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10 USC CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

.

-HEAD-

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

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Sec.

1521. Posthumous commissions.

1522. Posthumous warrants.

1523. Posthumous commissions and warrants: effect on pay and

allowances.

1524. Posthumous commissions and warrants: determination of date of

death.

AMENDMENTS

1966 - Pub. L. 89-718, Sec. 12(a)(2), Nov. 2, 1966, 80 Stat.

1117, added item 1524.

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10 USC Sec. 1521 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

-HEAD-

Sec. 1521. Posthumous commissions

-STATUTE-

(a) The President may issue, or have issued, an appropriate

commission in the name of a member of the armed forces who, after

September 8, 1939 -

(1) was appointed to a commissioned grade but was unable to

accept the appointment because of death in line of duty;

(2) successfully completed the course at an officers' training

school and was recommended for appointment to a commissioned

grade by the commanding officer or officer in charge of the

school but was unable to accept the appointment because of death

in line of duty; or

(3) was officially recommended for appointment or promotion to

a commissioned grade but was unable to accept the promotion or

appointment because of death in line of duty.

(b) A commission issued under subsection (a) shall issue as of

the date of the appointment, recommendation, or official

recommendation, as the case may be, and the member's name shall be

carried on the records of the military or executive department

concerned as if he had served in the grade, and branch if any, in

which posthumously commissioned, from the date of the appointment,

recommendation, or official recommendation to the date of his

death.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106-398, Sec. 1

((div. A), title V, Sec. 505), Oct. 30, 2000, 114 Stat. 1654,

1654A-102.)

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Historical and Revision Notes

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

Large)

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1521(a) 10:491a (words July 28, 1942, ch.

before semicolon). 528, Sec. 1-3, 56

10:491b (words Stat. 722, 723;

before semicolon). July 17, 1953, ch.

10:491c (words 220, Sec. 1(a)-(c),

before semicolon). 67 Stat. 176.

34:285b (words

before semicolon).

34:285c (words

before semicolon).

34:285d (words

before semicolon).

1521(b) 10:491a (words after

semicolon).

10:491b (words after

semicolon).

10:491c (words after

semicolon).

34:285b (words after

semicolon).

34:285c (words after

semicolon).

34:285d (words after

semicolon).

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

In subsection (a), the words ''a member of'' are substituted for

the words ''any person who, while in'', in 10:491a, 491b, 491c, and

34:285b, 285c, and 285d. The words ''armed forces'' are substituted

for the words ''military service of the United States'', in

10:491a, 491b, and 491c; and the words ''naval service of the

United States'', in 34:285b, 285c, and 285d (which did not appear

in the source statute for the revised section, as amended by the

Act of July 17, 1953, ch. 220, Sec. 1(b), 67 Stat. 177). The words

''to such grade'', in 10:491a and 34:285b, ''receive or'', in

10:491c and 34:285d, are omitted as surplusage.

In subsection (b), the words ''if any'' are substituted for words

''of the service''. The words ''appointment and'', in 10:491b and

34:285c, and ''appointment or promotion and'', in 10:491c and

34:285d, are omitted as surplusage.

AMENDMENTS

2000 - Subsec. (a)(3). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 505(a)), struck out ''and the recommendation for whose

appointment or promotion was approved by the Secretary concerned''

after ''commissioned grade''.

Subsec. (b). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

505(b)), substituted ''official recommendation'' for ''approval''

in two places.

DETERMINATION OF DATE OF DEATH UNDER MISSING PERSONS ACT

Section 5 of act July 28, 1942, ch. 528, as added July 17, 1953,

ch. 220, Sec. 1(e), 67 Stat. 177, provided that for purposes of

this chapter, in any case where the date of death is established

under the Missing Persons Act, as amended, the date of death is the

date of receipt by the head of the department concerned of evidence

that the person is dead, or the date the finding of death is made

under section 5 of that Act, prior to repeal by Pub. L. 89-718,

Sec. 12(b), Nov. 2, 1966, 80 Stat. 1117. See section 1524 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1524 of this title.

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10 USC Sec. 1522 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

-HEAD-

Sec. 1522. Posthumous warrants

-STATUTE-

(a) The Secretary concerned may issue, or have issued, an

appropriate warrant in the name of a member of the armed forces

who, after September 8, 1939, was officially recommended for

appointment or promotion to a grade other than a commissioned grade

but was unable to accept the appointment or promotion because of

death in line of duty.

(b) A warrant issued under subsection (a) shall issue as of the

date of the recommendation, and the member's name shall be carried

on the records of the military or executive department concerned as

if he had served in the grade to which posthumously appointed or

promoted from the date of the recommendation to the date of his

death.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)

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Historical and Revision Notes

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

Large)

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1522(a) 10:612 (words before July 28, 1942, ch.

semicolon). 34:285e 528, Sec. 4, 56

(words before Stat. 723; July 17,

semicolon). 1953, ch. 220, Sec.

1 (a)-(d), 67 Stat.

176.

1522(b) 10:612 (words after

semicolon).

34:285e (words after

semicolon).

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

In subsection (a), the words ''a member of'' are substituted for

the words ''any person who, while in'', in 10:612 and 34:285e. The

words ''armed forces'' are substituted for the words ''the military

service of the United States'', in 10:612; and ''the naval service

of the United States'', in 34:285e (which did not appear in the

source statute for the revised section, as amended by the act of

July 17, 1953, ch. 220, Sec. 1(b), 67 Stat. 177). The words ''other

than a commissioned grade'' are substituted for the words

''noncommissioned grade'' to make it clear that the revised section

covers warrant officers. The words ''receive or'' are omitted as

surplusage.

In subsection (b), the words ''appointment or promotion'', ''and

branch of the service'', ''official'', and ''by such warrant'' are

omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1524 of this title.

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10 USC Sec. 1523 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

-HEAD-

Sec. 1523. Posthumous commissions and warrants: effect on pay and

allowances

-STATUTE-

No person is entitled to any bonus, gratuity, pay, or allowance

because of a posthumous commission or warrant.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)

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Historical and Revision Notes

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

Large)

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1523 10:491d. 34:285f. July 28, 1942, ch.

528, Sec. 6, 56

Stat. 723; July 17,

1953, ch. 220, Sec.

1(e) (1st 7 words),

67 Stat. 177.

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

The word ''receive'' is omitted as surplusage. The words

''because of a posthumous commission or warrant'' are substituted

for the words ''by virtue of any provision of sections 491a-491d

(285b-285d) and 612 (285e) of this title'', in 10:491d and 34:285f.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 552.

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10 USC Sec. 1524 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 77 - POSTHUMOUS COMMISSIONS AND WARRANTS

-HEAD-

Sec. 1524. Posthumous commissions and warrants: determination of

date of death

-STATUTE-

For the purposes of sections 1521 and 1522 of this title, in any

case where the date of death is established or determined under

section 551-558 of title 37, the date of death is the date the

Secretary concerned receives evidence that the person is dead, or

the date the finding of death is made under section 555 of title

37.

-SOURCE-

(Added Pub. L. 89-718, Sec. 12(a)(1), Nov. 2, 1966, 80 Stat. 1117.)

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