-CITE-

10 USC CHAPTER 551 - OFFICERS IN COMMAND 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

.

-HEAD-

CHAPTER 551 - OFFICERS IN COMMAND

-MISC1-

Sec.

(5941. Repealed.)

5942. Aviation commands: eligibility.

5943. Naval shipyards.

5944. Marine Corps officers: limitation on power to command.

5945. Staff corps officers: limitation on power to command.

5946. Precedence accorded commanding officers.

5947. Requirement of exemplary conduct.

5948. Consular powers: senior officer present afloat.

5949. Policy as to leave and liberty.

(5950. Repealed.)

5951. Continuation of authority after loss of vessel or aircraft.

5952. Marine Corps organizations on vessels: authority of officers.

(5953 to 5955. Repealed.)

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 503(41), Dec. 12, 1980, 94

Stat. 2914, struck out item 5955 ''Retired officers withdrawn from

command''.

1968 - Pub. L. 90-235, Sec. 5(a)(4), (b)(2), Jan. 2, 1968, 81

Stat. 761, struck out item 5941 ''Assignment to command:

regulations'', item 5950 ''Exemption from Supply Corps duties'',

item 5953 ''Executive officer: assignment; authority'', and item

5954 ''Command: when different commands of Marine Corps and Army or

Air Force join''.

-CITE-

10 USC Sec. 5941 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

(Sec. 5941. Repealed. Pub. L. 90-235, Sec. 5(b)(1), Jan. 2, 1968,

81 Stat. 761)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 371, authorized

President to prescribe regulations governing the assignment of

officers to command fleets, subdivisions of fleets, and vessels.

-CITE-

10 USC Sec. 5942 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5942. Aviation commands: eligibility

-STATUTE-

(a) To be eligible to command an aircraft carrier or an aircraft

tender, an officer must be an officer in the line of the Navy who

is designated as a naval aviator or naval flight officer and who is

otherwise qualified.

(b) To be eligible to command a naval aviation school, a naval

air station, or a naval aviation unit organized for flight tactical

purposes, an officer must be an officer in the line of the Navy

designated as a naval aviator or naval flight officer.

(c) To be eligible to command a Marine Corps aviation school, a

Marine Corps air station, or a Marine Corps aviation unit organized

for flight tactical purposes, an officer must be an officer of the

Marine Corps designated as a naval aviator or naval flight officer.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 371; Pub. L. 91-198, Sec. 1(1),

Feb. 26, 1970, 84 Stat. 15.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5942(a) 34 U.S.C. 735 (5th June 24, 1926, ch.

par.). 668, Sec. 3 (5th

par.), 44 Stat.

767.

5942(b) 34 U.S.C. 735 (4th June 24, 1926, ch.

par.). 668, Sec. 3 (4th

par.), 44 Stat.

767.

5942(c) 34 U.S.C. 735 (7th June 24, 1926, ch.

par.). 668, Sec. 3 (7th

par.), 44 Stat.

767.

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

The last proviso of Sec. 8 of the Act of July 12, 1921, ch. 44

(34 U.S.C. 734), was superseded by paragraphs 4, 5, and 7 of Sec. 3

of the Act of June 24, 1926, ch. 668 (34 U.S.C. 735), insofar as

ships and activities mentioned in those paragraphs are concerned.

The requirements of this section are stated as conditions of

eligibility for clarity.

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-198 substituted ''naval flight

officer'' for ''naval aviation observer''.

Subsecs. (b), (c). Pub. L. 91-198 inserted ''or naval flight

officer'' after ''naval aviator''.

-CITE-

10 USC Sec. 5943 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5943. Naval shipyards

-STATUTE-

Commanders of naval shipyards may be selected by the President

from officers of the Navy not below the grade of commander.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 371.)

-MISC1-

Historical and Revision Notes

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

Large)

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5943 34 U.S.C. 501. R.S. 1542.

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

The words ''Commanders of naval shipyards'' are substituted for

the words ''commandants of the several navy yards'' to conform to

present terminology. The words ''of the Navy'' are inserted for

clarity.

