officers on the active list of
the Navy in the Medical Corps" are substituted for the words "from
the list of Surgeons of the Navy" to conform to present statutory
terminology, and the words "or from officers having the rank of
captain in the staff corps of the Navy" are omitted as obsolete in
view of the subsequent changes in staff corps grades and the
establishment of grades and ranks higher than captain in the staff
corps. R.S. 421 and 426 were derived from the Act of July 5, 1862,
ch. 134, 12 Stat. 510, and the Act of Mar. 3, 1871, ch. 117, Sec.
10, 16 Stat. 537. The Act of July 5, 1862, provided that the Chief
of the Bureau of Medicine and Surgery should be appointed from the
list of surgeons in the Navy. At that time the senior medical
officers were "surgeons" who "ranked with" commanders. Next junior
to them were "surgeons" who "ranked with" lieutenants. The rank of
lieutenant commander did not exist. The Act of Mar. 3, 1871,
established five grades in the Medical Corps of which two, medical
director and medical inspector, were higher than the grade of
surgeon. Medical directors were given the relative rank of captain,
medical inspectors the relative rank of commander, and surgeons the
relative rank of lieutenant commander or lieutenant. The 1871 Act
further provided that chiefs of bureaus might be appointed from
officers having the relative rank of captain in the staff corps.
This provision was probably intended to insure that the assignment
of new grades and titles to senior staff corps officers should not
be construed as a bar to their appointment as bureau chiefs.
However, it was interpreted by the Commissioners who drafted the
Revised Statutes as setting up a new category of officers from
which bureau chiefs could be appointed, and it was therefore
stated, in R.S. 421, as an alternative to each of the other
categories specified for the various Bureaus in the 1862 Act and
reenacted in R.S. 422-426. Thus the Chief of the Bureau of Medicine
and Surgery could be appointed from surgeons, who had the relative
rank of lieutenant commander or lieutenant in the Medical Corps, or
from officers having the relative rank of captain in the Medical
Corps, Pay Corps, or Engineer Corps. Section 405 of the Officer
Personnel Act of 1947 (34 U.S.C. 10a) abolished the grade of
surgeon and other staff corps grades and replaced them with grades
having the same titles as the grades and ranks in the line.
Officers who were "surgeons" are now "lieutenant commanders and
lieutenants in the Medical Corps." If this literal translation is
made in R.S. 426 and the eligibility of all staff corps captains,
as stated in R.S. 421, is retained, an absurd result is reached;
i.e., lieutenants, lieutenant commanders, and captains in the
Medical Corps are eligible for appointment as Chief of the Bureau
of Medicine and Surgery; but commanders and rear admirals in that
corps are ineligible; captains, but not rear admirals, in other
staff corps are eligible by virtue of their rank alone, regardless
of their lack of training in medicine. It appears, therefore, that
the only reasonable meaning that can be given to R.S. 421 and 426
at the present time is that the Chief of the Bureau of Medicine and
Surgery must be an officer of the Medical Corps.
In subsection (b) the words "Deputy Chief of the Bureau" are
substituted for the words "assistant to the Bureau" for uniformity.
The words "An officer on the active list of the Navy in the Medical
Corps" are substituted for the words "A surgeon, assistant surgeon,
or passed assistant surgeon" to conform to present statutory
terminology and to describe clearly the class of officers eligible
for detail under this subsection. When the source statute was
enacted there was no class of officers exactly corresponding to
officers of the present Naval Reserve, and retired officers could
be called to active duty only in time of war, so that the detailing
of an officer not on the active list as assistant to the bureau
chief was probably not contemplated. Further, since the assistant
or deputy must at times perform the duties of the chief, it is
reasonable to assume that he was intended to be in the same
category of officers. Later statutes relating to the Assistant
Chiefs of the Bureau of Aeronautics and the Bureau of Ships,
enacted at a time when there were Reserve officers and when retired
officers could be called to duty at any time with their consent,
specify that the assistant chiefs shall be officers on the active
list.

AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-106, Sec. 506(b)(1), substituted
"in any corps of the Navy Medical Department" for "in the Medical
Corps".
Subsec. (b). Pub. L. 104-106, Sec. 506(b)(2), substituted "who is
qualified to be the Chief of the Bureau of Medicine and Surgery"
for "in the Medical Corps".
1980 - Pub. L. 96-513 substituted "active-duty list" for "active
list" wherever appearing.
1965 - Subsec. (a). Pub. L. 89-288 provided the Surgeon General,
while so serving, with the grade of vice admiral.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

-End-



-CITE-
10 USC Sec. 5138 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5138. Bureau of Medicine and Surgery: Dental Corps; Chief;
functions

-STATUTE-
(a) An officer of the Dental Corps not below the grade of rear
admiral (lower half) shall be detailed as Chief of the Dental
Corps.
(b) The Chief of the Dental Corps is entitled to the same
privileges of retirement as provided for chiefs of bureaus in
section 5133 of this title.
(c) The dental functions of the Bureau of Medicine and Surgery
shall be defined and prescribed by Bureau directives, and if
necessary by regulations of the Secretary of the Navy, so that all
such functions are under the direction of the Dental Corps. All
matters relating to dentistry shall be referred to the Chief of the
Dental Corps.
(d) The Chief of the Dental Corps shall -
(1) establish professional standards and policies for dental
practice;
(2) initiate and recommend action pertaining to complements,
strength, appointments, advancement, training assignment, and
transfer of dental personnel; and
(3) serve as the advisor for the Bureau on all matters relating
directly to dentistry.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 286; Pub. L. 87-649, Sec.
14c(17), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96-513, title III,
Sec. 342, Dec. 12, 1980, 94 Stat. 2901; Pub. L. 97-86, title IV,
Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title
V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 109-364,
div. A, title V, Sec. 593(a)-(d)(1), Oct. 17, 2006, 120 Stat.
2234.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5138 5 U.S.C. 456b. Dec. 28, 1945, ch. 604,
Sec. 2, 59 Stat. 666.
5 U.S.C. 456c. Dec. 28, 1945, ch. 604,
Sec. 3, 59 Stat. 666;
Aug. 7, 1947, ch. 512,
Sec. 427, 61 Stat. 880;
Oct. 18, 1951, ch. 513,
65 Stat. 450.
--------------------------------------------------------------------


AMENDMENTS
2006 - Pub. L. 109-364, Sec. 593(d)(1), substituted "Dental
Corps" for "Dental Division" in section catchline.
Subsec. (a). Pub. L. 109-364, Sec. 593(a)(1), substituted "Chief
of the Dental Corps" for "Chief of the Dental Division" and struck
out first sentence which read as follows: "There is a Dental
Division in the Bureau of Medicine and Surgery."
Subsec. (b). Pub. L. 109-364, Sec. 593(a)(2), substituted "Dental
Corps" for "Dental Division".
Subsec. (c). Pub. L. 109-364, Sec. 593(c), substituted "shall be
defined" for "shall be so defined" and "so that all such functions
are" for "that all such functions will be".
Pub. L. 109-364, Sec. 593(a)(3), substituted "Dental Corps" for
"Dental Division" in first sentence and "the Chief of the Dental
Corps" for "that Division" in second sentence.
Subsec. (d). Pub. L. 109-364, Sec. 593(b), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "The
Dental Division shall -
"(1) establish professional standards and policies for dental
practice;
"(2) conduct inspections and surveys for maintenance of such
standards;
"(3) initiate and recommend action pertaining to complements,
appointments, advancement, training assignment, and transfer of
dental personnel; and
"(4) serve as the advisory agency for the Bureau on all matters
relating directly to dentistry."
1985 - Subsec. (a). Pub. L. 99-145 substituted "rear admiral
(lower half)" for "commodore".
1981 - Subsec. (a). Pub. L. 97-86 substituted "commodore" for
"commodore admiral".
1980 - Subsec. (a). Pub. L. 96-513 substituted "not below the
grade of commodore admiral" for "in the grade of rear admiral".
1962 - Subsec. (b). Pub. L. 87-649 struck out "pay, allowances,
and" after "entitled to the same". See Title 37, Pay and Allowances
of the Uniformed Services.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
15 of Pub. L. 87-649, set out as an Effective Date note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed
Services.

-End-



-CITE-
10 USC Sec. 5139 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5139. Appointment of chiropractors in the Medical Service
Corps

-STATUTE-
Chiropractors who are qualified under regulations prescribed by
the Secretary of the Navy may be appointed as commissioned officers
in the Medical Service Corps of the Navy.

-SOURCE-
(Added Pub. L. 102-484, div. A, title V, Sec. 505(b)(1), Oct. 23,
1992, 106 Stat. 2404.)


-MISC1-
PRIOR PROVISIONS
A prior section 5139, acts Aug. 10, 1956, ch. 1041, 70A Stat.
287; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(1), 76 Stat. 494,
established position of Chief of Medical Service Corps within
Bureau of Medicine and Surgery, prior to repeal by Pub. L. 96-513,
title III, Sec. 352(a), title VII, Sec. 701, Dec. 12, 1980, 94
Stat. 2902, 2955, eff. Sept. 15, 1981.

REGULATIONS
Regulations required to be prescribed by amendment made by
section 505 of Pub. L. 102-484 to be prescribed not later than 180
days after Oct. 23, 1992, see section 505(d) of Pub. L. 102-484,
set out as a note under section 3070 of this title.

