10 U.S.C. § 1521 — Posthumous commissions

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 appropriate commission in the name of a mem- ber of the armed forces who, after September 8, 1939— (1) was appointed to a commissioned grade but was unable to accept the appointment be- cause 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 ap- pointment because of death; or (3) was officially recommended for appoint- ment or promotion to a commissioned grade but was unable to accept the promotion or ap- pointment 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 exec- utive department concerned as if he had served in the grade, and branch if any, in which post- humously commissioned, from the date of the appointment, recommendation, or official rec- ommendation 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106–398, § 1 [[div. A], title V, § 505], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; Pub. L. 110–417, [div. A], title V, § 502(a), Oct. 14, 2008, 122 Stat. 4433.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1521(a) ..... 10:491a (words before semicolon). 10:491b (words before semicolon). 10:491c (words before semicolon). July 28, 1942, ch. 528, §§ 1–3, 56 Stat. 722, 723; July 17, 1953, ch. 220, § 1(a)–(c), 67 Stat. 176. 34:285b (words before semicolon). 34:285c (words before semicolon). 34:285d (words before semicolon). 1521(b) ..... 10:491a (words after semi- colon). 10:491b (words after semi- colon). 10:491c (words after semi- colon). 34:285b (words after semi- colon). 34:285c (words after semi- colon). 34:285d (words after semi- colon). In subsection (a), the words ‘‘a member of’’ are sub- stituted for the words ‘‘any person who, while in’’, in 10:491a, 491b, 491c, and 34:285b, 285c, and 285d. The words ‘‘armed forces’’ are substituted for the words ‘‘military service of the United States’’, in 10:491a, 491b, and 491c; and the words ‘‘naval service of the United States’’, in 34:285b, 285c, and 285d (which did not appear in the source statute for the revised section, as amended by the Act of July 17, 1953, ch. 220, § 1(b), 67 Stat. 177). The words ‘‘to such grade’’, in 10:491a and 34:285b, ‘‘receive or’’, in 10:491c and 34:285d, are omitted as surplusage. In subsection (b), the words ‘‘if any’’ are substituted for words ‘‘of the service’’. The words ‘‘appointment and’’, in 10:491b and 34:285c, and ‘‘appointment or pro- motion and’’, in 10:491c and 34:285d, are omitted as sur- plusage. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–417, § 502(a)(1), struck out ‘‘in line of duty’’ after ‘‘death’’ in pars. (1) to (3). Subsec. (c). Pub. L. 110–417, § 502(a)(2), added subsec. (c). 2000—Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 505(a)], struck out ‘‘and the recommendation for whose appointment or promotion was approved by the Secretary concerned’’ after ‘‘commissioned grade’’. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 505(b)], substituted ‘‘official recommendation’’ for ‘‘approval’’ in two places. Statutory Notes and Related Subsidiaries DETERMINATION OF DATE OF DEATH UNDER MISSING PERSONS ACT Act July 28, 1942, ch. 528, § 5, as added July 17, 1953, ch. 220, § 1(e), 67 Stat. 177, provided that for purposes of this chapter, in any case where the date of death is estab- lished under the Missing Persons Act, as amended, the date of death is the date of receipt by the head of the department concerned of evidence that the person is dead, or the date the finding of death is made under section 5 of that Act, prior to repeal by Pub. L. 89–718, Page 1435 TITLE 10—ARMED FORCES § 1524 § 12(b), Nov. 2, 1966, 80 Stat. 1117. See section 1524 of this title. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under sub- sec. (a) of this section, see sections 1(a) and 2(a) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President. § 1522. Posthumous warrants (a) The Secretary concerned may issue, or have issued, an appropriate warrant in the name of a member of the armed forces who, after Sep- tember 8, 1939, was officially recommended for appointment or promotion to a grade other than a commissioned grade but was unable to accept the appointment or promotion because of death. (b) A warrant issued under subsection (a) shall issue as of the date of the recommendation, 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 to which posthumously appointed or promoted from the date of the recommendation to the date of his death. (c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade. (Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 110–417, [div. A], title V, § 502(b), Oct. 14, 2008, 122 Stat. 4433.