10 U.S.C. § 8120 — Expiration: rights of member

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.