-CITE-

10 USC CHAPTER 45 - THE UNIFORM 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

.

-HEAD-

CHAPTER 45 - THE UNIFORM

-MISC1-

Sec.

771. Unauthorized wearing prohibited.

771a. Disposition on discharge.

772. When wearing by persons not on active duty authorized.

773. When distinctive insignia required.

774. Religious apparel: wearing while in uniform.

775. Issue of uniform without charge.

776. Applicability of chapter.

777. Wearing of insignia of higher grade before promotion

(frocking): authority; restrictions.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title V, Sec. 503(a)(2), Feb.

10, 1996, 110 Stat. 294, added item 777.

1992 - Pub. L. 102-484, div. A, title III, Sec. 377(b), Oct. 23,

1992, 106 Stat. 2387, added item 775 and redesignated former item

775 as 776.

1987 - Pub. L. 100-180, div. A, title V, Sec. 508(b), Dec. 4,

1987, 101 Stat. 1087, added item 774 and redesignated former item

774 as 775.

1968 - Pub. L. 90-235, Sec. 8(1)(B), Jan. 2, 1968, 81 Stat. 764,

added item 771a.

-CITE-

10 USC Sec. 771 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 771. Unauthorized wearing prohibited

-STATUTE-

Except as otherwise provided by law, no person except a member of

the Army, Navy, Air Force, or Marine Corps, as the case may be, may

wear -

(1) the uniform, or a distinctive part of the uniform, of the

Army, Navy, Air Force, or Marine Corps; or

(2) a uniform any part of which is similar to a distinctive

part of the uniform of the Army, Navy, Air Force, or Marine

Corps.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 34.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

771 10:1393 (1st par., June 3, 1916, ch.

less provisos). 134, Sec. 125 (1st

par., less

provisos), 39 Stat.

216.

-------------------------------

The words ''Except as otherwise provided by law'' are inserted to

give effect to exceptions in other revised sections of this title

and to provisions of other laws giving such organizations as the

Coast and Geodetic Survey and the Public Health Service permission

to wear military uniforms under certain conditions.

-CITE-

10 USC Sec. 771a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 771a. Disposition on discharge

-STATUTE-

(a) Except as provided in subsections (b) and (c), when an

enlisted member of an armed force is discharged, the exterior

articles of uniform in his possession that were issued to him,

other than those that he may wear from the place of discharge to

his home under section 772(d) of this title, shall be retained for

military use.

(b) When an enlisted member of an armed force is discharged for

bad conduct, undesirability, unsuitability, inaptitude, or

otherwise than honorably -

(1) the exterior articles of uniform in his possession shall be

retained for military use;

(2) under such regulations as the Secretary concerned

prescribes, a suit of civilian clothing and an overcoat when

necessary, both to cost not more than $30, may be issued to him;

and

(3) if he would be otherwise without funds to meet his

immediate needs, he may be paid an amount, fixed by the Secretary

concerned, of not more than $25.

(c) When an enlisted member of the Army National Guard or the Air

National Guard who has been called into Federal service is released

from that service, the exterior articles of uniform in his

possession shall be accounted for as property issued to the Army

National Guard or the Air National Guard, as the case may be, of

the State or territory, Puerto Rico, or the District of Columbia of

whose Army National Guard or Air National Guard he is a member, as

prescribed in section 708 of title 32.

-SOURCE-

(Added Pub. L. 90-235, Sec. 8(1)(A), Jan. 2, 1968, 81 Stat. 763;

amended Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), Sept.

29, 1988, 102 Stat. 2059.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-456 struck out ''the Canal

Zone,'' after ''Puerto Rico,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 775 of this title.

-CITE-

10 USC Sec. 772 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 772. When wearing by persons not on active duty authorized

-STATUTE-

(a) A member of the Army National Guard or the Air National Guard

may wear the uniform prescribed for the Army National Guard or the

Air National Guard, as the case may be.

(b) A member of the Naval Militia may wear the uniform prescribed

for the Naval Militia.

(c) A retired officer of the Army, Navy, Air Force, or Marine

Corps may bear the title and wear the uniform of his retired grade.

(d) A person who is discharged honorably or under honorable

conditions from the Army, Navy, Air Force, or Marine Corps may wear

his uniform while going from the place of discharge to his home,

within three months after his discharge.

(e) A person not on active duty who served honorably in time of

war in the Army, Navy, Air Force, or Marine Corps may bear the

title, and, when authorized by regulations prescribed by the

President, wear the uniform, of the highest grade held by him

during that war.

