10 U.S.C. § 1523 — Posthumous commissions and warrants:

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.