-End-



-CITE-
10 USC Sec. 5140 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5140. Repealed.

-MISC1-
[Sec. 5140. Repealed. Pub. L. 96-513, title III, Sec. 352(a), Dec.
12, 1980, 94 Stat. 2902].
Section, acts Aug. 10 1956, ch. 1041, 70A Stat. 287; Aug. 21,
1957, Pub. L. 85-155, title II, Sec. 201(23), 71 Stat. 385; Sept.
7, 1962, Pub. L. 87-649, Sec. 6(c)(2), 76 Stat. 494; Sept. 30,
1966, Pub. L. 89-609, Sec. 1(6), 80 Stat. 853; Nov. 8, 1967, Pub.
L. 90-130, Sec. 1(14)(A), 81 Stat. 376, established position of
Director of Nurse Corps within Bureau of Medicine and Surgery.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-



-CITE-
10 USC Sec. 5141 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5141. Bureau of Naval Personnel: Chief of Naval Personnel;
Deputy Chief of Naval Personnel

-STATUTE-
(a) The Chief of the Bureau of Naval Personnel shall be known as
the Chief of Naval Personnel. The Chief of Naval Personnel shall be
appointed by the President, by and with the advice and consent of
the Senate, for a term of four years, from officers on the active-
duty list in the line of the Navy not below the grade of
commander.
(b) The Deputy Chief of the Bureau of Naval Personnel shall be
known as the Deputy Chief of Naval Personnel. An officer on the
active-duty list in the line of the Navy not below the grade of
commander may be detailed as Deputy Chief of Naval Personnel.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 287; Pub. L. 96-513, title V,
Sec. 503(11), Dec. 12, 1980, 94 Stat. 2912.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5141(a) 5 U.S.C. 432. R.S. 421.
5 U.S.C. 434 (less R.S. 422 (less
applicability to Chief of applicability to Chief
BuOrd). of BuOrd, Bureau of
Equipment and
Recruiting, and
BuDocks); May 13, 1942,
ch. 303, Sec. 1, 56
Stat. 276.
5141(b) 5 U.S.C. 446 (less last Mar. 3, 1893, ch. 212
49 words). (1st par., less last 53
words), 27 Stat. 717;
May 13, 1942, ch. 303,
Sec. 1, 56 Stat. 276.
--------------------------------------------------------------------

In subsection (a) the words "from officers on the active list in
the line of the Navy" are substituted for the words "from the list
of officers of the Navy" to conform to current terminology. Line
officers alone had the "grade" of commander when the source statute
was enacted. The words "or from officers having the rank of captain
in the staff corps of the Navy" are omitted as obsolete in view of
subsequent changes in the staff corps and in the staff corps ranks
and grades. These words were derived from the Act of Mar. 3, 1871,
ch. 117, Sec. 10, 16 Stat. 537, which established new staff corps
grades and assigned to officers in the highest grade the relative
rank of captain. They were probably intended merely to assure the
eligibility of senior staff corps officers for appointment as
chiefs of appropriate staff bureaus. However, as incorporated in
R.S. 421, they provide a category of eligible officers which is an
alternative to each of the categories listed in R.S. 422-426. Thus
R.S. 421 and R.S. 422, as originally enacted, provided that the
chiefs of the four "line" bureaus, Yards and Docks, Navigation,
Ordnance, and Equipment and Recruiting, could be appointed from
line officers not below the grade of commander or from officers
having the relative rank of captain in any staff corps. Pursuant to
these sections the Attorney General held in 1898 that an officer
having the relative rank of captain in the Civil Engineer Corps
could legally be appointed as Chief of the Bureau of Yards and
Docks (22 Op. Atty. Gen. 47, 17 Mar. 1898). There is some confusion
in the opinion as to which corps was meant. The proposed appointee
was a member of the Civil Engineer Corps, but the Corps of
Engineers is the corps mentioned in the conclusion of the opinion.
A provision in the Act of June 29, 1906, ch. 3590, 34 Stat. 564,
requires that the Chief of the Bureau of Yards and Docks be
selected from officers of the Civil Engineer Corps, so that there
is no longer any question as to that bureau. The Bureau of
Equipment and Recruiting has been abolished, leaving only the
Bureau of Naval Personnel (formerly Navigation) and the Bureau of
Ordnance of the four "line" bureaus originally listed in R.S. 422.
The statutes establishing new "line" bureaus, the Bureau of Ships
and the Bureau of Aeronautics, contain their own requirements as to
the qualifications of the chiefs. The abolition of the Corps of
Engineers and the Construction Corps, with the transfer of officers
in those corps to the line, has eliminated the only staff corps
whose members had duties closely related to those of line officers.
The present staff corps, with the possible exception of the Supply
Corps, are all highly specialized. Furthermore, in five of the
seven corps, captain is no longer the highest grade. In view of
these facts it is considered that the provision of R.S. 421 making
staff corps captains eligible for appointment as Chief of the
Bureaus of Naval Personnel and Ordnance is obsolete.
In subsection (b) the words "An officer on the active list in the
line of the Navy not below the grade of commander" are substituted
for the words "An officer of the Navy not below the rank of
commander" to conform to current terminology and for clarity. When
the source statute was enacted only line officers had the actual
rank of commander. The words "on the active list" are inserted for
the reasons stated in the revision note on Sec. 5137(b) of this
title. The words "Deputy Chief" are substituted for the words
"assistant to the Chief" for the reason stated in the revision note
on Sec. 5134 of this title.

AMENDMENTS
1980 - Pub. L. 96-513 substituted "active-duty list" for "active
list" wherever appearing.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

-End-



-CITE-
10 USC Sec. 5142 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5142. Chaplain Corps and Chief of Chaplains

-STATUTE-
(a) The Chaplain Corps is a staff corps of the Navy and shall be
organized in accordance with regulations prescribed by the
Secretary of the Navy.
(b) There is in the executive part of the Department of the Navy
the office of the Chief of Chaplains of the Navy. The Chief of
Chaplains shall be appointed by the President, by and with the
advice and consent of the Senate, from officers of the Chaplain
Corps in the grade of commander or above who are serving on active
duty and who have served on active duty in the Chaplain Corps for
at least eight years.
(c) An officer appointed as the Chief of Chaplains shall be
appointed for a term of four years. However, the President may
terminate or extend the appointment at any time.
(d)(1) The Chief of Chaplains shall perform such duties as may be
prescribed by the Secretary of the Navy and by law.
(2) The Chief of Chaplains shall, with respect to all duties
pertaining to the procurement, distribution, and support of
personnel of the Chaplain Corps, report to and be supported by the
Chief of Naval Personnel.
(e) The Chief of Chaplains of the Navy is entitled to the same
rank and privileges of retirement as provided for chiefs of bureaus
in section 5133 of this title.

-SOURCE-
(Added Pub. L. 96-343, Sec. 11(a), Sept. 8, 1980, 94 Stat. 1130;
amended Pub. L. 105-85, div. A, title V, Sec. 504(c)(1), Nov. 18,
1997, 111 Stat. 1725.)


-MISC1-
PRIOR PROVISIONS
A prior section 5142, acts Aug. 10, 1956, ch. 1041, 70A Stat.
288; Sept. 7, 1962, Pub. L. 87-649, Sec. 14c(18), 76 Stat. 501,
provided for a Chief of Chaplains in Bureau of Naval Personnel,
detailed by Chief of Naval Personnel from officers on active list
of the Navy in Chaplains Corps not below grade of rear admiral,
prior to repeal by Pub. L. 96-343, Sec. 11(a).

AMENDMENTS
1997 - Subsec. (b). Pub. L. 105-85 struck out ", who are not on
the retired list," after "serving on active duty".

-End-



-CITE-
10 USC Sec. 5142a 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5142a. Deputy Chief of Chaplains

-STATUTE-
The Secretary of the Navy may detail as the Deputy Chief of
Chaplains an officer of the Chaplain Corps in the grade of
commander or above who is on active duty and who has served on
active duty in the Chaplain Corps for at least eight years.

-SOURCE-
(Added Pub. L. 96-343, Sec. 11(a), Sept. 8, 1980, 94 Stat. 1130;
amended Pub. L. 105-85, div. A, title V, Sec. 504(c)(2), Nov. 18,
1997, 111 Stat. 1725.)


-MISC1-
AMENDMENTS
1997 - Pub. L. 105-85 struck out ", who is not on the retired
list," after "who is on active duty".

-End-



-CITE-
10 USC Sec. 5143 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5143. Office of Navy Reserve: appointment of Chief

-STATUTE-
(a) Establishment of Office: Chief of Navy Reserve. - There is in
the executive part of the Department of the Navy, on the staff of
the Chief of Naval Operations, an Office of the Navy Reserve, which
is headed by a Chief of Navy Reserve. The Chief of Navy Reserve -
(1) is the principal adviser on Navy Reserve matters to the
Chief of Naval Operations; and
(2) is the commander of the Navy Reserve Force.

(b) Appointment. - (1) The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Navy Reserve from
flag officers of the Navy (as defined in section 5001(1)) who have
had at least 10 years of commissioned service.
(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Chief of Navy Reserve unless the
officer -
(A) is recommended by the Secretary of the Navy; and
(B) is determined by the Chairman of the Joint Chiefs of Staff,
in accordance with criteria and as a result of a process
established by the Chairman, to have significant joint duty
experience.