(f) While portraying a member of the Army, Navy, Air Force, or

Marine Corps, an actor in a theatrical or motion-picture production

may wear the uniform of that armed force if the portrayal does not

tend to discredit that armed force.

(g) An officer or resident of a veterans' home administered by

the Department of Veterans Affairs may wear such uniform as the

Secretary of the military department concerned may prescribe.

(h) While attending a course of military instruction conducted by

the Army, Navy, Air Force, or Marine Corps, a civilian may wear the

uniform prescribed by that armed force if the wear of such uniform

is specifically authorized under regulations prescribed by the

Secretary of the military department concerned.

(i) Under such regulations as the Secretary of the Air Force may

prescribe, a citizen of a foreign country who graduates from an Air

Force school may wear the appropriate aviation badges of the Air

Force.

(j) A person in any of the following categories may wear the

uniform prescribed for that category:

(1) Members of the Boy Scouts of America.

(2) Members of any other organization designated by the

Secretary of a military department.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 99-145, title XIII,

Sec. 1301(a)(1), Nov. 8, 1985, 99 Stat. 735; Pub. L. 101-189, div.

A, title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub.

L. 104-201, div. A, title V, Sec. 551(b), Sept. 23, 1996, 110

Stat. 2525.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

772(a) 772(b) 10:1393 (words June 3, 1916, ch.

772(c) 772(d) before 1st 134, Sec. 12 (words

772(e) semicolon of 1st before 4th

proviso of 1st semicolon, and

par.). 10:1393 words after 7th

(15th through 18th semicolon, of 1st

words after 1st proviso of 1st

semicolon of 1st par.; and last

proviso of 1st proviso of last

par.). 10:1023 (1st par.), 39 Stat.

sentence). 216; July 9, 1918,

34:43g(i). 34:389 ch. 143, subch.

(less 1st and 3d XVII, Sec. 10 (last

sentences). 10:1393 proviso), 40 Stat.

(words between 3d 892; June 4, 1920,

and 4th semicolons ch. 228, Sec. 8, 41

of 1st proviso of Stat. 836; June 6,

1st par.). 1942, ch. 382, 56

10:1028b. 10:1393 Stat. 328; May 24,

(words between 2d 1949, ch. 139, Sec.

and 3d semicolons 15(b) (last

of 1st proviso of proviso), 63 Stat.

1st par.). 91; July 6, 1953,

ch. 180, Sec. 1, 67

Stat. 140.

34:399d. R.S. 1256 (1st

sentence).

772(f) 10:1393 (words R.S. 1457 (less 1st

between 8th and 9th and 3d sentences);

semicolons of 1st May 5, 1950, ch.

proviso of 1st 169, Sec. 14(f), 64

par.). Stat. 147.

772(g) 772(h) 10:1393 (last Apr. 16, 1947, ch.

proviso of last 38, Sec. 207(j), 61

par.). 10:1393 Stat. 50; as

(words between 7th redesignated (i);

and 8th semicolons Aug. 7, 1947, ch.

of 1st proviso of 512, Sec. 434(d),

1st par.). 61 Stat. 882.

772(i) 772(j) 10:1393 (words after June 21, 1930, ch.

9th semicolon of 563, Sec. 2;

1st proviso of 1st restated Aug. 4,

par.). 10:1393 1949, ch. 393, Sec.

(words between 1st 12, 63 Stat. 559;

and 2d semicolons July 6, 1953, ch.

of 1st proviso of 180, Sec. 2, 67

1st par., less 15th Stat. 140.

through 18th

words).

-------------------------------

In subsections (a), (b), (d), (f), (g), (h), (i), and (j), the

rules stated in the corresponding clauses of the first proviso of

the first paragraph, and the last proviso of the last paragraph, of

10:1393, are restated to make positive the authority of the persons

described in those subsections to wear the uniform prescribed for

the appropriate organization or activity.

In subsection (c), the words ''bear the title'', in 34:43g(i),

applicable only to retired officers of the Navy Nurse Corps, are

made applicable to other retired officers, to make explicit what

has heretofore been implicit, that a retired officer may continue

to bear the title of his retired grade.

In subsection (e), the words between the second and third

semicolons of the first proviso of the first paragraph of 10:1393

are omitted as superseded by 10:1028b and 34:399d, which authorize

the wearing of the uniform by members who are discharged honorably

or under honorable conditions. The words ''when authorized by

regulations prescribed by'' are substituted for the words

''occasions authorized by regulations of''.

In subsection (f), the words ''while portraying a member of the

Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or

motion-picture production'' are substituted for the words ''any

person from wearing the uniform of the United States Army, Navy, or

Marine Corps, in any playhouse or theater or in moving-picture

films while actually engaged in representing therein a military or

naval character''.

