10 U.S.C. § 7251 — Presentation of United States flag upon

Page 3012 TITLE 10—ARMED FORCES § 7239 feiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs’’, item 3633 ‘‘Commissioned officers: forfeiture of pay when dropped from rolls’’, and item 3636 ‘‘Enlisted members: pay and allowances not to accrue during suspended sentence of dishonorable discharge’’. 1968—Pub. L. 90–235, §§ 6(a)(8), 7(b)(2), Jan. 2, 1968, 81 Stat. 762, 763, struck out item 3631 ‘‘Dealing in quarter- master supplies prohibited’’, item 3635 ‘‘Enlisted mem- bers: restriction on civilian employment’’, and item 3637 ‘‘Enlisted members: forfeiture of right to pension by deserters’’. 1958—Pub. L. 85–861, § 1(88), Sept. 2, 1958, 72 Stat. 1482, struck out item 3638. § 7239. Enlisted members: officers not to use as servants No officer of the Army may use an enlisted member of the Army as a servant. (Aug. 10, 1956, ch. 1041, 70A Stat. 208, § 3639; re- numbered § 7239, Pub. L. 115–232, div. A, title VIII, § 808(b)(8), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3639 ......... 10:608. R.S. 1232. The words ‘‘in any case whatever’’ are omitted as sur- plusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3639 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 733—MISCELLANEOUS RIGHTS AND BENEFITS Sec. 7251. Presentation of United States flag upon re- tirement. 7252. Service credit: regular enlisted members; service as an officer to be counted as en- listed service. 7253. Flying officer rating: qualifications. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 353 of this title as this chapter and items 3681, 3684, and 3691 as 7251, 7252, and 7253, respectively. 1998—Pub. L. 105–261, div. A, title VI, § 644(a)(2), Oct. 17, 1998, 112 Stat. 2048, added item 3681. 1994—Pub. L. 103–337, div. A, title XVI, § 1672(b)(6), Oct. 5, 1994, 108 Stat. 3015, struck out item 3686 ‘‘Mem- bers of Army National Guard of United States: credit for service as members of Army National Guard’’. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(i), Nov. 14, 1986, 100 Stat. 3877, struck out item 3687 ‘‘Com- pensation: members of Army other than of Regular Army; when same as that provided for members of Reg- ular Army’’. 1985—Pub. L. 99–145, title XIII, § 1301(b)(1)(B), Nov. 8, 1985, 99 Stat. 735, struck out item 3683 ‘‘Service credit: certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department to be counted’’. 1980—Pub. L. 96–513, title V, § 512(7), Dec. 12, 1980, 94 Stat. 2929, struck out item 3689 ‘‘Assignments and allot- ments of pay’’. 1971—Pub. L. 92–168, § 1(2), Nov. 24, 1971, 85 Stat. 489, struck out item 3692 ‘‘Pilot rating in time of peace: qualifications’’. 1968—Pub. L. 90–235, §§ 6(a)(3), 7(a)(4), (b)(3), Jan. 2, 1968, 81 Stat. 762, 763, struck out item 3682 ‘‘Service credit: officers; service as cadet not counted’’, item 3685 ‘‘Regular Army; Army Reserve: female members; defi- nition of ‘dependents’ ’’, item 3690 ‘‘Exemption from ar- rest for debt: enlisted members’’, and item 3693 ‘‘Re- placement of certificate of discharge’’. 1958—Pub. L. 85–861, § 1(91), Sept. 2, 1958, 72 Stat. 1482, struck out items 3681 ‘‘Army Register: regular officers; service to be listed’’ and 3688 ‘‘Death Gratuity’’. Statutory Notes and Related Subsidiaries ESTABLISHMENT OF BREASTFEEDING POLICY FOR THE DEPARTMENT OF THE ARMY Pub. L. 114–92, div. A, title V, § 527, Nov. 25, 2015, 129 Stat. 813, provided that: ‘‘The Secretary of the Army shall develop a comprehensive policy regarding breastfeeding by female members of the Army who are breastfeeding. At a minimum, the policy shall address the following: ‘‘(1) The provision of a designated room or area that will provide the member with adequate privacy and cleanliness and that includes an electrical outlet to facilitate the use of a breast pump. Restrooms should not be considered an appropriate location. ‘‘(2) An allowance for appropriate breaks, when practicable, to permit the member to breastfeed or utilize a breast pump.’’ § 7251. Presentation of United States flag upon retirement (a) PRESENTATION OF FLAG.—Upon the release of a member of the Army from active duty for retirement, the Secretary of the Army shall present a United States flag to the member. (b) MULTIPLE PRESENTATIONS NOT AUTHOR- IZED.—A member is not eligible for a presen- tation of a flag under subsection (a) if the mem- ber has previously been presented a flag under this section or any other provision of law pro- viding for the presentation of a United States flag incident to release from active service for retirement. (c) NO COST TO RECIPIENT.