(3) An officer on active duty for service as the Chief of Navy
Reserve shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title.
(4) Until December 31, 2006, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment
of an officer as Chief of Navy Reserve if the Secretary of the Navy
requests the waiver and, in the judgment of the Secretary of
Defense -
(A) the officer is qualified for service in the position; and
(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.
(c) Term; Reappointment; Grade. - (1) The Chief of Navy Reserve
is appointed for a term determined by the Chief of Naval
Operations, normally four years, but may be removed for cause at
any time. An officer serving as Chief of Navy Reserve may be
reappointed for one additional term of up to four years.
(2) The Chief of Navy Reserve, while so serving, holds the grade
of vice admiral.
(d) Budget. - The Chief of Navy Reserve is the official within
the executive part of the Department of the Navy who, subject to
the authority, direction, and control of the Secretary of the Navy
and the Chief of Naval Operations, is responsible for preparation,
justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Navy Reserve. As
such, the Chief of Navy Reserve is the director and functional
manager of appropriations made for the Navy Reserve in those areas.
(e) Annual Report. - (1) The Chief of Navy Reserve shall submit
to the Secretary of Defense, through the Secretary of the Navy, an
annual report on the state of the Navy Reserve and the ability of
the Navy Reserve to meet its missions. The report shall be prepared
in conjunction with the Chief of Naval Operations and may be
submitted in classified and unclassified versions.
(2) The Secretary of Defense shall transmit the annual report of
the Chief of Navy Reserve under paragraph (1) to Congress, together
with such comments on the report as the Secretary considers
appropriate. The report shall be transmitted at the same time each
year that the annual report of the Secretary under section 113 of
this title is submitted to Congress.

-SOURCE-
(Added Pub. L. 104-201, div. A, title XII, Sec. 1212(b)(1), Sept.
23, 1996, 110 Stat. 2691; amended Pub. L. 106-65, div. A, title V,
Sec. 554(c), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1
[[div. A], title V, Sec. 507(b), title X, Sec. 1087(a)(18)], Oct.
30, 2000, 114 Stat. 1654, 1654A-103, 1654A-291; Pub. L. 107-314,
div. A, title V, Sec. 501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L.
108-375, div. A, title V, Sec. 536(a), Oct. 28, 2004, 118 Stat.
1901; Pub. L. 109-163, div. A, title V, Sec. 515(b)(1)(F), (2),
(3)(A), Jan. 6, 2006, 119 Stat. 3233, 3234.)


-MISC1-
PRIOR PROVISIONS
A prior section 5143, acts Aug. 10, 1956, ch. 1041, 70A Stat.
288; Sept. 7, 1962, Pub. L. 87-649, Sec. 6(c)(3), 76 Stat. 494;
Nov. 8, 1967, Pub. L. 90-130, Sec. 14(B), (C), 81 Stat. 376,
established in Bureau of Naval Personnel the position of Assistant
Chief of Naval Personnel for Women, prior to repeal by Pub. L. 96-
513, title III, Sec. 344(a), title VII, Sec. 701, Dec. 12, 1980,
94 Stat. 2901, 2955, effective Sept. 15, 1981.

AMENDMENTS
2006 - Pub. L. 109-163, Sec. 515(b)(3)(A), substituted "Navy
Reserve" for "Naval Reserve" in section catchline.
Pub. L. 109-163, Sec. 515(b)(1)(F), substituted "Navy Reserve"
for "Naval Reserve" wherever appearing in text.
Subsec. (a). Pub. L. 109-163, Sec. 515(b)(2), substituted "Navy
Reserve" for "Naval Reserve" in heading.
2004 - Subsec. (b)(4). Pub. L. 108-375 substituted "December 31,
2006" for "December 31, 2004".
2002 - Subsec. (b)(4). Pub. L. 107-314 substituted "December 31,
2004" for "October 1, 2003" in introductory provisions.
2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 507(b)], amended heading and text of subsec. (b) generally.
Prior to amendment, text read as follows: "The President, by and
with the advice and consent of the Senate, shall appoint the Chief
of Naval Reserve from officers who -
"(1) have had at least 10 years of commissioned service;
"(2) are in a grade above captain; and
"(3) have been recommended by the Secretary of the Navy."
Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
507(b)], amended heading and text of subsec. (c) generally. Prior
to amendment, subsec. (c) read as follows:
"(c) Grade. - (1) The Chief of Naval Reserve holds office for a
term determined by the Chief of Naval Operations, normally four
years, but may be removed for cause at any time. He is eligible to
succeed himself.
"(2) The Chief of Naval Reserve, while so serving, has the grade
of rear admiral, without vacating the officer's permanent grade.
However, if selected in accordance with section 12505 of this
title, he may be appointed in the grade of vice admiral."
Subsec. (c)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1087(a)(18)], substituted "has the grade of" for "has a grade".
1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "rear admiral"
for "above rear admiral (lower half)" and inserted at end "However,
if selected in accordance with section 12505 of this title, he may
be appointed in the grade of vice admiral."

EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS
Amendment by Pub. L. 106-65 effective 60 days after Oct. 5, 1999,
with special provision for an officer who is a covered position
incumbent who is appointed under that amendment to the grade of
lieutenant general or vice admiral, see section 554(g), (h) of Pub.
L. 106-65, set out as a note under section 3038 of this title.

-End-



-CITE-
10 USC Sec. 5144 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5144. Office of Marine Forces Reserve: appointment of
Commander

-STATUTE-
(a) Establishment of Office; Commander, Marine Forces Reserve. -
There is in the executive part of the Department of the Navy an
Office of the Marine Forces Reserve, which is headed by the
Commander, Marine Forces Reserve. The Commander, Marine Forces
Reserve, is the principal adviser to the Commandant on Marine
Forces Reserve matters.
(b) Appointment. - (1) The President, by and with the advice and
consent of the Senate, shall appoint the Commander, Marine Forces
Reserve, from general officers of the Marine Corps (as defined in
section 5001(2)) who have had at least 10 years of commissioned
service.
(2) The Secretary of Defense may not recommend an officer to the
President for appointment as Commander, Marine Forces Reserve,
unless the officer -
(A) is recommended by the Secretary of the Navy; and
(B) is determined by the Chairman of the Joint Chiefs of Staff,
in accordance with criteria and as a result of a process
established by the Chairman, to have significant joint duty
experience.

(3) An officer on active duty for service as the Commander,
Marine Forces Reserve, shall be counted for purposes of the grade
limitations under sections 525 and 526 of this title.
(4) Until December 31, 2006, the Secretary of Defense may waive
subparagraph (B) of paragraph (2) with respect to the appointment
of an officer as Commander, Marine Forces Reserve, if the Secretary
of the Navy requests the waiver and, in the judgment of the
Secretary of Defense -
(A) the officer is qualified for service in the position; and
(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.
(c) Term; Reappointment; Grade. - (1) The Commander, Marine
Forces Reserve, is appointed for a term determined by the
Commandant of the Marine Corps, normally four years, but may be
removed for cause at any time. An officer serving as Commander,
Marine Forces Reserve, may be reappointed for one additional term
of up to four years.
(2) The Commander, Marine Forces Reserve, while so serving, holds
the grade of lieutenant general.
(d) Annual Report. - (1) The Commander, Marine Forces Reserve,
shall submit to the Secretary of Defense, through the Secretary of
the Navy, an annual report on the state of the Marine Corps Reserve
and the ability of the Marine Corps Reserve to meet its missions.
The report shall be prepared in conjunction with the Commandant of
the Marine Corps and may be submitted in classified and
unclassified versions.
(2) The Secretary of Defense shall transmit the annual report of
the Commander, Marine Forces Reserve, under paragraph (1) to
Congress, together with such comments on the report as the
Secretary considers appropriate. The report shall be transmitted at
the same time each year that the annual report of the Secretary
under section 113 of this title is submitted to Congress.

-SOURCE-
(Added Pub. L. 104-201, div. A, title XII, Sec. 1212(c)(1), Sept.
23, 1996, 110 Stat. 2692; amended Pub. L. 106-65, div. A, title V,
Sec. 554(d), Oct. 5, 1999, 113 Stat. 617; Pub. L. 106-398, Sec. 1
[[div. A], title V, Sec. 507(c), title X, Sec. 1087(a)(19)], Oct.
30, 2000, 114 Stat. 1654, 1654A-103, 1654A-291; Pub. L. 107-314,
div. A, title V, Sec. 501(a), Dec. 2, 2002, 116 Stat. 2529; Pub. L.
108-375, div. A, title V, Sec. 536(a), Oct. 28, 2004, 118 Stat.
1901.)


-MISC1-
PRIOR PROVISIONS
A prior section 5144, act Aug. 10, 1956, ch. 1041, 70A Stat. 289,
related to appointment and term of Chief of Bureau of Ordnance, and
authorized detail of an officer as Deputy Chief of Bureau, prior to
repeal by Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73 Stat. 396,
effective July 1, 1960, or any earlier date on which the Secretary
of the Navy made a formal finding that all the functions of the
Bureau of Aeronautics and the Bureau of Ordnance had been
transferred to the Bureau of Naval Weapons or elsewhere.