In subsection (g), the word ''resident'' is substituted for the

word ''members'', since the word ''members'' related to members of

the now disbanded National Home for disabled volunteer soldiers to

which were admitted ''members'' of an organization called the

''Disabled Volunteer Soldiers''. The words ''veterans' home'' are

substituted for the words ''national home for veterans'', since

there are now no ''national homes'' administered by the Veterans'

Administration.

In subsection (h), the words ''authorized and'' and ''for wear

during such course of instruction'' are omitted as surplusage. The

word ''naval'' is omitted as covered by the word ''military''. The

words ''Army, Navy, Air Force, or Marine Corps'' are substituted

for the words ''military or naval authorities''. The words ''that

armed force'' are substituted for the words ''such military or

naval authorities''.

In subsection (i), the words ''Air Force school'' are substituted

for the words ''Air Force advanced flying schools or Air Force

service schools''. The words ''in such manner'' are omitted as

surplusage.

AMENDMENTS

1996 - Subsec. (h). Pub. L. 104-201 inserted before period at end

''if the wear of such uniform is specifically authorized under

regulations prescribed by the Secretary of the military department

concerned''.

1989 - Subsec. (g). Pub. L. 101-189 substituted ''Department of

Veterans Affairs'' for ''Veterans' Administration''.

1985 - Subsec. (c). Pub. L. 99-145 struck out provisions relating

to a retired officer of the Navy Nurse Corps.

-EXEC-

EX. ORD. NO. 10554. DELEGATION OF AUTHORITY TO PRESCRIBE

REGULATIONS

Ex. Ord. No. 10554, Aug. 18, 1954, 19 F.R. 5295, as amended by

Ex. Ord. No. 13286, Sec. 77, Feb. 28, 2003, 68 F.R. 10631,

provided:

The authority vested in the President (1) by section 125 of the

act of June 3, 1916, 39 Stat. 216, as amended by the first section

of the act of July 6, 1953, 67 Stat. 140, and (2) by section 2 of

the act of June 21, 1930, 46 Stat. 793, as amended by section 2 of

said act of July 6, 1953, to prescribe regulations authorizing

occasions upon which the uniform may be worn by persons who have

served honorably in the armed forces of the United States in time

of war is hereby delegated to the Secretary of Defense so far as it

pertains to the uniforms of the Army, Navy, Air Force, and Marine

Corps, and to the Secretary of Homeland Security so far as it

pertains to the uniform of the Coast Guard.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 771a, 4621, 6156, 7606,

9621 of this title.

-CITE-

10 USC Sec. 773 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 773. When distinctive insignia required

-STATUTE-

(a) A person for whom one of the following uniforms is prescribed

may wear it, if it includes distinctive insignia prescribed by the

Secretary of the military department concerned to distinguish it

from the uniform of the Army, Navy, Air Force, or Marine Corps, as

the case may be:

(1) The uniform prescribed by the university, college, or

school for an instructor or member of the organized cadet corps

of -

(A) a State university or college, or a public high school,

having a regular course of military instruction; or

(B) an educational institution having a regular course of

military instruction, and having a member of the Army, Navy,

Air Force, or Marine Corps as instructor in military science

and tactics.

(2) The uniform prescribed by a military society composed of

persons discharged honorably or under honorable conditions from

the Army, Navy, Air Force, or Marine Corps to be worn by a member

of that society when authorized by regulations prescribed by the

President.

(b) A uniform prescribed under subsection (a) may not include

insignia of grade the same as, or similar to, those prescribed for

officers of the Army, Navy, Air Force, or Marine Corps.

(c) Under such regulations as the Secretary of the military

department concerned may prescribe, any person who is permitted to

attend a course of instruction prescribed for members of a reserve

officers' training corps, and who is not a member of that corps,

may, while attending that course of instruction, wear the uniform

of that corps.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 35; Pub. L. 85-355, Mar. 28,

1958, 72 Stat. 66.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

773(a) 773(b) 10:1393 (words June 3, 1916, ch.

between 4th and 7th 134, Sec. 125

semicolons of 1st (words between 4th

proviso, and 2d and 7th semicolons

proviso, of 1st of 1st proviso, and

par.). 10:1393 2d and last

(last proviso of provisos, of 1st

1st par.). par.), 39 Stat.

216; June 4, 1920,

ch. 228, Sec. 8, 41

Stat. 836; Sept.

15, 1951, ch. 402,

65 Stat. 323; July

6, 1953, ch. 180,

Sec. 1, 67 Stat.

