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10 USC CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

.

-HEAD-

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-MISC1-

Sec.

3681. Presentation of United States flag upon retirement.

(3682, 3683. Repealed.)

3684. Service credit: regular enlisted members; service as an

officer to be counted as enlisted service.

(3685 to 3690. Repealed.)

3691. Flying officer rating: qualifications.

(3692, 3693. Repealed.)

AMENDMENTS

1998 - Pub. L. 105-261, div. A, title VI, Sec. 644(a)(2), Oct.

17, 1998, 112 Stat. 2048, added item 3681.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1672(b)(6), Oct.

5, 1994, 108 Stat. 3015, struck out item 3686 ''Members of Army

National Guard of United States: credit for service as members of

Army National Guard''.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(f)(1)(B)(i),

Nov. 14, 1986, 100 Stat. 3877, struck out item 3687 ''Compensation:

members of Army other than of Regular Army; when same as that

provided for members of Regular Army''.

1985 - Pub. L. 99-145, title XIII, Sec. 1301(b)(1)(B), Nov. 8,

1985, 99 Stat. 735, struck out item 3683 ''Service credit: certain

service as a nurse, woman medical specialist, or civilian employee

of Army Medical Department to be counted''.

1980 - Pub. L. 96-513, title V, Sec. 512(7), Dec. 12, 1980, 94

Stat. 2929, struck out item 3689 ''Assignments and allotments of

pay''.

1971 - Pub. L. 92-168, Sec. 1(2), Nov. 24, 1971, 85 Stat. 489,

struck out item 3692 ''Pilot rating in time of peace:

qualifications''.

1968 - Pub. L. 90-235, Sec. 6(a)(3), 7(a)(4), (b)(3), Jan. 2,

1968, 81 Stat. 762, 763, struck out item 3682 ''Service credit:

officers; service as cadet not counted'', item 3685 ''Regular Army;

Army Reserve: female members; definition of 'dependents' '', item

3690 ''Exemption from arrest for debt: enlisted members'', and item

3693 ''Replacement of certificate of discharge''.

1958 - Pub. L. 85-861, Sec. 1(91), Sept. 2, 1958, 72 Stat. 1482,

struck out items 3681 ''Army Register: regular officers; service to

be listed'' and 3688 ''Death Gratuity''.

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10 USC Sec. 3681 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 3681. Presentation of United States flag upon retirement

-STATUTE-

(a) Presentation of Flag. - Upon the release of a member of the

Army from active duty for retirement, the Secretary of the Army

shall present a United States flag to the member.

(b) Multiple Presentations Not Authorized. - A member is not

eligible for a presentation of a flag under subsection (a) if the

member has previously been presented a flag under this section or

any other provision of law providing for the presentation of a

United States flag incident to release from active service for

retirement.

(c) No Cost to Recipient. - The presentation of a flag under this

section shall be at no cost to the recipient.

-SOURCE-

(Added Pub. L. 105-261, div. A, title VI, Sec. 644(a)(1), Oct. 17,

1998, 112 Stat. 2048; amended Pub. L. 106-65, div. A, title VI,

Sec. 652(e), Oct. 5, 1999, 113 Stat. 666.)

-MISC1-

PRIOR PROVISIONS

A prior section 3681, act Aug. 10, 1956, ch. 1041, 70A Stat. 210,

related to service listed in the official Army Register, prior to

repeal by Pub. L. 85-861, Sec. 36B(9), Sept. 2, 1958, 72 Stat.

1570. See section 122 of this title.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''under this

section or any other provision of law providing for the

presentation of a United States flag incident to release from

active service for retirement.'' for ''under this section or

section 6141 or 8681 of this title or section 516 of title 14.''

EFFECTIVE DATE

Pub. L. 105-261, div. A, title VI, Sec. 644(e), Oct. 17, 1998,

112 Stat. 2049, provided that: ''Sections 3681, 6141, and 8681 of

title 10, United States Code (as added by this section), and

section 516 of title 14, United States Code (as added by subsection

(d)), shall apply with respect to releases from active duty

described in those sections on or after October 1, 1998.''

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10 USC Sec. 3682 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3682. Repealed. Pub. L. 90-235, Sec. 6(a)(2), Jan. 2, 1968,

81 Stat. 761)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 210, provided

that in computing length of service, no commissioned officer of the

Army could be credited with service as a cadet at the Military

Academy or as a midshipman at the Naval Academy, if he was

appointed as a cadet or midshipman after Aug. 24, 1912. See section

971 of this title.

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10 USC Sec. 3683 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 3683. Repealed. Pub. L. 99-145, title XIII, Sec.

1301(b)(1)(A), Nov. 8, 1985, 99 Stat. 735)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 210; Aug. 25,

1959, Pub. L. 86-197, Sec. 1(4), 73 Stat. 426, related to service

credit for certain service as a nurse, woman medical specialist, or

civilian employee of Army Medical Department.

PERSON PERFORMING ACTIVE SERVICE ON DAY BEFORE REPEAL OF SECTION

Section 1301(b)(1)(C) of Pub. L. 99-145 provided that: ''The

repeal made by subparagraph (A) (repealing this section) shall not

apply in the case of a person who performed active service

described in section 3683 of title 10, United States Code, as such

section was in effect on the day before the date of the enactment

of this Act (Nov. 8, 1985).''

