10 U.S.C. § 8261 — Presentation of United States flag upon

Page 3207 TITLE 10—ARMED FORCES § 8262 Sec. 8265. Mileage books: commutation tickets. 8266. Uniforms, accouterments, and equipment: sale at cost. 8267. Uniform: sale to former members of the naval service. 8270. Pension to persons serving ten years. 8271. Settlement of accounts: remission or can- cellation of indebtedness of members. Editorial Notes PRIOR PROVISIONS A prior chapter 831, consisting of sections 8201 to 8230, related to the force strength of the Air Force, prior to renumbering as chapter 911 of this title. AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 561 of this title as this chapter and items 6141, 6151 to 6156, 6160, and 6161 as 8261 to 8267, 8270, and 8271, respectively. 2006—Pub. L. 109–364, div. A, title X, § 1071(a)(32), Oct. 17, 2006, 120 Stat. 2400, substituted colon for semicolon in item 6154 and ‘‘Settlement of accounts: remission or cancellation of indebtedness of members’’ for ‘‘Remis- sion of indebtedness of enlisted members discharge’’ in item 6161. Pub. L. 109–163, div. A, title VI, § 683(b)(2), Jan. 6, 2006, 119 Stat. 3323, struck out ‘‘upon’’ after ‘‘members’’ in item 6161. 1998—Pub. L. 105–261, div. A, title VI, § 644(b)(2), Oct. 17, 1998, 112 Stat. 2049, added item 6141. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(iii), Nov. 14, 1986, 100 Stat. 3877, struck out item 6148 ‘‘Dis- ability and death benefits: Naval Reserve and Marine Corps Reserve’’. 1980—Pub. L. 96–513, title V, § 513(13), Dec. 12, 1980, 94 Stat. 2932, struck out items 6141 ‘‘Pay: officers; date of commencement’’, 6142 ‘‘Pay: assignments’’, 6143 ‘‘Pay: sale to be discouraged by commanding officer’’, 6144 ‘‘Pay accounts: settlement when lost with vessel’’, 6145 ‘‘Pay accounts: settlement; fixing date of loss of ves- sel’’, 6146 ‘‘Allotments: officers’’, and 6147 ‘‘Allowances: prisoners’’. 1970—Pub. L. 91–482, § 2D, Oct. 21, 1970, 84 Stat. 1082, struck out item 6159 ‘‘Half rating to disabled naval en- listed personnel serving twenty years’’. 1968—Pub. L. 90–235, § 7(b)(4), Jan. 2, 1968, 81 Stat. 763, struck out item 6158 ‘‘Exemption from arrest for debt: enlisted members of Marine Corps’’. 1963—Pub. L. 88–132, § 5(h)(3), Oct. 2, 1963, 77 Stat. 214, struck out item 6149 ‘‘Retired pay: computed on basis of rates of pay for officers on the active list’’. 1962—Pub. L. 87–651, title I, § 123(c), Sept. 7, 1962, 76 Stat. 514, struck out item 6157 ‘‘Motor vehicles: trans- portation on permanent change of station’’. 1960—Pub. L. 86–511, § 1(b), June 11, 1960, 74 Stat. 207, added item 6161. 1959—Pub. L. 86–155, § 9(a)(2), Aug. 11, 1959, 73 Stat. 337, struck out item 6150 ‘‘Higher retired grade for officers specially commended’’. 1958—Pub. L. 85–861, § 1(139)(B), Sept. 2, 1958, 72 Stat. 1508, substituted ‘‘who serve satisfactorily under tem- porary appointments’’ for ‘‘temporarily appointed or promoted during World War II’’ in item 6151. 1957—Pub. L. 85–56, title XXII, § 2201(31)(D), June 17, 1957, 71 Stat. 162, eff. Jan. 1, 1958, added items 6159 and 6160. § 8261. Presentation of United States flag upon retirement (a) PRESENTATION OF FLAG.—Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Re- serve, the Secretary of the Navy 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(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.) Editorial Notes PRIOR PROVISIONS A prior section 8261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; Oct. 4, 1961, Pub. L. 87–378, § 4, 75 Stat. 808, re- lated to enlistment in Air National Guard of United States, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(b)(3), Oct. 5, 1994, 108 Stat. 2990. See section 12107 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6141 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 3681 or 8681 of this title or sec- tion 516 of title 14.’’ 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 Section applicable with respect to releases from ac- tive duty described in this section, sections 7251 and 9251 of this title, and section 2748 of Title 14, Coast Guard, on or after Oct. 1, 1998, see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title. § 8262. Higher retired grade and pay for mem- bers who serve satisfactorily under tem- porary appointments (a) Unless otherwise entitled to a higher re- tired grade and subject to section 689, and sec- tion 1370 or 1370a (as applicable), of this title, each member, other than a retired member, of the Navy or the Marine Corps shall, when re- tired, be advanced on the retired list to the highest officer grade in which he served satisfac- torily under a temporary appointment as deter- mined by the Secretary of the Navy. (b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay de- termined in accordance with the following table.