140.

-------------------------------

In subsection (a), the word ''mark'' is omitted as surplusage.

In subsection (a)(2), the words ''persons discharged honorably or

under honorable conditions from'' are substituted for the words

''entirely of honorably discharged officers or enlisted men, or

both, of''. The words ''Regular or Volunteer'' are omitted as

surplusage. The words ''when authorized by regulations prescribed

by'' are substituted for the words ''upon occasions authorized by

regulations of''.

AMENDMENTS

1958 - Subsec. (c). Pub. L. 85-355 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4621, 6156, 7606, 9621 of

this title.

-CITE-

10 USC Sec. 774 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 774. Religious apparel: wearing while in uniform

-STATUTE-

(a) General Rule. - Except as provided under subsection (b), a

member of the armed forces may wear an item of religious apparel

while wearing the uniform of the member's armed force.

(b) Exceptions. - The Secretary concerned may prohibit the

wearing of an item of religious apparel -

(1) in circumstances with respect to which the Secretary

determines that the wearing of the item would interfere with the

performance of the member's military duties; or

(2) if the Secretary determines, under regulations under

subsection (c), that the item of apparel is not neat and

conservative.

(c) Regulations. - The Secretary concerned shall prescribe

regulations concerning the wearing of religious apparel by members

of the armed forces under the Secretary's jurisdiction while the

members are wearing the uniform. Such regulations shall be

consistent with subsections (a) and (b).

(d) Religious Apparel Defined. - In this section, the term

''religious apparel'' means apparel the wearing of which is part of

the observance of the religious faith practiced by the member.

-SOURCE-

(Added Pub. L. 100-180, div. A, title V, Sec. 508(a)(2), Dec. 4,

1987, 101 Stat. 1086.)

-MISC1-

PRIOR PROVISIONS

A prior section 774 was renumbered section 776 of this title.

REGULATIONS

Section 508(c) of Pub. L. 100-180 provided that: ''The Secretary

concerned shall prescribe the regulations required by section

774(c) of title 10, United States Code, as added by subsection (a),

not later than the end of the 120-day period beginning on the date

of the enactment of this Act (Dec. 4, 1987).''

-CITE-

10 USC Sec. 775 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 775. Issue of uniform without charge

-STATUTE-

(a) Issue of Uniform. - The Secretary concerned may issue a

uniform, without charge, to any of the following members:

(1) A member who is being repatriated after being held as a

prisoner of war.

(2) A member who is being treated at or released from a medical

treatment facility as a consequence of being wounded or injured

during military hostilities.

(3) A member who, as a result of the member's duties, has

unique uniform requirements.

(4) Any other member, if the Secretary concerned determines,

under exceptional circumstances, that the issue of the uniform to

that member would significantly benefit the morale and welfare of

the member and be advantageous to the armed force concerned.

(b) Retention of Uniform as a Personal Item. - Notwithstanding

section 771a of this title, a uniform issued to a member under this

section may be retained by the member as a personal item.

-SOURCE-

(Added Pub. L. 102-484, div. A, title III, Sec. 377(a)(2), Oct.

23, 1992, 106 Stat. 2386.)

-MISC1-

PRIOR PROVISIONS

A prior section 775 was renumbered section 776 of this title.

-CITE-

10 USC Sec. 776 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 776. Applicability of chapter

-STATUTE-

This chapter applies in -

(1) the United States;

(2) the territories, commonwealths, and possessions of the

United States; and

(3) all other places under the jurisdiction of the United

States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 36, Sec. 774; Pub. L. 99-661,

div. A, title XIII, Sec. 1343(a)(1), Nov. 14, 1986, 100 Stat.

3992; Pub. L. 100-26, Sec. 3(6), Apr. 21, 1987, 101 Stat. 273;

renumbered Sec. 775, Pub. L. 100-180, div. A, title V, Sec.

508(a)(1), Dec. 4, 1987, 101 Stat. 1086; renumbered Sec. 776, Pub.

L. 102-484, div. A, title III, Sec. 377(a)(1), Oct. 23, 1992, 106

Stat. 2386.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

774 10:1393 (less 1st June 3, 1916, ch.

and last pars.). 134, Sec. 125 (less

1st and last

pars.), 39 Stat.

216; Apr. 15, 1948,

ch. 188, 62 Stat.

172; June 25, 1948,

ch. 645, Sec. 21

(as applicable to

Sec. 125 of the Act

of June 3, 1916,

ch. 134), 62 Stat.