-CITE-

10 USC Sec. 5944 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5944. Marine Corps officers: limitation on power to command

-STATUTE-

Officers of the Marine Corps may not command vessels or naval

shipyards.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 371.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5944 34 U.S.C. 713. R.S. 1617.

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

The words ''of the United States'' are omitted as surplusage.

The word ''command'' is substituted for the words ''exercise

command over any''.

-CITE-

10 USC Sec. 5945 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5945. Staff corps officers: limitation on power to command

-STATUTE-

An officer in a staff corps may command only such activities as

are appropriate to his corps.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 371; Pub. L. 90-130, Sec.

1(21), Nov. 8, 1967, 81 Stat. 380.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5945 34 U.S.C. 253. R.S. 1488; Mar. 3,

1899, ch. 413, Sec.

7 (3d proviso of 2d

sentence, and 3d

sentence), 30 Stat.

1006; June 24,

1910, ch. 378, 36

Stat. 614 (3d

proviso).

34 U.S.C. 30h (1st Aug. 4, 1947, ch.

23 words). 459, Sec. 207 (1st

23 words), 61 Stat.

738; renumbered

Sec. 206, Aug. 7,

1947, ch. 512, Sec.

433(b), 61 Stat.

881.

34 U.S.C. 43d Apr. 16, 1947, ch.

(proviso). 38, Sec. 205

(proviso), 61 Stat.

48.

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

The provision of Sec. 7 of the Act of March 3, 1899 (supra),

relating to relative rank is omitted as executed. The provision

that the rank conferred upon staff corps officers shall not change

their titles is omitted because these titles were abolished by Sec.

405 of the Officer Personnel Act of 1947 (34 U.S.C. 10a) and the

corresponding line grades substituted. The cited proviso in the

Act of June 24, 1910 (34 U.S.C. 253 (proviso)) is omitted as

obsolete because the officers referred to were officers of the

Construction Corps which has been abolished.

The first sentence of this section is phrased so as to reflect

the accepted meaning of the cited provision. 34 U.S.C. 253, as

worded, if interpreted literally, could be held to prohibit, for

example, the assignment of members of the Medical Service Corps,

Nurse Corps, and Hospital Corps to duty under officers of the

Medical Corps, despite the fact that all of these corps were

established by law within the Medical Department of the Navy. The

provision is not so interpreted. It is understood to restrict only

the types of activities that staff corps officers may command, and

not to restrict to a single corps the personnel who may be assigned

to an activity commanded by a staff corps officer.

AMENDMENTS

1967 - Pub. L. 90-130 struck out provision that an officer in the

Nurse Corps may not exercise command.

-CITE-

10 USC Sec. 5946 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5946. Precedence accorded commanding officers

-STATUTE-

The commanding officer of a vessel or of a naval station takes

precedence over all officers under his command.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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5946 34 U.S.C. 246. R.S. 1468.

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

The word ''placed'' is omitted as surplusage. The words ''of

war'' are omitted to avoid an erroneous implication that the

section does not apply to the commanding officers of noncombatant

ships of the Navy. As of the date of enactment of R.S. 1468, all

vessels of the Navy were ''vessels of war''; the elimination of the

words, therefore, preserves the purpose of the statute.

-CITE-

10 USC Sec. 5947 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5947. Requirement of exemplary conduct

-STATUTE-

All commanding officers and others in authority in the naval

service are required to show in themselves a good example of

virtue, honor, patriotism, and subordination; to be vigilant in

inspecting the conduct of all persons who are placed under their

command; to guard against and suppress all dissolute and immoral

practices, and to correct, according to the laws and regulations of

the Navy, all persons who are guilty of them; and to take all

necessary and proper measures, under the laws, regulations, and

customs of the naval service, to promote and safeguard the morale,

the physical well-being, and the general welfare of the officers

and enlisted persons under their command or charge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5947 34 U.S.C. 265. May 5, 1950, ch.

169, Sec. 7(c), 64

Stat. 146.