AMENDMENTS
2004 - Subsec. (b)(4). Pub. L. 108-375 substituted "December 31,
2006" for "December 31, 2004".
2002 - Subsec. (b)(4). Pub. L. 107-314 substituted "December 31,
2004" for "October 1, 2003".
2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 507(c)], amended heading and text of subsec. (b) generally.
Prior to amendment, text read as follows: "The President, by and
with the advice and consent of the Senate, shall appoint the
Commander, Marine Forces Reserve, from officers of the Marine Corps
who -
"(1) have had at least 10 years of commissioned service;
"(2) are in a grade above colonel; and
"(3) have been recommended by the Secretary of the Navy."
Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec.
507(c)], amended heading and text of subsec. (c) generally. Prior
to amendment, subsec. (c) read as follows:
"(c) Term of Office; Grade. - (1) The Commander, Marine Forces
Reserve, holds office for a term determined by the Commandant of
the Marine Corps, normally four years, but may be removed for cause
at any time. He is eligible to succeed himself.
"(2) The Commander, Marine Forces Reserve, while so serving, has
the grade of major general, without vacating the officer's
permanent grade. However, if selected in accordance with section
12505 of this title, he may be appointed in the grade of lieutenant
general."
Subsec. (c)(2). Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1087(a)(19)], substituted "has the grade of" for "has a grade".
1999 - Subsec. (c)(2). Pub. L. 106-65 substituted "major general"
for "above brigadier general" and inserted at end "However, if
selected in accordance with section 12505 of this title, he may be
appointed in the grade of lieutenant general."

EFFECTIVE DATE OF 1999 AMENDMENT; APPLICABILITY TO INCUMBENTS
Amendment by Pub. L. 106-65 effective 60 days after Oct. 5, 1999,
with special provision for an officer who is a covered position
incumbent who is appointed under that amendment to the grade of
lieutenant general or vice admiral, see section 554(g), (h) of Pub.
L. 106-65, set out as a note under section 3038 of this title.

-End-



-CITE-
10 USC Secs. 5145 to 5147 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Secs. 5145 to 5147. Repealed.

-MISC1-
[Secs. 5145 to 5147. Repealed. Pub. L. 89-718, Sec. 35(5), Nov. 2,
1966, 80 Stat. 1120].
Section 5145, acts Aug. 10, 1956, ch. 1041, 70A Stat. 289; May
13, 1960, Pub. L. 86-454, 74 Stat. 103; Sept. 7, 1962, Pub. L. 87-
649, Sec. 14(c)(19), 76 Stat. 501, provided for appointment of
Chief of Bureau of Ships, detailing and rank of Deputy Chief, and
detailing of heads of major divisions of Bureau of Ships.
Section 5146, act Aug. 10, 1956, ch. 1041, 70A Stat. 289,
provided for appointment of Chief of Bureau of Supplies and
Accounts and detailing of Deputy Chief.
Section 5147, act Aug. 10, 1956, ch. 1041, 70A Stat. 289,
provided for appointment of Chief of Bureau of Yards and Docks and
detailing of Deputy Chief.

-End-



-CITE-
10 USC Sec. 5148 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5148. Judge Advocate General's Corps: Office of the Judge
Advocate General; Judge Advocate General; appointment, term,
emoluments, duties

-STATUTE-
(a) The Judge Advocate General's Corps is a Staff Corps of the
Navy, and shall be organized in accordance with regulations
prescribed by the Secretary of the Navy.
(b) There is in the executive part of the Department of the Navy
the Office of the Judge Advocate General of the Navy. The Judge
Advocate General shall be appointed by the President, by and with
the advice and consent of the Senate, for a term of four years. He
shall be appointed from judge advocates of the Navy or the Marine
Corps who are members of the bar of a Federal court or the highest
court of a State and who have had at least eight years of
experience in legal duties as commissioned officers. The Judge
Advocate General, while so serving, shall hold a grade not lower
than rear admiral or major general, as appropriate.
(c) Under regulations prescribed by the Secretary of Defense, the
Secretary of the Navy, in selecting an officer for recommendation
to the President for appointment as the Judge Advocate General,
shall ensure that the officer selected is recommended by a board of
officers that, insofar as practicable, is subject to the procedures
applicable to selection boards convened under chapter 36 of this
title.
(d) The Judge Advocate General of the Navy, under the direction
of the Secretary of the Navy, shall -
(1) perform duties relating to legal matters arising in the
Department of the Navy as may be assigned to him;
(2) perform the functions and duties and exercise the powers
prescribed for the Judge Advocate General in chapter 47 of this
title;
(3) receive, revise, and have recorded the proceedings of
boards for the examination of officers of the naval service for
promotion and retirement; and
(4) perform such other duties as may be assigned to him.

(e) No officer or employee of the Department of Defense may
interfere with -
(1) the ability of the Judge Advocate General to give
independent legal advice to the Secretary of the Navy or the
Chief of Naval Operations; or
(2) the ability of judge advocates of the Navy assigned or
attached to, or performing duty with, military units to give
independent legal advice to commanders.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 289; Pub. L. 87-649, Sec.
14c(20), Sept. 7, 1962, 76 Stat. 501; Pub. L. 90-179, Sec. 2(1),
Dec. 8, 1967, 81 Stat. 546; Pub. L. 96-513, title III, Sec. 343,
Dec. 12, 1980, 94 Stat. 2901; Pub. L. 103-337, div. A, title V,
Sec. 504(b)(1), Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108-375, div.
A, title V, Sec. 574(b)(1), Oct. 28, 2004, 118 Stat. 1922; Pub. L.
109-163, div. A, title V, Sec. 508(b), title X, Sec. 1057(a)(2),
Jan. 6, 2006, 119 Stat. 3229, 3440.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5148 5 U.S.C. 428. June 8, 1880, ch. 129,
21 Stat. 164; June 5,
1896, ch. 331, 29 Stat.
251.
50 U.S.C. 741 (as May 5, 1950, ch. 169,
applicable to Navy JAG). Sec. 13 (as applicable
to Navy JAG), 64 Stat.
147.
5 U.S.C. 441 (as July 1, 1918, ch. 114,
applicable to JAG). 40 Stat. 717 (1st
sentence on p. 717, as
applicable to JAG).
5 U.S.C. 425a (as June 22, 1938, ch. 567
applicable to JAG). (as applicable to JAG),
52 Stat. 839.
--------------------------------------------------------------------

In subsection (b) the rank, pay, allowances, and privileges of
retirement of chiefs of bureaus of the Navy are incorporated. 5
U.S.C. 441 apparently relates the Judge Advocate General of the
Navy to the Judge Advocate General of the Army, as well as to
bureau chiefs. However, since the creation of the Department of the
Air Force by the National Security Act of 1947, if the
incorporation to the Army provision is retained, the saving
provisions in the act require an incorporation also to the rank,
etc., of the Judge Advocate General of the Air Force. The rank of
the Judge Advocate General of each of the other departments is now
specified in organizational law to be major general. Since it is
possible that these ranks may at some future time not be the same,
incorporation by reference to them is no longer appropriate.
Instead, the section relates the Judge Advocate General's rank,
pay, allowances, and privileges of retirement to those of bureau
chiefs as does 5 U.S.C. 441, in part.
In subsection (c), clauses (1) and (4) are substituted for the
words "and perform such other duties as have heretofore been
performed by the Solicitor and Naval Judge Advocate General" to
describe the duties of the Judge Advocate General directly instead
of by reference to the duties performed by an officer whose office
was abolished more than 75 years ago.
Subsection (c)(2) is substituted for the reference, in 5 U.S.C.
428, to courts-martial and courts of inquiry, since the Uniform
Code of Military Justice has superseded prior law as to the duties
of the Judge Advocates General relating to these courts.

AMENDMENTS
2006 - Subsec. (b). Pub. L. 109-163, Sec. 1057(a)(2), struck out
"or Territory" after "highest court of a State".
Pub. L. 109-163, Sec. 508(b), substituted "The Judge Advocate
General, while so serving, shall hold a grade not lower than rear
admiral or major general, as appropriate." for "If an officer
appointed as the Judge Advocate General holds a lower regular
grade, the officer shall be appointed in the regular grade of rear
admiral or major general, as appropriate."
2004 - Subsec. (e). Pub. L. 108-375 added subsec. (e).
1994 - Subsec. (b). Pub. L. 103-337, Sec. 504(b)(1)(A), added
last sentence and struck out former last sentence which read as
follows: "While so serving, the Judge Advocate General of the Navy
shall be entitled to the rank and grade of rear admiral or major
general, as appropriate, unless entitled to a higher rank and grade
under another provision of law."
Subsec. (c). Pub. L. 103-337, Sec. 504(b)(1)(B), added subsec.
(c) and struck out former subsec. (c) which read as follows: "The
Judge Advocate General of the Navy is entitled to the same rank and
privileges of retirement as provided for chiefs of bureaus in
section 5133 of this title."
1980 - Subsec. (b). Pub. L. 96-513 inserted provision entitling
Judge Advocate General of Navy to rank and grade of rear admiral or
major general, as appropriate.
1967 - Pub. L. 90-179, Sec. 2(1)(A), inserted reference to Judge
Advocate General's Corps in section catchline.
Subsecs. (a) to (d). Pub. L. 90-179, Sec. 2(1)(B), (C), added
subsec. (a), redesignated existing subsecs. (a) to (c) as (b) to
(d), respectively, and in subsec. (b) as so redesignated
substituted "judge advocates" for "officers".
1962 - Subsec. (b). Pub. L. 87-649 struck out ", pay,
allowances," after "same rank". See Title 37, Pay and Allowances of
the Uniformed Services.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
15 of Pub. L. 87-649, set out as an Effective Date note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed
Services.

