10 U.S.C. § 8118 — Rank of line and staff corps officers of the

Page 3184 TITLE 10—ARMED FORCES § 8113 1991—Pub. L. 102–190 substituted ‘‘W–5’’ for ‘‘W–4’’ in section catchline and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title. § 8113. Navy and Marine Corps: warrant officer grades The warrant officer grades in the Navy and the Marine Corps are: (1) Chief warrant officer, W–5. (2) Chief warrant officer, W–4. (3) Chief warrant officer, W–3. (4) Chief warrant officer, W–2. (5) Warrant officer, W–1. (Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5503; Pub. L. 102–190, div. A, title XI, § 1131(9), Dec. 5, 1991, 105 Stat. 1506; renumbered § 8113, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5503 ......... 34 U.S.C. 135a(a) (less last sentence). May 29, 1954, ch. 249, § 3(a) (less 3d and last sentence), 68 Stat. 157. This section is included in subtitle C for complete- ness and clarity. In duplicates, in part, §§ 555 and 597 of this title, which cover, respectively, the ‘‘permanent regular warrant officer grades’’ and the ‘‘permanent re- serve warrant officer grades’’ in the armed forces. The concept that regular grades differ from reserve grades and that a grade held under a permanent appointment differs from the grade of the same name held under a temporary appointment is foreign to the naval service. In the Navy and the Marine Corps, all officers serving, for example, in the grade of chief warrant officer, W–4, are considered to be serving in the same grade regard- less of whether they are Regulars or Reserves and re- gardless of whether they are temporary or permanent officers holding temporary or permanent appointments in that grade. This section, therefore, lists the four warrant officer grades as applicable to all warrant offi- cers of the naval service. Reference to the pay grades corresponding to the military grades is omitted as unnecessary for the pur- pose of this section. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5503 of this title as this section. 1991—Pub. L. 102–190 added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title. § 8118. Rank of line and staff corps officers of the Navy and officers of the Marine Corps Except for an officer entitled to a rank higher than his grade, line and staff corps officers of the Navy serving in the same grade and officers of the Marine Corps serving in the corresponding grade rank among themselves according to their respective dates of rank in grade whether or not they are on an active-duty list. (Aug. 10, 1956, ch. 1041, 70A Stat. 317, § 5508; Pub. L. 90–179, § 4, Dec. 8, 1967, 81 Stat. 547; Pub. L. 96–513, title V, § 503(27), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8118, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5508 ......... 34 U.S.C. 306f(d)(2). Aug. 7, 1947, ch. 512, § 311(d)(2), 61 Stat. 852; Aug. 5, 1949, ch. 402, § 1(c), 63 Stat. 568. The word ‘‘rank’’ is substituted for the words ‘‘take precedence’’ throughout the section for uniformity of expression. In subsection (a) the first sentence is broadened to in- clude officers of the Marine Corps and officers not on a lineal list. Inclusion of the Marine Corps is possible be- cause the sentence reflects the rule referred to by the Attorney General (25 Op. Atty. Gen. 517) as ‘‘an unwrit- ten law of the Army and Navy’’ as to relative rank be- tween officers in different services. Officers not on a lineal list may properly be included since the state- ment is consistent with the provisions for assigning lineal position to such officers when they become enti- tled to be placed on a list. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5508 of this title as this section. 1980—Pub. L. 96–513 struck out designation ‘‘(a)’’ be- fore ‘‘Except for an officer’’, substituted ‘‘an active- duty list’’ for ‘‘a lineal list’’, struck out sentence which had provided that a staff corps officer with the same date of rank as his running mate ranked above all line and staff corps officers junior to his running mate, and struck out subsec. (b) which had provided for a hier- archy of 9 categories of officers of the Navy to be used in ranking officers of the Navy on active duty serving in the same grade and having the same date of rank in that grade. 1967—Subsec. (b). Pub. L. 90–179 added par. (6) and re- numbered former pars. (6), (7), and (8) as pars. (7), (8), and (9), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. Page 3185 TITLE 10—ARMED FORCES § 8120 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. CHAPTER 813—ENLISTMENTS Sec. 8120. Expiration: rights of member. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(2)(B), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838 redesignated chapter 537 of this title as this chapter and item 5540 as 8120. 1968—Pub. L. 90–235, § 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 inci- dent to service’’, item 5538 ‘‘Extension: during war or national emergency’’, and item 5539 ‘‘Extension: vol- untary, period and benefits.’’ 1958—Pub. L. 85–861, § 1(115), Sept. 2, 1958, 72 Stat. 1493, struck out item 5536 ‘‘Extension: time lost through misconduct or unauthorized absence’’. § 8120. Expiration: rights of member (a) The senior officer present afloat in foreign waters shall send to the United States by Gov- ernment or other transportation as soon as pos- sible each enlisted member of the naval service who is serving on a naval vessel, whose term of enlistment has expired, and who desires to re- turn to the United States. However, when the senior officer present afloat considers it essen- tial 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 in- crease in basic pay of 25 percent. (c) The substance of this section shall be in- cluded in the enlistment contract of each person enlisting in the naval service. (Aug. 10, 1956, ch. 1041, 70A Stat. 320, § 5540; re- numbered § 8120, Pub. L. 115–232, div. A, title VIII, § 807(b)(3), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 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, § 4, 55 Stat. 630. 34 U.S.C. 201b. Dec. 13, 1941, ch. 570, § 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 en- actment 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 for- eign waters’’ are inserted to conform to the interpreta- tion 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 en- listment 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 com- plete 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 trans- porting 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 sub- stituted for the words ‘‘all petty officers and persons of inferior ratings’’ in accordance with present termi- nology. Members of the Marine Corps are included be- cause 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 op- tional with the member and the basic rule applies irre- spective 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 re- entry 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 addi- tion 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. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5540 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 815—ORIGINAL APPOINTMENTS Sec. 8132. Regular Navy: transfers, line and staff corps. 8135. Regular Marine Corps: order of filling vacan- cies in grade of second lieutenant. [8137. Repealed.] 8138. Regular Marine Corps: judge advocates. 8139. Regular Navy and Regular Marine Corps: offi- cers designated for limited duty.