-CITE-

10 USC CHAPTER 513 - BUREAUS; OFFICE OF THE JUDGE

ADVOCATE GENERAL 01/06/03

-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 Repealed.)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 Repealed.)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 Division; 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 Repealed.)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 Naval 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 Repealed.)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 Repealed.)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

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, Sec. 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, Sec. 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, Sec. 1(3), 2(4), Aug. 18, 1959, 73 Stat.

395, 396, added item 5154 and eliminated items 5136 and 5144.

-CITE-

10 USC Sec. 5131 01/06/03

-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, Sec. 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

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

Large)

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

5131 5 U.S.C. 429 (less R.S. 419 (less

applicability to applicability to

distribution of distribution of

business among business among

bureaus). 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.''

-CITE-

10 USC Sec. 5132 01/06/03

-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

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

Large)

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

5132(a) 5 U.S.C. 429 (as R.S. 419 (as

applicable to applicable to

distribution of distribution of

business among business among

bureaus). bureaus).

5 U.S.C. 455 (1st 23 July 12, 1921, ch.

words). 44, Sec. 8 (1st

par., 1st 37

words), 42 Stat.

140.

5132(b) 5 U.S.C. 430 (last R.S. 420 (last 39

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 July 12, 1921, ch.

1st 23 words). 44, Sec. 8 (1st

par., less 1st 37

words), 42 Stat.

140.

5132(c) 5 U.S.C. 430 (less R.S. 420 (less last

last 39 words). 39 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.

-CITE-

10 USC Sec. 5133 01/06/03

-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

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

Large)

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

5133(a) 5 U.S.C. 441 (less July 1, 1918, ch.

applicability to 114, 40 Stat. 717

JAG). (1st sentence on p.

717, less

applicability to

JAG).

5 U.S.C. 441a (as June 20, 1940, ch.

applicable to rank, 400, Sec. 1(c) (2d

pay and sentence, less

allowances). applicability to

retirement), 54

Stat. 493.

5 U.S.C. 439 (last July 12, 1921, ch.

39 words). 44, Sec. 8 (2d

par., last 42

words), 42 Stat.

140.

5133(b) 5 U.S.C. 425a (as June 22, 1938, ch.

applicable to 567, 52 Stat. 839

Chiefs of Bureaus). (as applicable to

Chiefs of Bureaus).

5 U.S.C. 441a (as June 20, 1940, ch.

applicable to 400, Sec. 1(c) (2d

retirement). 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5138, 5142 of this title.

-CITE-

10 USC Sec. 5134 01/06/03

-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. Pub. L. 87-649, Sec. 14c(16), Sept. 7, 1962,

76 Stat. 501)

-MISC1-

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.

-CITE-

10 USC Sec. 5135 01/06/03

-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

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

Large)

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

5135(a) 5 U.S.C. 445 (less Aug. 29, 1916, ch.

1st 43 words). 417, 39 Stat. 558

(3d par., 45th

through 95th

words).

5 U.S.C. 446 (last Mar. 3, 1893, ch.

49 words). 212, 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.

through 74th 234, Sec. 1, 30

words). 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 July 26, 1894, ch.

51 words). 165, 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 July 12, 1921, ch.

1st 35 words). 44, Sec. 8 (3d

par., less 1st 35

words), 42 Stat.

140.

5135(b) 5 U.S.C. 432a (less Feb. 3, 1942, ch.

applicability to 35, Sec. 1 (less

JAG). 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.

-CITE-

10 USC Sec. 5136 01/06/03

-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. Pub. L. 86-174, Sec. 2(3), Aug. 18, 1959, 73

Stat. 396)

-MISC1-

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.

-CITE-

10 USC Sec. 5137 01/06/03

-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

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

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 R.S. 1375 (less last

last 10 words). 10 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5133 of this title.

-CITE-

10 USC Sec. 5138 01/06/03

-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 Division; Chief;

functions

-STATUTE-

(a) There is a Dental Division in the Bureau of Medicine and

Surgery. An officer of the Dental Corps not below the grade of rear

admiral (lower half) shall be detailed as Chief of the Dental

Division.

(b) The Chief of the Dental Division 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 so defined and prescribed by Bureau directives, and if

necessary by regulations of the Secretary of the Navy, that all

such functions will be under the direction of the Dental Division.

All matters relating to dentistry shall be referred to that

Division.

(d) 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.

-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.)

-MISC1-

Historical and Revision Notes

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

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

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

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.