REDESIGNATION OF NAVY LAW SPECIALISTS AS JUDGE ADVOCATES
Pub. L. 90-179, Sec. 8, Dec. 8, 1967, 81 Stat. 549, provided
that:
"(a) In this section 'law specialist' means a line officer on the
active or retired list of the Regular Navy or of the Naval Reserve
designated for special duty (law) or a line officer of the Naval
Reserve [now Navy Reserve] assigned a numerical designator
indicating a special duty officer (law).
"(b) All law specialists in the Navy are redesignated as judge
advocates in the Judge Advocate General's Corps of the Navy. Each
law specialist of the Navy who is on a promotion list on the day
before the effective date of this Act [Dec. 8, 1967] shall be
placed on the appropriate promotion list for the Judge Advocate
General's Corps and shall be eligible for promotion when the
officer who is to be his running mate in the next higher grade
becomes eligible for promotion in that grade."

SAVINGS PROVISION
Section 10 of Pub. L. 90-179 provided that: "This Act [enacting
sections 5578a and 5587a of this title, amending this section,
sections 801, 806, 815, 827, 865, 936, 5149, 5404, 5508, 5581,
5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897 and 6378 of
this title, and section 202 of Title 37, and enacting provisions
set out as notes under this section and section 5149 of this title]
does not affect rights accrued, duties matured, or proceedings
commenced before its effective date. Redesignation of an officer
under section 8(b) of this Act [set out as a note under this
section] shall not operate to change the computation of his service
for any purpose."

WOMEN OFFICERS IN JUDGE ADVOCATE GENERAL'S CORPS OF NAVY
Pub. L. 90-179, Sec. 11, Dec. 8, 1967, 81 Stat. 549, provided
that all provisions of law applicable to male officers in the Navy
Judge Advocate General's Corps, including Naval Reserve, were
applicable to women Corps officers, prior to repeal by Pub. L. 97-
295, Sec. 6(b), Oct. 12, 1982, 96 Stat. 1314.

-End-



-CITE-
10 USC Sec. 5149 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5149. Office of the Judge Advocate General: Deputy Judge
Advocate General; Assistant Judge Advocates General

-STATUTE-
(a)(1) There is a Deputy Judge Advocate General of the Navy who
is appointed by the President, by and with the advice and consent
of the Senate, from among judge advocates of the Navy and Marine
Corps who have the qualifications prescribed for the Judge Advocate
General. If an officer appointed as the Deputy Judge Advocate
General holds a lower regular grade, the officer shall be appointed
in the regular grade of rear admiral or major general, as
appropriate.
(2) Under regulations prescribed by the Secretary of Defense, the
Secretary of the Navy, in selecting an officer for recommendation
to the President for appointment as the Deputy Judge Advocate
General, shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to the
procedures applicable to selection boards convened under chapter 36
of this title.
(b) An officer of the Judge Advocate General's Corps who has the
qualifications prescribed for the Judge Advocate General in section
5148(b) of this title may be detailed as Assistant Judge Advocate
General of the Navy. While so serving, a judge advocate who holds a
grade lower than rear admiral (lower half) shall hold the grade of
rear admiral (lower half), if he is appointed to that grade by the
President, by and with the advice and consent of the Senate. An
officer who is retired while serving as Assistant Judge Advocate
General of the Navy under this subsection or who, after serving at
least twelve months as Assistant Judge Advocate General of the
Navy, is retired after completion of that service while serving in
a lower rank or grade, may, in the discretion of the President, be
retired with the rank and grade of rear admiral (lower half). If he
is retired as a rear admiral (lower half), he is entitled to the
retired pay of that grade, unless entitled to higher pay under
another provision of law.
(c) A judge advocate of the Marine Corps who has the
qualifications prescribed for the Judge Advocate General in section
5148(b) of this title may be detailed as Assistant Judge Advocate
General of the Navy. While so serving, a judge advocate who holds a
grade lower than brigadier general shall hold the grade of
brigadier general, if he is appointed to that grade by the
President, by and with the advice and consent of the Senate. An
officer who is retired while serving as Assistant Judge Advocate
General of the Navy under this subsection or who, after serving at
least twelve months as Assistant Judge Advocate General of the
Navy, is retired after completion of that service while serving in
a lower rank or grade, may, in the discretion of the President, be
retired with the rank and grade of brigadier general. If he is
retired as a brigadier general, he is entitled to the retired pay
of that grade, unless entitled to higher pay under another
provision of law.
(d) When there is a vacancy in the Office of the Judge Advocate
General, or during the absence or disability of the Judge Advocate
General, the Deputy Judge Advocate General shall perform the duties
of the Judge Advocate General until a successor is appointed or the
absence or disability ceases.
(e) When subsection (d) cannot be complied with because of the
absence or disability of the Deputy Judge Advocate General, the
Assistant Judge Advocates General, in the order directed by the
Secretary of the Navy, shall perform the duties of the Judge
Advocate General.

-SOURCE-
(Aug. 10, 1956, ch. 1041, 70A Stat. 290; Pub. L. 85-861, Sec.
33(a)(28), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87-649, Sec.
14c(21), Sept. 7, 1962, 76 Stat. 501; Pub. L. 89-718, Sec. 36, Nov.
2, 1966, 80 Stat. 1120; Pub. L. 90-179, Sec. 2(2), Dec. 8, 1967, 81
Stat. 546; Pub. L. 90-623, Sec. 2(9), Oct. 22, 1968, 82 Stat. 1314;
Pub. L. 96-513, title V, Sec. 503(13), Dec. 12, 1980, 94 Stat.
2912; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95
Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985,
99 Stat. 628; Pub. L. 99-661, div. A, title V, Sec. 508(b), Nov.
14, 1986, 100 Stat. 3867; Pub. L. 103-337, div. A, title V, Sec.
504(b)(2), Oct. 5, 1994, 108 Stat. 2751.)

-MISC1-



HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at
section Large)
--------------------------------------------------------------------
5149(a) 5 U.S.C. 444 (less last Aug. 29, 1916, ch. 417
19 words). (3d par., 96th through
121st word), 39 Stat.
558.
5 U.S.C. 453 (as Mar. 4, 1925, ch. 536,
applicable to Asst. JAG). Sec. 15 (as applicable
to Asst. JAG), 43 Stat.
1275.
5149(b) 5 U.S.C. 444 (last 19 Aug. 29, 1916, ch. 417
words). (3d par., 122d word to
end of par.), 39 Stat.
558.
5149(c) 5 U.S.C. 432a (as Feb. 3, 1942, ch. 35,
applicable to JAG). Sec. 1 (as applicable to
JAG), 56 Stat. 47.
--------------------------------------------------------------------

Changes in phraseology are made to conform to the language used
in Sec. 5135 of this title.

AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-337 designated existing
provisions as par. (1), added second sentence, struck out former
second and third sentences which read as follows: "While so serving
he is entitled to the grade of rear admiral or major general, as
appropriate, unless entitled to a higher grade under another
provision of law. The Deputy Judge Advocate General is entitled to
the same privileges of retirement as provided for chiefs of bureaus
in section 5133 of this title.", and added par. (2).
1986 - Subsec. (a). Pub. L. 99-661, Sec. 508(b)(1), substituted
"There is a Deputy Judge Advocate General of the Navy who is
appointed by the President, by and with the advice and consent of
the Senate, from among judge advocates of the Navy and Marine Corps
who have the qualifications prescribed for the Judge Advocate
General" for "A judge advocate of the Navy or Marine Corps who has
the qualifications prescribed for the Judge Advocate General in
section 5148(b) of this title shall be detailed as Deputy Judge
Advocate General of the Navy", and struck out "rank and" before
"grade of" and struck out "rank or" before "grade under" in second
sentence.
Subsec. (b). Pub. L. 99-661, Sec. 508(b)(2), substituted "While
so serving, a judge advocate who holds a grade lower than rear
admiral (lower half) shall hold the grade of rear admiral (lower
half), if he is appointed to that grade by the President, by and
with the advice and consent of the Senate" for "While so serving he
is entitled to the rank and grade of rear admiral (lower half),
unless entitled to a higher rank or grade under another provision
of law".
Subsec. (c). Pub. L. 99-661, Sec. 508(b)(3), substituted "While
so serving, a judge advocate who holds a grade lower than brigadier
general shall hold the grade of brigadier general, if he is
appointed to that grade by the President, by and with the advice
and consent of the Senate" for "While so serving he is entitled to
the rank and grade of brigadier general, unless entitled to a
higher rank or grade under another provision of law".
1985 - Subsec. (b). Pub. L. 99-145 substituted "rear admiral
(lower half)" for "commodore" in three places.
1981 - Subsec. (b). Pub. L. 97-86 substituted "commodore" for
"commodore admiral" in three places.
1980 - Subsec. (a). Pub. L. 96-513, Sec. 503(13)(A), struck out
"(upper half)" after "entitled to the rank and grade of rear
admiral".
Subsec. (b). Pub. L. 96-513, Sec. 503(13)(B), (C), substituted
"rank and grade of commodore admiral" for "rank and grade of rear
admiral (lower half)" in two places, "retired as a commodore
admiral" for "retired as a rear admiral", and "retired pay of that
grade" for "retired pay in the lower half of that grade".
1968 - Subsec. (c). Pub. L. 90-623 substituted "5148(b)" for
"4158(b)".
1967 - Pub. L. 90-179 inserted reference to Deputy Judge Advocate
General and substituted "Advocates General" for "Advocate General;
succession to duties" after "Assistant Judge" in section catchline.
Subsec. (a). Pub. L. 90-179 substituted provisions relating to
the detailing of a judge advocate of the Navy or Marine Corps as
Deputy Judge Advocate General of the Navy, his rank while so
serving and retirement privileges for provisions relating to the
detailing of an officer of the Navy or Marine Corps as Assistant
Judge Advocate General.
Subsecs. (b) to (d). Pub. L. 90-179 added subsecs. (b) and (c),
redesignated former subsecs. (b) and (c) as (d) and (e),
respectively, and in subsec. (d), as so redesignated, substituted
"Deputy Judge Advocate General" for "Assistant Judge Advocate
General, unless otherwise directed by the President,".
Subsec. (e). Pub. L. 90-179 redesignated former subsec. (c) as
(e) and in subsec. (e), as so redesignated, substituted provisions
relating to the performance of the duties of the Judge Advocate
General by the Assistant Judge Advocates General in the event of
the absence or disability of the Deputy Judge Advocate General for
provisions relating to the performance of such duties by the heads
of the major divisions of the Office of the Judge Advocate General
in the event of the absence or disability of the Assistant Judge
Advocate General.
1966 - Pub. L. 89-718 struck out "pay," before "succession" in
section catchline.
1962 - Subsec. (a). Pub. L. 87-649 repealed last sentence which
provided that a person detailed as Assistant Judge Advocate General
is entitled to the highest pay of his rank. See section 202 of
Title 37, Pay and Allowances of the Uniformed Services.
1958 - Subsec. (b). Pub. L. 85-861 substituted "office" for
"Office".

EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-661 applicable with respect to
appointments or details made on or after Nov. 14, 1986, see section
508(f) of Pub. L. 99-661, set out as an Effective Date note under
section 12210 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1980 AMENDMENT
Amendment 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.

EFFECTIVE DATE OF 1962 AMENDMENT
Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section
15 of Pub. L. 87-649, set out as an Effective Date note preceding
section 101 of Title 37, Pay and Allowances of the Uniformed
Services.

EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
33(g) of Pub. L. 85-861, set out as a note under section 101 of
this title.


-TRANS-
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary
of Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968,
33 F.R. 841, set out as a note under section 301 of Title 3, The
President.


-MISC2-
OFFICER SERVING AS DEPUTY AND ASSISTANT JUDGE ADVOCATE OF THE NAVY
ON DEC. 7, 1967; RANK; RETIREMENT BENEFITS
Section 9 of Pub. L. 90-179 provided that: "Nothing in this Act
[enacting sections 5578a and 5587a of this title, amending this
section, sections 801, 806, 815, 827, 865, 936, 5148, 5404, 5508,
5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and
6378 of this title, and section 202 of Title 37, and enacting
provisions set out as notes under this section and section 5184 of
this title] shall operate to terminate or reduce the term of an
officer who was serving as Deputy and Assistant Judge Advocate
General of the Navy on the day before the effective date of this
Act [Dec. 8, 1967] or to deprive to him of the rank, pay,
allowances, or retirement privileges to which he was then entitled.
Notwithstanding any other provision of law, an officer who was so
serving on the day before the effective date of this Act shall be
deemed to be detailed as Deputy Judge Advocate General, pursuant to
section 5149 of title 10, United States Code, as amended by this
Act [this section], and in addition to rights and benefits then
accrued, to be entitled to the rank and retirement benefits
authorized by that section. For the purposes of determining his
eligibility for the retirement benefits authorized by section 5149
of title 10, United States Code, as amended by this Act [this
section], an officer who is serving as Deputy Judge Advocate
General on the effective date of this Act shall be credited with
all service performed under appointment or detail as Deputy and
Assistant Judge Advocate General before the effective date of this
Act."

-End-



-CITE-
10 USC Sec. 5150 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5150. Staff corps of the Navy

-STATUTE-
(a) The staff corps of the Navy are -
(1) the Medical Corps;
(2) the Dental Corps;
(3) the Judge Advocate General's Corps;
(4) the Chaplain Corps; and
(5) such other staff corps as may be established by the
Secretary of the Navy under subsection (b).

(b)(1) The Secretary of the Navy may establish staff corps of the
Navy in addition to the Medical Corps, the Dental Corps, the Judge
Advocate General's Corps, and the Chaplain Corps. The Secretary may
designate commissioned officers in, and may assign members to, any
such staff corps.
(2) Subject to subsection (c), the Secretary of the Navy may
provide for the appointment of the chief of any staff corps
established under this subsection.
(c) The Secretary of the Navy, whenever the needs of the service
require, may convene a selection board under section 611(a) of this
title to select an officer in the Nurse Corps or in the Medical
Service Corps (if such corps has been established under subsection
(a)) for promotion to the grade of rear admiral, in the case of an
officer in the Nurse Corps, or rear admiral (lower half), in the
case of an officer in the Medical Service Corps. An officer
promoted pursuant to such a selection shall be appointed by the
Secretary to the position of Director of the Nurse Corps or
Director of the Medical Service Corps, respectively, for a term of
four years, to serve at the pleasure of the Secretary. For the
purpose of computing the total number of flag officers in the staff
corps of the Navy under section 526 of this title, an officer so
appointed shall be considered an additional number in grade.

-SOURCE-
(Added Pub. L. 96-513, title III, Sec. 351, Dec. 12, 1980, 94 Stat.
2902, Sec. 5155; amended Pub. L. 97-22, Sec. 6(a), July 10, 1981,
95 Stat. 129; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,
1981, 95 Stat. 1105; renumbered Sec. 5150, Pub. L. 99-433, title V,
Sec. 514(a)(2), Oct. 1, 1986, 100 Stat. 1054; Pub. L. 99-661, div.
A, title XIII, Sec. 1343(a)(23), Nov. 14, 1986, 100 Stat. 3994;
Pub. L. 100-26, Sec. 3(7), Apr. 21, 1987, 101 Stat. 274; Pub. L.
102-190, div. A, title X, Sec. 1061(a)(22)(A), Dec. 5, 1991, 105
Stat. 1473; Pub. L. 107-314, div. A, title V, Sec. 504(a)(2), Dec.
2, 2002, 116 Stat. 2531.)


-MISC1-
PRIOR PROVISIONS
A prior section 5150 was renumbered section 5021 of this title.

AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-314 substituted "for promotion to
the grade of rear admiral, in the case of an officer in the Nurse
Corps, or rear admiral (lower half), in the case of an officer in
the Medical Service Corps" for "for promotion to the grade of rear
admiral (lower half)" in first sentence.
1991 - Subsec. (c). Pub. L. 102-190 substituted "section 526" for
"section 5444".
1987 - Subsec. (c). Pub. L. 100-26 made technical amendment to
directory language of Pub. L. 99-661, Sec. 1343(a)(23). See 1986
Amendment note below.
1986 - Subsec. (c). Pub. L. 99-661, as amended by Pub. L. 100-26,
substituted "rear admiral (lower half)" for "commodore".
1981 - Subsec. (c). Pub. L. 97-86 substituted "commodore" for
"commodore admiral".
Pub. L. 97-22 substituted "Nurse Corps or in the Medical Service
Corps (if such corps has been established under subsection (a)) for
promotion to the grade of commodore admiral" for "Nurse Corps or
Medical Service Corps for promotion to the grade of commodore
admiral or rear admiral, as appropriate", substituted "An officer
promoted pursuant to such a selection shall be appointed by the
Secretary to the position of Director of the Nurse Corps or
Director of the Medical Service Corps, respectively, for a term of
four years, to serve at the pleasure of the Secretary" for "An
officer so selected shall be appointed by the President, by and
with the advice and consent of the Senate, for a term of four years
to serve in the position, respectively, of Director of the Nurse
Corps or Director of the Medical Service Corps", and inserted
provision that for the purpose of computing the total number of
flag officers in the staff corps of the Navy under section 5444 of
this title, an officer so appointed shall be considered an
additional number in grade.

EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-26 applicable as if included in Pub. L.
99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L.
100-26, set out as a note under section 776 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment 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.

EFFECTIVE DATE
Section effective Sept. 15, 1981, but the authority to prescribe
regulations under this section effective on Dec. 12, 1980, see
section 701 of Pub. L. 96-513, set out as an Effective Date of 1980
Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT
ACT
For provisions to prevent extinction or premature termination of
rights, duties, penalties, or proceedings that existed or were
begun prior to the effective date of Pub. L. 96-513 and otherwise
to allow for an orderly transition to the system of officer
personnel management put in place under Pub. L. 96-513, see section
601 et seq. of Pub. L. 96-513, set out as a note under section 611
of this title.

