## PART II—PERSONNEL

Chap.
Sec.
811.
Distribution in Grade
8101
812.
Grade and Rank of Officers
8111
813.
Enlistments
8120
815.
Original Appointments
8132
821.
Officers in Command
8162
823.
Special Assignments and Details
8183
825.
Administration
8211
827.
Rations
8241
829.
Miscellaneous Prohibitions and Penalties
8253
831.
Miscellaneous Rights and Benefits
8261
833.
Hospitalization and Medical Care
8281
835.
Bands
8286
837.
Decorations and Awards
8291
839.
Discharge of Enlisted Members
8317
841.
Voluntary Retirement
8321
843.
Involuntary Retirement, Separation, and Furlough
8371
845.
Recall to Active Duty
8383
847.
Death Benefits; Care of the Dead
8392

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title VIII, §807(f)(2), Aug. 13, 2018, 132 Stat. 1838, redesignated items for chapters 533 to 577 as 811 to 847 and redesignated section numbers 5441 to 6521 as 8101 to 8392. Section numbers were conformed to the first section appearing in each chapter after renumbering by Pub. L. 115–232 to reflect the probable intent of Congress.

**1994**—Pub. L. 103–337, div. A, title XVI, §1673(a)(3), Oct. 5, 1994, 108 Stat. 3015, struck out items for chapters 531 "Strength of Naval Reserve and Marine Corps Reserve", 541 "Running Mates for Reserve Officers", and 549 "Reserve Promotions".

**1980**—Pub. L. 96–513, title V, §503(16), Dec. 12, 1980, 94 Stat. 2912, inserted "of Naval Reserve and Marine Corps Reserve" after "Strength" in item for chapter 531, inserted "for Reserve Officers" after "Running Mates" in item for chapter 541, struck out item for chapter 543 "Selection Boards", added item for chapter 544, and struck out items for chapter 545 "Promotions" and for chapter 547 "Examinations for Promotion".

**1958**—Pub. L. 85–861, §1(134), Sept. 2, 1958, 72 Stat. 1507, added item for chapter 549.

#### **Statutory Notes and Related Subsidiaries**

#### Authorization To Pay a Living Quarters Allowance for Department of the Navy Civilian Employees Assigned to Permanent Duty in Guam for Performing Work, or Supporting Work Being Performed, Aboard or Dockside, of U.S. Naval Vessels

Pub. L. 118–31, div. A, title XI, §1102, Dec. 22, 2023, 137 Stat. 426, provided that:

"(a) Allowance.—When Government owned or rented quarters are not otherwise provided without charge to a covered employee, the Secretary of the Navy may grant to a covered employee one or more of the following allowances:

"(1) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water. The Secretary is authorized to pay such allowance by reimbursement or by advance payments.

"(2) Under unusual circumstances, as determined by the Secretary, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence in Guam of a covered employee—

"(A) the expenses are administratively approved in advance; and

"(B) the duration and terms of the lease justify payment of the expenses by the Government.

"(b) Covered Employee Defined.—In this section, the term 'covered employee' means any civilian employee of the Department of the Navy who is assigned to permanent duty in Guam for performing work or supporting work being performed, aboard or dockside, of U.S. naval vessels."

#### Suspension of Certain Sections of Title 10 and Amendments to Officer Personnel Act of 1947

Act Aug. 10, 1956, ch. 1041, §48, 70A Stat. 639, as amended by Pub. L. 109–163, div. A, title V, §515(h), Jan. 6, 2006, 119 Stat. 3237, provided that:

"Sec. 48. (a) Except as they may apply to women officers of the Regular Navy or the Regular Marine Corps appointed under [former] section 5590 of title 10, United States Code, enacted by section 1 of this Act, the following sections of title 10 cease to operate whenever the number of male officers serving on active duty in the grade of ensign or above in the line of the Navy does not exceed the number of male officers holding permanent appointments in the grade of ensign or above on the active list in the line of the Regular Navy: Sections 5505 [former 10 U.S.C. 5505], 5508 [now 8118], 5596 [now 8146], [former] 5651–5663, [former] 5701–5703, [former] 5705–5711, [former] 5751, [former] 5753–5759, [former] 5761, [former] 5762, [former] 5764–5770, [former] 5785, [former] 5786, [former] 5791, 6371–6384 [10 U.S.C. 6371, 6383 now 10 U.S.C. 8371, 8372; former 10 U.S.C. 6372–6382, 6384], [former] 6386, [former] 6407.

"(b) For the purposes of subsection (a), the following officers may not be considered officers serving on active duty:

"(1) Retired officers.

"(2) Officers of the Navy Reserve assigned to active duty for training.

"(3) Officers of the Navy Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, or drilling the Navy Reserve or the Marine Corps Reserve.

"(4) Officers of the Navy Reserve ordered to temporary active duty for the purpose of prosecuting special work.

"(c) Title IV of the Officer Personnel Act of 1947 (61 Stat. 869), as amended, is amended by adding the following new section at the end thereof:

"[Sec. 437. Repealed. Pub. L. 104–106, div. A, title XV, §1505(a), Feb. 10, 1996, 110 Stat. 514.]"