—The presentation of a flag under this section shall be at no cost to the recipient. (Added Pub. L. 105–261, div. A, title VI, § 644(a)(1), Oct. 17, 1998, 112 Stat. 2048, § 3681; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 7251, Pub. L. 115–232, div. A, title VIII, § 808(b)(9), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3681 of this title as this section. 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘under this section or any other provision of law providing for the presentation of a United States flag incident to re- lease from active service for retirement.’’ for ‘‘under this section or section 6141 or 8681 of this title or sec- tion 516 of title 14.’’ Page 3013 TITLE 10—ARMED FORCES § 7263 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 Pub. L. 105–261, div. A, title VI, § 644(e), Oct. 17, 1998, 112 Stat. 2049, provided that: ‘‘Sections 3681, 6141, and 8681 [now 7251, 8261, and 9251] of title 10, United States Code (as added by this section), and section 516 [now 2748] of title 14, United States Code (as added by sub- section (d)), shall apply with respect to releases from active duty described in those sections on or after Oc- tober 1, 1998.’’ § 7252. Service credit: regular enlisted members; service as an officer to be counted as enlisted service An enlisted member of the Regular Army is entitled to count active service as an officer in the Army as enlisted service for all purposes. (Aug. 10, 1956, ch. 1041, 70A Stat. 211, § 3684; re- numbered § 7252, Pub. L. 115–232, div. A, title VIII, § 808(b)(9), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3684 ......... 10:631a (last proviso). July 14, 1939, ch. 267, § 1 (last proviso); restated May 29, 1954, ch. 249, § 19(b) (last proviso), 68 Stat. 166. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3684 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. § 7253. Flying officer rating: qualifications Only officers of the Army in the following cat- egories may be rated as flying officers: (1) Officers who have aeronautical ratings as pilots of service types of aircraft or as aircraft observers. (2) Flight surgeons. (3) Officers undergoing flight training. (4) Officers who are members of combat crews, other than pilots of service types of air- craft, aircraft observers, and observers. (5) In time of war, officers who have aero- nautical ratings as observers. (Aug. 10, 1956, ch. 1041, 70A Stat. 213, § 3691; re- numbered § 7253, Pub. L. 115–232, div. A, title VIII, § 808(b)(9), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3691 ......... 10:291c. 10:291c-1. 10:291e. June 3, 1916, ch. 134, § 13a (8th, 9th, and 11th pro- visos); added July 2, 1926, ch. 721, § 2 (4th sentence, less 2d pro- viso), 44 Stat. 781; June 16, 1936, ch. 587, § 3, 49 Stat. 1524; Oct. 4, 1940, ch. 742 (last proviso), 54 Stat. 963. June 24, 1948, ch. 632 (2d proviso under ‘‘Fi- nance Department’’), 62 Stat. 650. 10:291c (proviso) and the words ‘‘after June 30, 1948’’, in 10:291c–1, are omitted as executed. The definition of the term ‘‘flying officer’’, in 10:291c, originally was a definition of the term ‘‘flying officer in time of peace’’ as provided by section 2 of the Act of July 2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4, 1940, ch. 742, 54 Stat. 963, eliminated the words ‘‘in time of peace’’. As a consequence of that amendment, 10:291e (1st 26 words) is omitted as surplusage. Clause (2) is substituted for 10:291c–1 (less last 10 words). The words ‘‘commissioned officers or warrant’’, in 10:291c–1, are omitted as surplusage. In clause (4), the last 12 words are substituted for the words ‘‘any other’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3691 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 735—HOSPITALIZATION Sec. 7263. When Secretary may require. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 355 of this title as this chapter and item 3723 as 7263. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(ii), Nov. 14, 1986, 100 Stat. 3877, struck out item 3721 ‘‘Mem- bers of Army, other than of Regular Army’’ and item 3722 ‘‘Members of C.M.T.C.; members of Army not cov- ered by section 3721 of this title.’’ 1958—Pub. L. 85–861, § 1(92)(D), Sept. 2, 1958, 72 Stat. 1482, substituted ‘‘Members of C.M.T.C.’’ for ‘‘Members of R.O.T.C. and C.M.T.C.’’ in item 3722. § 7263. When Secretary may require The Secretary of the Army may order the hos- pitalization, medical and surgical treatment, and domiciliary care, for as long as necessary, of any member of the Army on active duty, and may incur obligations with respect thereto, whether or not the member incurred an injury, illness, or disease in line of duty, except in the case of a member treated in a private hospital, or by a civilian physician, while on leave of ab- sence for more than 24 hours. (Aug. 10, 1956, ch. 1041, 70A Stat. 215, § 3723; Pub. L. 99–661, div. A, title VI, § 604(f)(1)(D), Nov. 14,