-End-



-CITE-
10 USC Sec. 5151 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
[Sec. 5151. Renumbered Sec. 5022]
-STATUTE-


-End-



-CITE-
10 USC Sec. 5152 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
[Sec. 5152. Renumbered Sec. 5023]
-STATUTE-


-End-



-CITE-
10 USC Sec. 5153 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
[Sec. 5153. Renumbered Sec. 5024]
-STATUTE-


-End-



-CITE-
10 USC Sec. 5154 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
Sec. 5154. Repealed.

-MISC1-
[Sec. 5154. Repealed. Pub. L. 89-718, Sec. 35(5), Nov. 2, 1966, 80
Stat. 1120].
Section, added Pub. L. 86-174, Sec. 1(2), Aug. 18, 1959, 73 Stat.
395, provided for appointment of Chief of the Bureau of Naval
Weapons and detailing of Deputy Chief.

-End-



-CITE-
10 USC Sec. 5155 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL

-HEAD-
[Sec. 5155. Renumbered Sec. 5150]
-STATUTE-


-End-


-CITE-
10 USC [CHAPTER 515 - REPEALED] 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 515 - REPEALED]

-HEAD-
[CHAPTER 515 - REPEALED]

-End-



-CITE-
10 USC Secs. 5201 to 5204 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 515 - REPEALED]

-HEAD-
Secs. 5201 to 5204. Repealed.

-MISC1-
[Secs. 5201 to 5204. Repealed. Pub. L. 99-433, title V, Sec.
513(a), Oct. 1, 1986, 100 Stat. 1051].
Section 5201, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; May
20, 1958, Pub. L. 85-422, Sec. 6(3), 72 Stat. 129; Aug. 6, 1958,
Pub. L. 85-599, Sec. 4(c), 72 Stat. 517; Sept. 7, 1962, Pub. L. 87-
651, title I, Sec. 114, 76 Stat. 513; June 5, 1967, Pub. L. 90-22,
title IV, Sec. 404, 81 Stat. 53; Dec. 12, 1980, Pub. L. 96-513,
title V, Sec. 503(15), 94 Stat. 2912; July 1, 1986, Pub. L. 99-348,
title I, Sec. 104(c)(1), 100 Stat. 691, related to appointment,
term, etc., of the Commandant of the Marine Corps. See section 5043
of this title.
Section 5202, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; Aug.
6, 1958, Pub. L. 85-599, Sec. 6(c), 72 Stat. 519; Sept. 7, 1962,
Pub. L. 87-649, Sec. 14c(24), 76 Stat. 501; May 2, 1969, Pub. L. 91-
11, 83 Stat. 8; Mar. 4, 1976, Pub. L. 94-225, Sec. 1, 90 Stat.
202; Dec. 12, 1980, Pub. L. 96-513, title V, Secs. 503(15),
513(7)(B), 94 Stat. 2912, 2931, related to detail and duties of the
Assistant Commandant of the Marine Corps. See section 5044 of this
title.
Section 5203, act Aug. 10, 1956, ch. 1041, 70A Stat. 292, related
to detail of the Director of Personnel of the Marine Corps.
Section 5204, acts Aug. 10, 1956, ch. 1041, 70A Stat. 292; Aug.
3, 1961, Pub. L. 87-123, Sec. 5(2), 75 Stat. 264, related to detail
of the Quartermaster General of the Marine Corps.

-End-



-CITE-
10 USC Sec. 5205 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 515 - REPEALED]

-HEAD-
Sec. 5205. Repealed.

-MISC1-
[Sec. 5205. Repealed. Pub. L. 87-123, Sec. 5(3), Aug. 3, 1961, 75
Stat. 264].
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 293, related to
retirement of heads of Marine Corps staff departments, their
retired grade and pay.

-End-



-CITE-
10 USC Sec. 5206 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 515 - REPEALED]

-HEAD-
Sec. 5206. Repealed.

-MISC1-
[Sec. 5206. Repealed. Pub. L. 96-513, title III, Sec. 344(b), Dec.
12, 1980, 94 Stat. 2901].
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 293; Sept. 7,
1962, Pub. L. 87-649, Sec. 6(c)(4), 76 Stat. 494; Nov. 8, 1967,
Pub. L. 90-130, Sec. 1(15), 81 Stat. 376, established in Office of
Commandant of Marine Corps the position of Director of Women
Marines.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-


-CITE-
10 USC [CHAPTER 516 - REPEALED] 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 516 - REPEALED]

-HEAD-
[CHAPTER 516 - REPEALED]

-End-



-CITE-
10 USC Secs. 5221, 5222 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 516 - REPEALED]

-HEAD-
Secs. 5221, 5222. Repealed.

-MISC1-
[Secs. 5221, 5222. Repealed. Pub. L. 95-82, title VI, Sec. 611(a),
Aug. 1, 1977, 91 Stat. 378].
Section 5221, added Pub. L. 90-110, title X, Sec. 1001(1), Oct.
21, 1967, 81 Stat. 310, provided for inclusion of naval districts
within organization of Department of the Navy.
Section 5222, added Pub. L. 90-110, title X, Sec. 1001(1), Oct.
21, 1967, 81 Stat. 310, provided for detailing of officers of the
Navy not below the grade of rear admiral as commandants of each of
naval districts.

-End-


-CITE-
10 USC [CHAPTER 517 - REPEALED] 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 517 - REPEALED]

-HEAD-
[CHAPTER 517 - REPEALED]

-End-



-CITE-
10 USC Secs. 5231 to 5234 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 517 - REPEALED]

-HEAD-
Secs. 5231 to 5234. Repealed.

-MISC1-
[Secs. 5231 to 5234. Repealed. Pub. L. 96-513, title III, Sec. 331,
Dec. 12, 1980, 94 Stat. 2896].
Section 5231, acts Aug. 10, 1956, ch. 1041, 70A Stat. 294; July
30, 1977, Pub. L. 95-79, title VIII, Sec. 811(b)(1), (2), 91 Stat.
336; Oct. 20, 1978, Pub. L. 95-485, title VIII, Sec. 818(a), 92
Stat. 1626, related to designation by President of officers on
active list of Navy above the grade of captain and, in time of war
or national emergency, above the grade of commander for fleet
commands and other high positions. See section 601 of this title.
Section 5232, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; July
30, 1977, Pub. L. 95-79, title VIII, Sec. 811(b)(3), (4), 91 Stat.
336; Oct. 20, 1978, Pub. L. 95-485, title VIII, Sec. 818(b), 92
Stat. 1626, related to designation by President of officers on
active list of Marine Corps above the grade of colonel and, in time
of war or national emergency, above the grade of lieutenant colonel
for appropriate higher commands or performance of duty of great
importance and responsibility. See section 601 of this title.
Section 5233, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; May
20, 1958, Pub. L. 85-422, Sec. 6(4), 72 Stat. 129; related to
retirement of an officer serving or having served in a grade to
which appointed under former sections 5231 or 5232 of this title.
See section 601 of this title.
Section 5234, acts Aug. 10, 1956, ch. 1041, 70A Stat. 295; Apr.
21, 1976, Pub. L. 94-273, Sec. 2(3), 90 Stat. 375, authorized
President during time of war or national emergency to suspend any
provision of former sections 5231 or 5232 of this title relating to
distribution in grade.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-


-CITE-
10 USC [CHAPTER 519 - REPEALED] 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 519 - REPEALED]

-HEAD-
[CHAPTER 519 - REPEALED]

-End-



-CITE-
10 USC Secs. 5251, 5252 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART I - ORGANIZATION
[CHAPTER 519 - REPEALED]

-HEAD-
Secs. 5251, 5252. Repealed.

-MISC1-
[Secs. 5251, 5252. Repealed. Pub. L. 103-337, div. A, title XVI,
Sec. 1661(a)(3)(A), Oct. 5, 1994, 108 Stat. 2980].
Section 5251, act Aug. 10, 1956, ch. 1041, 70A Stat. 295, related
to administration of Naval Reserve by Chief of Naval Operations and
Naval Reserve Policy Board. See sections 10108 and 10303 of this
title.
Section 5252, act Aug. 10, 1956, ch. 1041, 70A Stat. 296, related
to administration of Marine Corps Reserve by Commandant of Marine
Corps and Marine Corps Reserve Policy Board. See sections 10109 and
10304 of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 1, 1994, except as otherwise provided, see
section 1691 of Pub. L. 103-337, set out as an Effective Date note
under section 10001 of this title.

-End-


-CITE-
10 USC PART II - PERSONNEL 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL

-HEAD-
PART II - PERSONNEL

-MISC1-
Chap. Sec.
[531. Repealed.]
533. Distribution in Grade 5441
535. Grade and Rank of Officers 5501
537. Enlistments 5531
539. Original Appointments 5571
[541. Repealed.]
[543. Repealed.]
544. Temporary Appointments 5721
[545. Repealed.]
[547. Repealed.]
[549. Repealed.]
551. Officers in Command 5941
553. Special Assignments and Details 5981
555. Administration 6011
557. Rations 6081
559. Miscellaneous Prohibitions and Penalties 6111
561. Miscellaneous Rights and Benefits 6141
563. Hospitalization and Medical Care 6201
565. Bands 6221
567. Decorations and Awards 6241
569. Discharge of Enlisted Members 6291
571. Voluntary Retirement 6321
573. Involuntary Retirement, Separation, and Furlough 6371
575. Recall to Active Duty 6481
577. Death Benefits; Care of the Dead 6521

AMENDMENTS
1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1673(a)(3), Oct.
5, 1994, 108 Stat. 3015, struck out items for chapters 531
"Strength of Naval Reserve and Marine Corps Reserve", 541 "Running
Mates for Reserve Officers", and 549 "Reserve Promotions".
1980 - Pub. L. 96-513, title V, Sec. 503(16), Dec. 12, 1980, 94
Stat. 2912, inserted "of Naval Reserve and Marine Corps Reserve"
after "Strength" in item for chapter 531, inserted "for Reserve
Officers" after "Running Mates" in item for chapter 541, struck out
item for chapter 543 "Selection Boards", added item for chapter
544, and struck out items for chapter 545 "Promotions" and for
chapter 547 "Examinations for Promotion".
1958 - Pub. L. 85-861, Sec. 1(134), Sept. 2, 1958, 72 Stat. 1507,
added item for chapter 549.

