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10 USC CHAPTER 537 - ENLISTMENTS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 537 - ENLISTMENTS

.

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CHAPTER 537 - ENLISTMENTS

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Sec.

(5531 to 5539. Repealed.)

5540. Expiration: rights of member.

AMENDMENTS

1968 - Pub. L. 90-235, Sec. 2(a)(3), (b), Jan. 2, 1968, 81 Stat.

756, struck out item 5531 ''Recruiting campaigns: use of

advertising agencies'', item 5532 ''Prohibited classes'', item 5533

''Minors'', item 5534 ''Term: grade'', item 5535 ''Evidence of age

required for certain enlistments of minors'', item 5537

''Extension: during disability incident to service'', item 5538

''Extension: during war or national emergency'', and item 5539

''Extension: voluntary, period and benefits.''

1958 - Pub. L. 85-861, Sec. 1(115), Sept. 2, 1958, 72 Stat. 1493,

struck out item 5536 ''Extension: time lost through misconduct or

unauthorized absence''.

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10 USC Sec. 5531 to 5535 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 537 - ENLISTMENTS

-HEAD-

(Sec. 5531 to 5535. Repealed. Pub. L. 90-235, Sec. 2(a)(3), (b),

Jan. 2, 1968, 81 Stat. 756)

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Section 5531, act Aug. 10, 1956, ch. 1041, 70A Stat. 318,

provided for recruiting campaigns to obtain enlistments in the

Regular Navy and the Regular Marine Corps.

Section 5532, act Aug. 10, 1956, ch. 1041, 70A Stat. 318, set

forth classes of persons prohibited from enlisting in the naval

service.

Section 5533, act Aug. 10, 1956, ch. 1041, 70A Stat. 318,

provided for enlistment of minors in naval service.

Section 5534, act Aug. 10, 1956, ch. 1041, 70A Stat. 318, set

forth term of enlistments in Regular Navy or Regular Marine Corps

and provided that Secretary of Navy could prescribe grades or

ratings in which such enlistments could be made.

Section 5535, act Aug. 10, 1956, ch. 1041, 70A Stat. 319,

required evidence of age for enlistment of minors in Regular Navy

as seamen, seamen apprentices or seamen recruits.

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10 USC Sec. 5536 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 537 - ENLISTMENTS

-HEAD-

(Sec. 5536. Repealed. Pub. L. 85-861, Sec. 36B(13), Sept. 2, 1958,

72 Stat. 1571)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 319, related to

extension of service by reason of time lost through misconduct or

unauthorized absence. See section 972(a) of this title.

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10 USC Sec. 5537 to 5539 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 537 - ENLISTMENTS

-HEAD-

(Sec. 5537 to 5539. Repealed. Pub. L. 90-235, Sec. 2(a)(3), Jan. 2,

1968, 81 Stat. 756)

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Section 5537, act Aug. 10, 1956, ch. 1041, 70A Stat. 319,

provided for extension of naval service during disability incident

to service.

Section 5538, act Aug. 10, 1956, ch. 1041, 70A Stat. 319,

provided for extension of enlistments in Regular Navy or Regular

Marine Corps during war or national emergency.

Section 5539, acts Aug. 10, 1956, ch. 1041, 70A Stat. 320; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(116), 72 Stat. 1493; Sept. 7, 1962,

Pub. L. 87-649, Sec. 14c(27), 76 Stat. 501, provided for voluntary

extension or re-extension of enlistments in Regular Navy or Regular

Marine Corps.

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10 USC Sec. 5540 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 537 - ENLISTMENTS

-HEAD-

Sec. 5540. Expiration: rights of member

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(a) The senior officer present afloat in foreign waters shall

send to the United States by Government or other transportation as

soon as possible each enlisted member of the naval service who is

serving on a naval vessel, whose term of enlistment has expired,

and who desires to return to the United States. However, when the

senior officer present afloat considers it essential to the public

interest, he may retain such a member on active duty until the

vessel returns to the United States.

(b) Each member retained under this section -

(1) shall be discharged not later than 30 days after his

arrival in the United States; and

(2) except in time of war is entitled to an increase in basic

pay of 25 percent.

(c) The substance of this section shall be included in the

enlistment contract of each person enlisting in the naval service.

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(Aug. 10, 1956, ch. 1041, 70A Stat. 320.)

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Historical and Revision Notes

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

Large)

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5540 34 U.S.C. 201. R.S. 1422; Mar. 3,

1875, ch. 155, 18

Stat. 484.

34 U.S.C. 201a. Aug. 18, 1941, ch.

364, Sec. 4, 55

Stat. 630.

34 U.S.C. 201b. Dec. 13, 1941, ch.

570, Sec. 2, 55

Stat. 799.

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

In subsection (a) the words ''the senior officer present afloat''

are substituted for the words ''the commanding officer of any

fleet, squadron, or vessel acting singly'' to modernize the

terminology. At the time of the enactment of the Revised Statutes

the word ''squadron'' meant an organization of any number of

vessels more than one, so that all cases were covered by R.S. 1422.

The concept of ''senior officer present afloat'', today, covers as

nearly as possible the current equivalent of the concept in the

original section. The words ''in foreign waters'' are inserted to

conform to the interpretation of the Supreme Court in Wilkes v.

Dinsman, 7 How. 89 (1849). The words ''on service'' are omitted, as

they have no current ascertainable meaning. The words ''by

Government or other transportation'' are substituted for the words

''in some public or other vessel'', since this provision is

interpreted as directing transportation by either ship or

aircraft. The words ''to the United States'' are substituted for

the words ''to an Atlantic or to a Pacific port of the United

States, as their enlistment may have occurred on either the

Atlantic or Pacific coast, of the United States'' because aircraft

now land at inland airports as well as coastal airports and the

duty to return an enlisted member to the United States under this

provision is considered complete upon the member's arrival in the

United States. The extensive transportation system in the United

States presently obviates the necessity of returning a member to a

particular area. Furthermore, under 37 U.S.C. 253, the Government

bears the cost of transporting the discharged member to his home or

to the place from which he was called to active duty. The words

''enlisted member of the naval service'' are substituted for the

words ''all petty officers and persons of inferior ratings'' in

accordance with present terminology. Members of the Marine Corps

are included because of interpretations of the Comptroller General,

in construing the language of the statute. (14 Comp. Gen. 807, 808,

May 1, 1935.) The reference to persons enlisted without the limits

of the United States is omitted as unnecessary, since return to the

United States is optional with the member and the basic rule

applies irrespective of place of enlistment. The language

requiring that persons who are detained or sent home be subject to

the laws and regulations for the Government of the Navy is omitted

as unnecessary in view of the Uniform Code of Military Justice. The

provision referring to reentry to serve until the vessel returns to

the United States is omitted because no law authorizes entry or

reentry into the service for this restricted purpose.

In subsection (b) the words ''an increase in basic pay of 25

percent'' are substituted for the words ''an addition of one-fourth

of their former pay'' in conformity with the Career Compensation

Act of 1949. 34 U.S.C. 201b permanently suspended the detention pay

increase in time of war and this effect is expressed in subsection

(b)(2) by the words ''except in time of war''. 34 U.S.C. 201a,

declaring that the pay addition authorized by this section does not

apply to enlistments extended under other provisions of law, is

omitted as unnecessary, since the increased pay provision is

specifically limited to detentions under this section.

In subsection (c) the term ''enlistment contract'' is substituted

for the term ''shipping-articles'' to conform to present

terminology.

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