10 U.S.C. § 775 — Issue of uniform without charge

Page 693 TITLE 10—ARMED FORCES § 777 (b) EXCEPTIONS.—The Secretary concerned may prohibit the wearing of an item of religious apparel— (1) in circumstances with respect to which the Secretary determines that the wearing of the item would interfere with the performance of the member’s military duties; or (2) if the Secretary determines, under regu- lations under subsection (c), that the item of apparel is not neat and conservative. (c) REGULATIONS.—The Secretary concerned shall prescribe regulations concerning the wear- ing of religious apparel by members of the armed forces under the Secretary’s jurisdiction while the members are wearing the uniform. Such regulations shall be consistent with sub- sections (a) and (b). (d) RELIGIOUS APPAREL DEFINED.—In this sec- tion, the term ‘‘religious apparel’’ means ap- parel the wearing of which is part of the observ- ance of the religious faith practiced by the member. (Added Pub. L. 100–180, div. A, title V, § 508(a)(2), Dec. 4, 1987, 101 Stat. 1086.) Editorial Notes PRIOR PROVISIONS A prior section 774 was renumbered section 776 of this title. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 100–180, div. A, title V, § 508(c), Dec. 4, 1987, 101 Stat. 1087, directed the Secretary concerned to pre- scribe the regulations required by subsec. (c) of this section not later than the end of the 120-day period be- ginning on Dec. 4, 1987. § 775. Issue of uniform without charge (a) ISSUE OF UNIFORM.—The Secretary con- cerned may issue a uniform, without charge, to any of the following members: (1) A member who is being repatriated after being held as a prisoner of war. (2) A member who is being treated at or re- leased from a medical treatment facility as a consequence of being wounded or injured dur- ing military hostilities. (3) A member who, as a result of the mem- ber’s duties, has unique uniform requirements. (4) Any other member, if the Secretary con- cerned determines, under exceptional cir- cumstances, that the issue of the uniform to that member would significantly benefit the morale and welfare of the member and be ad- vantageous to the armed force concerned. (b) RETENTION OF UNIFORM AS A PERSONAL ITEM.—Notwithstanding section 771a of this title, a uniform issued to a member under this section may be retained by the member as a per- sonal item. (Added Pub. L. 102–484, div. A, title III, § 377(a)(2), Oct. 23, 1992, 106 Stat. 2386.) Editorial Notes PRIOR PROVISIONS A prior section 775 was renumbered section 776 of this title. § 776. Applicability of chapter This chapter applies in— (1) the United States; (2) the territories, commonwealths, and pos- sessions of the United States; and (3) all other places under the jurisdiction of the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 36, § 774; Pub. L. 99–661, div. A, title XIII, § 1343(a)(1), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–26, § 3(6), Apr. 21, 1987, 101 Stat. 273; renumbered § 775, Pub. L. 100–180, div. A, title V, § 508(a)(1), Dec. 4, 1987, 101 Stat. 1086; renumbered § 776, Pub. L. 102–484, div. A, title III, § 377(a)(1), Oct. 23, 1992, 106 Stat. 2386.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 774 .......... 10:1393 (less 1st and last pars.). June 3, 1916, ch. 134, § 125 (less 1st and last pars.), 39 Stat. 216; Apr. 15, 1948, ch. 188, 62 Stat. 172; June 25, 1948, ch. 645, § 21 (as applicable to § 125 of the Act of June 3, 1916, ch. 134), 62 Stat. 864; May 24, 1949, ch. 139, §§ 15(b) (less last par.), 142 (as appli- cable to the Act of Apr. 15, 1948, ch. 188), 63 Stat. 91, 110. The words ‘‘the Canal Zone, Guam, American Samoa, and the Virgin Islands as well as to * * * other’’ are omitted as covered by the words ‘‘possessions, and all other places under its jurisdiction’’. Editorial Notes AMENDMENTS 1992—Pub. L. 102–484 renumbered section 775 of this title as this section. 1987—Pub. L. 100–180 renumbered section 774 of this title as this section. Pub. L. 100–26 amended directory language of Pub. L. 99–661. See 1986 Amendment note below. 1986—Pub. L. 99–661, as amended by Pub. L. 100–26, amended section generally. Prior to amendment, sec- tion read as follows: ‘‘This chapter applies in the United States, the Territories, Commonwealths, and possessions, and all other places under its jurisdic- tion.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–26, § 12(a), Apr. 21, 1987, 101 Stat. 289, pro- vided that: ‘‘The amendments made by section 3 [amending this section and sections 1032, 1408, 1450, 1588, 2007, 2364, and 5150 of this title, and section 4703 of Title 20, Education, and amending provisions set out as a note under section 1006 of Title 37, Pay and Allowances of the Uniformed Services] shall apply as if included in Public Law 99–661 when enacted on November 14, 1986.’’ § 777. Wearing of insignia of higher grade before promotion (frocking): authority; restrictions (a) AUTHORITY.—An officer in a grade below the grade of major general or, in the case of the Navy, rear admiral, who has been selected for promotion to the next higher grade may be au- thorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that next higher grade. An officer who is so authorized to wear the insignia of the next higher grade is said to be ‘‘frocked’’ to that grade.