SUSPENSION OF CERTAIN SECTIONS OF TITLE 10 AND AMENDMENTS TO
OFFICER PERSONNEL ACT OF 1947
Act Aug. 10, 1956, ch. 1041, Sec. 48, 70A Stat. 639, as amended
by Pub. L. 109-163, div. A, title V, Sec. 515(h), Jan. 6, 2006, 119
Stat. 3237, provided that:
"Sec. 48. (a) Except as they may apply to women officers of the
Regular Navy or the Regular Marine Corps appointed under section
5590 of title 10, United States Code, enacted by section 1 of this
Act, the following sections of title 10 cease to operate whenever
the number of male officers serving on active duty in the grade of
ensign or above in the line of the Navy does not exceed the number
of male officers holding permanent appointments in the grade of
ensign or above on the active list in the line of the Regular Navy:
Sections 5505, 5508, 5596, 5651-5663, 5701-5703, 5705-5711, 5751,
5753-5759, 5761, 5762, 5764-5770, 5785, 5786, 5791, 6371-6384,
6386, 6407.
"(b) For the purposes of subsection (a), the following officers
may not be considered officers serving on active duty:
"(1) Retired officers.
"(2) Officers of the Navy Reserve assigned to active duty for
training.
"(3) Officers of the Navy Reserve ordered to active duty in
connection with organizing, administering, recruiting,
instructing, or drilling the Navy Reserve or the Marine Corps
Reserve.
"(4) Officers of the Navy Reserve ordered to temporary active
duty for the purpose of prosecuting special work.
"(c) Title IV of the Officer Personnel Act of 1947 (61 Stat.
869), as amended, is amended by adding the following new section at
the end thereof:
"[Sec. 437. Repealed. Pub. L. 104-106, div. A, title XV, Sec.
1505(a), Feb. 10, 1996, 110 Stat. 514.]"

-End-


-CITE-
10 USC [CHAPTER 531 - REPEALED] 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
[CHAPTER 531 - REPEALED]

-End-



-CITE-
10 USC Secs. 5401 to 5409 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
Secs. 5401 to 5409. Repealed.

-MISC1-
[Secs. 5401 to 5409. Repealed. Pub. L. 96-513, title III, Sec.
311(a), Dec. 12, 1980, 94 Stat. 2889].
Section 5401, act Aug. 10, 1956, ch. 1041, 70A Stat. 297,
prescribed authorized strength of Regular Navy in enlisted members.
See section 521 et seq. of this title.
Section 5402, act Aug. 10, 1956, ch. 1041, 70A Stat. 297,
prescribed authorized strength of Regular Marine Corps. See section
521 et seq. of this title.
Section 5403, act Aug. 10, 1956, ch. 1041, 70A Stat. 297,
prescribed authorized strength of active list of the Navy in line
officers. See section 521 et seq. of this title.
Section 5404, acts Aug. 10, 1956, ch. 1041, 70A Stat. 297; Oct.
13, 1964, Pub. L. 88-647, title III, Sec. 301(12), 78 Stat. 1072;
Dec. 8, 1967, Pub. L. 90-179, Sec. 3, 81 Stat. 547, prescribed
authorized strength of active list of Navy in officers in Supply
Corps and Civil Engineer Corps, directed Secretary of Navy to
compute annually the authorized strength of active list of Navy in
officers in Medical Corps, Dental Corps, Chaplain Corps, Medical
Service Corps, and Nurse Corps, and to establish annually the
authorized strength of active list of Navy in officers in Judge
Advocate General's Corps. See section 521 et seq. of this title.
Section 5405, act Aug. 10, 1956, ch. 1041, 70A Stat. 298,
prescribed authorized strength of active list of Marine Corps. See
section 521 et seq. of this title.
Section 5406, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July
5, 1968, Pub. L. 90-386, Sec. 1(1), 82 Stat. 293, limited actual
number of officers on active list in line of Navy that could be
designated for engineering duty. See section 521 et seq. of this
title.
Section 5407, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July
5, 1968, Pub. L. 90-386, Sec. 1(2), 82 Stat. 293, limited actual
number of officers on active list in line of Navy that could be
designated for aeronautical engineering duty. See section 521 et
seq. of this title.
Section 5408, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; July
5, 1968, Pub. L. 90-386, Sec. 1(3), 82 Stat. 293, limited actual
number of officers on the active list in line of Navy that could be
designated for special duty. See section 521 et seq. of this title.
Section 5409, acts Aug. 10, 1956, ch. 1041, 70A Stat. 298; Aug.
3, 1961, Pub. L. 87-123, Sec. 5(5), 75 Stat. 264, prescribed number
of officers of actual number of officers on active lists in the
line of Navy and of Marine Corps, that could be designated for
limited duty. See section 521 et seq. of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-



-CITE-
10 USC Secs. 5410, 5411 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
Secs. 5410, 5411. Repealed.

-MISC1-
[Secs. 5410, 5411. Repealed. Pub. L. 90-130, Sec. 1(16), Nov. 8,
1967, 81 Stat. 376].
Section 5410, act Aug. 10, 1956, ch. 1041, 70A Stat. 928, placed
upper limits, stated in terms of percentages of the authorized
strength of the Regular Navy and Regular Marine Corps in enlisted
members, on the authorized strength of enlisted women in each.
Section 5411, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, placed
upper limits, stated in terms of percentages of the authorized
strength in enlisted women of the Regular Navy and Regular Marine
Corps, on the authorized strength of the Regular Navy and Regular
Marine Corps in women officers.

-End-



-CITE-
10 USC Sec. 5412 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
Sec. 5412. Repealed.

-MISC1-
[Sec. 5412. Repealed. Pub. L. 96-513, title III, Sec. 311(a), Dec.
12, 1980, 94 Stat. 2889].
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, prescribed
authorized strength of Regular Navy in enlisted members in Hospital
Corps. See section 521 et seq. of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-



-CITE-
10 USC Secs. 5413, 5414 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
Secs. 5413, 5414. Repealed.

-MISC1-
[Secs. 5413, 5414. Repealed. Pub. L. 103-337, div. A, title XVI,
Sec. 1662(a)(3), Oct. 5, 1994, 108 Stat. 2988].
Section 5413, act Aug. 10, 1956, ch. 1041, 70A Stat. 299, related
to authorized strengths of Naval Reserve and Marine Corps Reserve.
See section 12001(a) of this title.
Section 5414, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2,
1958, 72 Stat. 1490; amended Pub. L. 86-559, Sec. 1(33), (34), June
30, 1960, 74 Stat. 273; Pub. L. 96-513, title V, Sec. 513(8)(B),
Dec. 12, 1980, 94 Stat. 2931; Pub. L. 102-190, div. A, title XI,
Sec. 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506, related to
authorized strength of Naval Reserve and Marine Corps Reserve in
officers in active status in grades above chief warrant officer, W-
5. See section 12003 of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 1, 1994, except as otherwise provided, see
section 1691 of Pub. L. 103-337, set out as an Effective Date note
under section 10001 of this title.

-End-



-CITE-
10 USC Secs. 5415 to 5417 01/03/2007

-EXPCITE-
TITLE 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART II - PERSONNEL
[CHAPTER 531 - REPEALED]

-HEAD-
Secs. 5415 to 5417. Repealed.

-MISC1-
[Secs. 5415 to 5417. Repealed. Pub. L. 96-513, title III, Secs.
311(a), 312, Dec. 12, 1980, 94 Stat. 2889].
Section 5415, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2,
1958, 72 Stat. 1490, excluded enlisted members of the Navy or
Marine Corps serving as midshipmen or cadets in any of the military
academies from computations of authorized strengths. See section
521 et seq. of this title.
Section 5416, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2,
1958, 72 Stat. 1490, excluded members of the Navy or the Marine
Corps, or of the Coast Guard when it is operating as a service in
the Navy, detailed for duty with United States agencies outside the
Department of Defense on a reimbursable basis, from computations of
authorized strengths or numbers in grade. See section 521 et seq.
of this title.
Section 5417, added Pub. L. 85-861, Sec. 1(110)(A), Sept. 2,
1958, 72 Stat. 1490, directed Secretary of Defense, with approval
of President, to estimate annually, for each of five years
following such estimate, the strengths of the Navy and the Marine
Corps in officers on active lists exclusive of officers
specifically authorized as additional numbers. See section 521 et
seq. of this title.

EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96-
513, set out as an Effective Date of 1980 Amendment note under
section 101 of this title.

-End-
   

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