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1522(a) ..... 10:612 (words before semi- colon). 34:285e (words before semicolon). July 28, 1942, ch. 528, § 4, 56 Stat. 723; July 17, 1953, ch. 220, § 1 (a)–(d), 67 Stat. 176. 1522(b) ..... 10:612 (words after semi- colon). 34:285e (words after semi- colon). In subsection (a), the words ‘‘a member of’’ are sub- stituted for the words ‘‘any person who, while in’’, in 10:612 and 34:285e. The words ‘‘armed forces’’ are sub- stituted for the words ‘‘the military service of the United States’’, in 10:612; and ‘‘the naval service of the United States’’, in 34:285e (which did not appear in the source statute for the revised section, as amended by the act of July 17, 1953, ch. 220, § 1(b), 67 Stat. 177). The words ‘‘other than a commissioned grade’’ are sub- stituted for the words ‘‘noncommissioned grade’’ to make it clear that the revised section covers warrant officers. The words ‘‘receive or’’ are omitted as surplus- age. In subsection (b), the words ‘‘appointment or pro- motion’’, ‘‘and branch of the service’’, ‘‘official’’, and ‘‘by such warrant’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–417, § 502(b)(1), struck out ‘‘in line of duty’’ before period at end. Subsec. (c). Pub. L. 110–417, § 502(b)(2), added subsec. (c). § 1523. Posthumous commissions and warrants: effect on pay and allowances No person is entitled to any bonus, gratuity, pay, or allowance because of a posthumous com- mission or warrant. (Aug. 10, 1956, ch. 1041, 70A Stat. 116.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1523 ......... 10:491d. 34:285f. July 28, 1942, ch. 528, § 6, 56 Stat. 723; July 17, 1953, ch. 220, § 1(e) (1st 7 words), 67 Stat. 177. The word ‘‘receive’’ is omitted as surplusage. The words ‘‘because of a posthumous commission or war- rant’’ are substituted for the words ‘‘by virtue of any provision of sections 491a–491d [285b–285d] and 612 [285e] of this title’’, in 10:491d and 34:285f. § 1524. Posthumous commissions and warrants: determination of date of death 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, the date of death is the date the Sec- retary concerned receives evidence that the per- son is dead, or the date the finding of death is made under section 555 of title 37. (Added Pub. L. 89–718, § 12(a)(1), Nov. 2, 1966, 80 Stat. 1117.) CHAPTER 79—CORRECTION OF MILITARY RECORDS Sec. 1551. Correction of name after separation from service under an assumed name. 1552. Correction of military records: claims inci- dent thereto. 1553. Review of discharge or dismissal. 1553a. Review of a request for upgrade of discharge or dismissal. 1554. Review of retirement or separation without pay for physical disability. 1554a. Review of separation with disability rating of 20 percent disabled or less. 1554b. Confidential review of characterization of terms of discharge of members of the armed forces who are victims of sex-related of- fenses. 1555. Professional staff. 1556. Ex parte communications prohibited. 1557. Timeliness standards for disposition of appli- cations before Corrections Boards. 1558. Review of actions of selection boards: correc- tion of military records by special boards; judicial review. 1559. Personnel limitation. Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, div. A, title V, § 523(b)(1), Dec. 20, 2019, 133 Stat. 1354, added item 1553a. 2017—Pub. L. 115–91, div. A, title V, § 522(a)(2), Dec. 12, 2017, 131 Stat. 1380, added item 1554b. 2008—Pub. L. 110–181, div. A, title XVI, § 1643(a)(2), Jan. 28, 2008, 122 Stat. 467, added item 1554a. 2002—Pub. L. 107–314, div. A, title V, § 552(b), Dec. 2, 2002, 116 Stat. 2552, added item 1559. 2001—Pub. L. 107–107, div. A, title V, § 503(a)(2), Dec. 28, 2001, 115 Stat. 1083, added item 1558. 1998—Pub. L. 105–261, div. A, title V, §§ 542(a)(2), 543(a)(2), 544(b), Oct. 17, 1998, 112 Stat. 2020–2022, added items 1555 to 1557.