864; May 24, 1949,

ch. 139, Sec. 15(b)

(less last par.),

142 (as applicable

to the Act of Apr.

15, 1948, ch. 188),

63 Stat. 91, 110.

-------------------------------

The words ''the Canal Zone, Guam, American Samoa, and the Virgin

Islands as well as to * * * other'' are omitted as covered by the

words ''possessions, and all other places under its jurisdiction''.

AMENDMENTS

1992 - Pub. L. 102-484 renumbered section 775 of this title as

this section.

1987 - Pub. L. 100-180 renumbered section 774 of this title as

this section.

Pub. L. 100-26 amended directory language of Pub. L. 99-661. See

1986 Amendment note below.

1986 - Pub. L. 99-661, as amended by Pub. L. 100-26, amended

section generally. Prior to amendment, section read as follows:

''This chapter applies in the United States, the Territories,

Commonwealths, and possessions, and all other places under its

jurisdiction.''

EFFECTIVE DATE OF 1987 AMENDMENT

Section 12(a) of Pub. L. 100-26 provided that: ''The amendments

made by section 3 (amending this section and sections 1032, 1408,

1450, 1588, 2007, 2364, and 5150 of this title, and section 4703 of

Title 20, Education, and amending provisions set out as a note

under section 1006 of Title 37, Pay and Allowances of the Uniformed

Services) shall apply as if included in Public Law 99-661 when

enacted on November 14, 1986.''

-CITE-

10 USC Sec. 777 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 45 - THE UNIFORM

-HEAD-

Sec. 777. Wearing of insignia of higher grade before promotion

(frocking): authority; restrictions

-STATUTE-

(a) Authority. - An officer who has been selected for promotion

to the next higher grade may be authorized, under regulations and

policies of the Department of Defense and subject to subsection

(b), to wear the insignia for that next higher grade. An officer

who is so authorized to wear the insignia of the next higher grade

is said to be ''frocked'' to that grade.

(b) Restrictions. - An officer may not be authorized to wear the

insignia for a grade as described in subsection (a) unless -

(1) the Senate has given its advice and consent to the

appointment of the officer to that grade; and

(2) the officer is serving in, or has received orders to serve

in, a position for which that grade is authorized.

(c) Benefits Not To Be Construed as Accruing. - (1) Authority

provided to an officer as described in subsection (a) to wear the

insignia of the next higher grade may not be construed as

conferring authority for that officer to -

(A) be paid the rate of pay provided for an officer in that

grade having the same number of years of service as that officer;

or

(B) assume any legal authority associated with that grade.

(2) The period for which an officer wears the insignia of the

next higher grade under such authority may not be taken into

account for any of the following purposes:

(A) Seniority in that grade.

(B) Time of service in that grade.

(d) Limitation on Number of Officers Frocked to Specified Grades.

- (1) The total number of colonels and Navy captains on the

active-duty list who are authorized as described in subsection (a)

to wear the insignia for the grade of brigadier general or rear

admiral (lower half), as the case may be, may not exceed 55.

(2) The number of officers of an armed force on the active-duty

list who are authorized as described in subsection (a) to wear the

insignia for a grade to which a limitation on total number applies

under section 523(a) of this title for a fiscal year may not exceed

1 percent, or, for the grades of colonel and Navy captain, 2

percent, of the total number provided for the officers in that

grade in that armed force in the administration of the limitation

under that section for that fiscal year.

-SOURCE-

(Added Pub. L. 104-106, div. A, title V, Sec. 503(a)(1), Feb. 10,

1996, 110 Stat. 294; amended Pub. L. 105-85, div. A, title V, Sec.

505, Nov. 18, 1997, 111 Stat. 1726; Pub. L. 106-65, div. A, title

V, Sec. 502, Oct. 5, 1999, 113 Stat. 590.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-65 substituted ''55.'' for

''the following:'' and struck out subpars. (A) to (C) which read as

follows:

''(A) During fiscal years 1996 and 1997, 75.

''(B) During fiscal year 1998, 55.

''(C) After fiscal year 1998, 35.''

1997 - Subsec. (d)(2). Pub. L. 105-85 inserted '', or, for the

grades of colonel and Navy captain, 2 percent,'' after ''1

percent''.

TEMPORARY VARIATION OF LIMITATIONS ON NUMBERS OF FROCKED OFFICERS

Section 503(b) of Pub. L. 104-106 provided that: ''In the

administration of section 777(d)(2) of title 10, United States Code

(as added by subsection (a)), the percent limitation applied under

that section for fiscal year 1996 shall be 2 percent (instead of 1

percent).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 721 of this title.

-CITE-