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10 USC Sec. 3684 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 3684. Service credit: regular enlisted members; service as an

officer to be counted as enlisted service

-STATUTE-

An enlisted member of the Regular Army is entitled to count

active service as an officer in the Army as enlisted service for

all purposes.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 211.)

-MISC1-

Historical and Revision Notes

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

Large)

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3684 10:631a (last July 14, 1939, ch.

proviso). 267, Sec. 1 (last

proviso); restated

May 29, 1954, ch.

249, Sec. 19(b)

(last proviso), 68

Stat. 166.

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

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10 USC Sec. 3685 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 3685. Repealed. Pub. L. 90-235, Sec. 7(a)(3), Jan. 2, 1968,

81 Stat. 763)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(89), 72 Stat. 1482, set forth

restrictions on the consideration of a husband or child as the

dependent of a female member of the Regular Army, Army National

Guard of the United States or Army Reserve.

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10 USC Sec. 3686 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3686. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1662(g)(2), Oct. 5, 1994, 108 Stat. 2996)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 24,

1980, Pub. L. 96-357, Sec. 5(a), 94 Stat. 1182; Oct. 19, 1984, Pub.

L. 98-525, title IV, Sec. 414(a)(7)(A), 98 Stat. 2519, related to

credit to members of Army National Guard of United States for

service as members of Army National Guard. See section 12602 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.

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10 USC Sec. 3687 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 3687. Repealed. Pub. L. 99-661, div. A, title VI, Sec.

604(f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 212; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(90), 72 Stat. 1482; Sept. 7, 1962,

Pub. L. 87-649, Sec. 6(d), 76 Stat. 494, related to compensation

for members of Army other than of Regular Army.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to persons who, after Nov. 14,

1986, incur or aggravate an injury, illness, or disease or die, see

section 604(g) of Pub. L. 99-661, set out as an Effective Date of

1986 Amendment note under section 1074a of this title.

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10 USC Sec. 3688 01/06/03

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Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

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(Sec. 3688. Repealed. Pub. L. 85-861, Sec. 36B(10), Sept. 2, 1958,

72 Stat. 1570)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 212, related to

payment of death gratuity to survivors of members of the Army. See

section 1475 et seq. of this title.

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10 USC Sec. 3689 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3689. Repealed. Pub. L. 87-649, Sec. 14c(9), Sept. 7, 1962,

76 Stat. 501)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 213; Sept. 26,

1961, Pub. L. 87-304, Sec. 9(c), 75 Stat. 665, related to

assignments and allotments of pay. See section 701 of 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.

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10 USC Sec. 3690 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3690. Repealed. Pub. L. 90-235, Sec. 7(b)(1), Jan. 2, 1968,

81 Stat. 763)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, exempted

enlisted members of the Army, while on active duty, from arrest for

any debt, unless it was contracted before enlistment and amounted

to at least $20 when first contracted.

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10 USC Sec. 3691 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

Sec. 3691. Flying officer rating: qualifications

-STATUTE-

Only officers of the Army in the following categories may be

rated as flying officers:

(1) Officers who have aeronautical ratings as pilots of service

types of aircraft or as aircraft observers.

(2) Flight surgeons.

(3) Officers undergoing flight training.

(4) Officers who are members of combat crews, other than pilots

of service types of aircraft, aircraft observers, and observers.

(5) In time of war, officers who have aeronautical ratings as

observers.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 213.)

-MISC1-

Historical and Revision Notes

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

Large)

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3691 10:291c. 10:291c-1. June 3, 1916, ch.

10:291e. 134, Sec. 13a (8th,

9th, and 11th

provisos); added

July 2, 1926, ch.

721, Sec. 2 (4th

sentence, less 2d

proviso), 44 Stat.

781; June 16, 1936,

ch. 587, Sec. 3, 49

Stat. 1524; Oct. 4,

1940, ch. 742 (last

proviso), 54 Stat.

963.

June 24, 1948, ch.

632 (2d proviso

under ''Finance

Department''), 62

Stat. 650.

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

10:291c (proviso) and the words ''after June 30, 1948'', in

10:291c-1, are omitted as executed. The definition of the term

''flying officer'', in 10:291c, originally was a definition of the

term ''flying officer in time of peace'' as provided by section 2

of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the

Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words

''in time of peace''. As a consequence of that amendment, 10:291e

(1st 26 words) is omitted as surplusage. Clause (2) is substituted

for 10:291c-1 (less last 10 words). The words ''commissioned

officers or warrant'', in 10:291c-1, are omitted as surplusage. In

clause (4), the last 12 words are substituted for the words ''any

other''.

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10 USC Sec. 3692 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3692. Repealed. Pub. L. 92-168, Sec. 1(1), Nov. 24, 1971, 85

Stat. 489)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, provided

qualifications to receive a rating as a pilot in time of peace.

See section 2003 of this title.

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10 USC Sec. 3693 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 353 - MISCELLANEOUS RIGHTS AND BENEFITS

-HEAD-

(Sec. 3693. Repealed. Pub. L. 90-235, Sec. 7(a)(3), Jan. 2, 1968,

81 Stat. 763)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 214, provided for

replacement of a lost or destroyed certificate of discharge from

Army. See section 1040 of this title.

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