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

-CITE-

10 USC Sec. 5948 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5948. Consular powers: senior officer present afloat

-STATUTE-

In any foreign port where there is no resident consul of the

United States, or on the high seas, the senior officer present

afloat has the powers of a consul in relation to mariners of the

United States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5948 34 U.S.C. 217. R.S. 1433.

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

The words ''the senior officer present afloat'' are substituted

for the words ''The commanding officer of any fleet, squadron, or

vessel acting singly''. At the time of enactment of the Revised

Statutes, the word ''squadron'' meant any number of vessels more

than one. Today the concept of ''senior officer present afloat''

covers as nearly as possible the current equivalent of the original

statute.

-CITE-

10 USC Sec. 5949 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5949. Policy as to leave and liberty

-STATUTE-

The commanding officer of a vessel shall favor the faithful and

obedient in granting leave and liberty.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5949 34 U.S.C. 220. R.S. 1431.

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

The words ''to exercise carefully a discrimination in'' are

omitted as surplusage. The words ''leave and liberty'' are

substituted for ''temporary leave of absence and liberty on shore''

to conform to modern terminology.

-CITE-

10 USC Sec. 5950 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

(Sec. 5950. Repealed. Pub. L. 90-235, Sec. 5(b)(1), Jan. 2, 1968,

81 Stat. 761)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 372, provided

that the commanding officer of a vessel could not be required to

perform the duties of an officer in the Supply Corps.

-CITE-

10 USC Sec. 5951 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5951. Continuation of authority after loss of vessel or

aircraft

-STATUTE-

If the crew of any naval vessel or naval aircraft are separated

from their vessel or aircraft because of its wreck, loss, or

destruction, all the command and authority given to the officers of

the vessel or aircraft remain in full force until the crew are

discharged or reassigned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5951 34 U.S.C. 264. May 5, 1950, ch.

169, Sec. 7(a), 64

Stat. 145.

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

The word ''officers'' is substituted for the word ''officer''

since the cited subsection of the Act of May 5, 1950, was intended

to reenact the substance of Article 21 of the Articles for the

Government of the Navy (R.S. 1624; 34 U.S.C. 1200), in which the

word ''officers'' was used. The words ''regularly'' and ''by

competent authority'' are omitted as surplusage.

-CITE-

10 USC Sec. 5952 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

Sec. 5952. Marine Corps organizations on vessels: authority of

officers

-STATUTE-

When an organization of the Marine Corps is embarked in any

vessel, not as part of the authorized complement of the vessel, the

authority of the officers of that organization is the same as

though the organization were serving at a naval station. However,

this section does not impair the paramount authority of the

commanding officer of a vessel over the vessel and all persons

embarked in it.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 372.)

-MISC1-

Historical and Revision Notes

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

Large)

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

5952 34 U.S.C. 623c. May 5, 1950, ch.

169, Sec. 7(b), 64

Stat. 145.

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

The words ''organization of the Marine Corps'' are substituted

for ''force of marines'' for clarity. The words ''or vessels'',

''and powers'', ''on shore'', and ''under his command'' are omitted

as surplusage.

-CITE-

10 USC Sec. 5953, 5954 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

(Sec. 5953, 5954. Repealed. Pub. L. 90-235, Sec. 5(a)(2), (b)(1),

Jan. 2, 1968, 81 Stat. 761)

-MISC1-

Section 5953, act Aug. 10, 1956, ch. 1041, 70A Stat. 372,

provided for the assignment and authority of executive officers of

vessels or naval stations.

Section 5954, act Aug. 10, 1956, ch. 1041, 70A Stat. 373,

provided for command when different commands of the Marine Corps

and the Army or the Marine Corps and the Air Force joined or served

together. See section 747 of this title.

-CITE-

10 USC Sec. 5955 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 551 - OFFICERS IN COMMAND

-HEAD-

(Sec. 5955. Repealed. Pub. L. 96-513, title III, Sec. 361(a), Dec.

12, 1980, 94 Stat. 2902)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 373, directed

that retired officers of the Navy be withdrawn from command. See

section 750 of this title.

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-