-CITE-

10 USC Sec. 5139 01/06/03

-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.

-CITE-

10 USC Sec. 5140 01/06/03

-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. Pub. L. 96-513, title III, Sec. 352(a), Dec.

12, 1980, 94 Stat. 2902)

-MISC1-

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.

-CITE-

10 USC Sec. 5141 01/06/03

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

Large)

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

5141(a) 5 U.S.C. 432. R.S. 421.

5 U.S.C. 434 (less R.S. 422 (less

applicability to applicability to

Chief of BuOrd). Chief 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 Mar. 3, 1893, ch.

last 49 words). 212 (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.

-CITE-

10 USC Sec. 5142 01/06/03

-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''.

-CITE-

10 USC Sec. 5142a 01/06/03

-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''.

-CITE-

10 USC Sec. 5143 01/06/03

-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 Naval Reserve: appointment of Chief

-STATUTE-

(a) Establishment of Office: Chief of Naval 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 Naval Reserve,

which is headed by a Chief of Naval Reserve. The Chief of Naval

Reserve -

(1) is the principal adviser on Naval Reserve matters to the

Chief of Naval Operations; and

(2) is the commander of the Naval Reserve Force.

(b) Appointment. - (1) The President, by and with the advice and

consent of the Senate, shall appoint the Chief of Naval 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 Naval 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 Naval

Reserve shall be counted for purposes of the grade limitations

under sections 525 and 526 of this title.

(4) Until December 31, 2004, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Naval 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 Naval 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 Naval Reserve may be

reappointed for one additional term of up to four years.

(2) The Chief of Naval Reserve, while so serving, holds the grade

of vice admiral.

(d) Budget. - The Chief of Naval 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 Naval Reserve. As

such, the Chief of Naval Reserve is the director and functional

manager of appropriations made for the Naval Reserve in those

areas.

(e) Annual Report. - (1) The Chief of Naval Reserve shall submit

to the Secretary of Defense, through the Secretary of the Navy, an

annual report on the state of the Naval Reserve and the ability of

the Naval 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 Naval 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.)

-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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641 of this title.

-CITE-

10 USC Sec. 5144 01/06/03

-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, 2004, 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.)

-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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641 of this title.

-CITE-

10 USC Sec. 5145 to 5147 01/06/03

-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. 5145 to 5147. Repealed. Pub. L. 89-718, Sec. 35(5), Nov. 2,

1966, 80 Stat. 1120)

-MISC1-

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.

-CITE-

10 USC Sec. 5148 01/06/03

-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 or Territory and who have had at least eight years

of experience in legal duties as commissioned officers. 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.

(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.

-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.)

-MISC1-

Historical and Revision Notes

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

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

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.

applicable to Navy 169, Sec. 13 (as

JAG). applicable to Navy

JAG), 64 Stat. 147.

5 U.S.C. 441 (as July 1, 1918, ch.

applicable to JAG). 114, 40 Stat. 717

(1st sentence on p.

717, as applicable

to JAG).

5 U.S.C. 425a (as June 22, 1938, ch.

applicable to JAG). 567 (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

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

Section 8 of Pub. L. 90-179 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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5149 of this title.

-CITE-

10 USC Sec. 5149 01/06/03

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

Large)

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

5149(a) 5 U.S.C. 444 (less Aug. 29, 1916, ch.

last 19 words). 417 (3d par., 96th

through 121st

word), 39 Stat.

558.

5 U.S.C. 453 (as Mar. 4, 1925, ch.

applicable to Asst. 536, Sec. 15 (as

JAG). applicable to Asst.

JAG), 43 Stat.

1275.

5149(b) 5 U.S.C. 444 (last Aug. 29, 1916, ch.

19 words). 417 (3d par., 122d

word to end of

par.), 39 Stat.

558.

5149(c) 5 U.S.C. 432a (as Feb. 3, 1942, ch.

applicable to JAG). 35, 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.

-MISC5-

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.''

-CITE-

10 USC Sec. 5150 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5589, 6027, 12004 of this

title.

-CITE-

10 USC Sec. 5151 01/06/03

-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)

-CITE-

10 USC Sec. 5152 01/06/03

-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)

-CITE-

10 USC Sec. 5153 01/06/03

-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)

-CITE-

10 USC Sec. 5154 01/06/03

-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. Pub. L. 89-718, Sec. 35(5), Nov. 2, 1966, 80

Stat. 1120)

-MISC1-

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.

-CITE-

10 USC Sec. 5155 01/06/03

-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)

-CITE-