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10 U.S.C. § 1521 — Posthumous commissions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President may issue, or have issued, an appropriate commission in the name of a member of the armed forces who, after September 8, 1939—
(1) was appointed to a commissioned grade but was unable to accept the appointment because of death;
(2) successfully completed the course at an officers’ training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of the school but was unable to accept the appointment because of death; or
(3) was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the promotion or appointment because of death.
**(b)** A commission issued under subsection (a) shall issue as of the date of the appointment, recommendation, or official recommendation, as the case may be, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade, and branch if any, in which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of his death.
**(c)** A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.
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Source location: Title 10, Chapter 77, § 1521; chapter-077-posthumous-commissions-and-warrants.md
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**(a)** The President may issue, or have issued, an appropriate commission in the name of a member of the armed forces who, after September 8, 1939—
(1) was appointed to a commissioned grade but was unable to accept the appointment because of death;
(2) successfully completed the course at an officers’ training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of the school but was unable to accept the appointment because of death; or
(3) was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the promotion or appointment because of death.
**(b)** A commission issued under subsection (a) shall issue as of the date of the appointment, recommendation, or official recommendation, as the case may be, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade, and branch if any, in which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of his death.
**(c)** A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under [section 551–558 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section551–558&num=0&edition=prelim), the date of death is the date the Secretary concerned receives evidence that the person is dead, or the date the finding of death is made under [section 555 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section555&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1524
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1434
TITLE 10—ARMED FORCES
§ 1521
a missing person’’ for ‘‘, under the circumstances speci-
fied in the last sentence of section 1509(a) of this title’’
in concluding provisions.
1997—Par. (1). Pub. L. 105–85, § 599(a)(4), amended par.
(1) generally. Prior to amendment, par. (1) read as fol-
lows: ‘‘The term ‘missing person’ means a member of
the armed forces on active duty who is in a missing sta-
tus.’’
Par. (8). Pub. L. 105–85, § 599(b)(2), added par. (8).
1996—Par. (1). Pub. L. 104–201, § 578(a)(4), amended par.
(1) generally. Prior to amendment, par. (1) read as fol-
lows: ‘‘The term ‘missing person’ means—
‘‘(A) a member of the Armed Forces on active duty
who is in a missing status; or
‘‘(B) a civilian employee of the Department of De-
fense or an employee of a contractor of the Depart-
ment of Defense who serves with or accompanies the
Armed Forces in the field under orders and who is in
a missing status.’’
Par. (8). Pub. L. 104–201, § 578(b)(3), struck out par. (8)
which read as follows: ‘‘The term ‘theater component
commander’ means, with respect to any of the combat-
ant commands, an officer of any of the armed forces
who (A) is commander of all forces of that armed force
assigned to that combatant command, and (B) is di-
rectly subordinate to the commander of the combatant
command.’’
CHAPTER 77—POSTHUMOUS COMMISSIONS
AND WARRANTS
Sec.
1521.
Posthumous commissions.
1522.
Posthumous warrants.
1523.
Posthumous commissions and warrants: ef-
fect on pay and allowances.
1524.
Posthumous commissions and warrants: de-
termination of date of death.
Editorial Notes
AMENDMENTS
1966—Pub. L. 89–718, § 12(a)(2), Nov. 2, 1966, 80 Stat.
1117, added item 1524.
§ 1521. Posthumous commissions
(a) The President may issue, or have issued, an
ap
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1521
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