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10 U.S.C. § 8303 (ARMED FORCES)
§ 8303. Replacement
The Secretary of the Navy may replace without charge any medal of honor, Navy cross, distinguished-service medal, silver star medal, or Navy and Marine Corps Medal, or any associated bar, emblem, or insignia awarded under this chapter that is stolen, lost, or destroyed or becomes unfit for use without fault or neglect on the part of the person to whom it was awarded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6253; Pub. L. 107–107, div. A, title V, § 553(b)(2), Dec. 28, 2001, 115 Stat. 1116; renumbered § 8302, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6253
34 U.S.C. 359 (proviso).
Feb. 4, 1919, ch. 14, § 6 (proviso), 40 Stat. 1056; renumbered § 8 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744.
The words “Secretary of the Navy may replace” are substituted for the words “Provided, That such replacement shall be made only in those cases where”.
heading: Prior Provisions
text: A prior section 8303, acts Aug. 10, 1956, ch. 1041, 70A Stat. 514; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(13), 71 Stat. 388; July 12, 1960, Pub. L. 86–616, § 6(3), 74 Stat. 391; June 28, 1962, Pub. L. 87–509, § 4(a), 76 Stat. 121; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(D), 81 Stat. 382, related to effect of failure of a promotion-list officer considered for promotion to grade of captain, major, or lieutenant colonel under section 8299 of this title to be recommended for promotion, which officer was to be know as a “deferred officer”, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See sections 631 and 632 of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6253 of this title as this section.
2001—Pub. L. 107–107 substituted “stolen, lost, or destroyed” for “lost or destroyed”.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8304 (ARMED FORCES)
§ 8304. Availability of appropriations
The Secretary of the Navy may spend from appropriations for the pay of the Navy or the Marine Corps, as appropriate, amounts necessary to provide and replace medals of honor, Navy crosses, distinguished-service medals, silver star medals, and Navy and Marine Corps Medals, and associated bars, emblems, and insignia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6254; renumbered § 8304, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6254
34 U.S.C. 359 (less proviso).
Feb. 4, 1919, ch. 14, § 6 (less proviso), 40 Stat. 1056; renumbered § 8 and amended Aug. 7, 1942, ch. 551, § 1, 56 Stat. 744.
The words “the appropriations for the pay of the Navy or the Marine Corps, as appropriate”, are substituted for the words “the appropriation ‘Pay, subsistence, and transportation of naval personnel’ ”, to identify by a general description, rather than by the specific appropriation title, the appropriation authorized to be used. Specific appropriation titles vary from one appropriation act to the next. The permanent authority contained in 34 U.S.C. 359 for the Secretary of the Navy to use appropriations available for the pay of the Navy and the Marine Corps is not affected by a change in the titles of those appropriations nor is it affected by a specific authorization in an appropriation act to use, during the life of the act, a different type of appropriation.
heading: Prior Provisions
text: A prior section 8304, act Aug. 10, 1956, ch. 1041, 70A Stat. 515, related to promotion of Air Force nurses or women medical specialists to grades of first lieutenant, captain, major, lieutenant colonel, or colonel, prior to repeal by Pub. L. 85–155, title IV, § 401(1), Aug. 21, 1957, 71 Stat. 390.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6254 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8305 (ARMED FORCES)
§ 8305. Commemorative or special medals: facsimiles and ribbons
Under regulations prescribed by the Secretary of the Navy, members of the naval service may wear, in place of commemorative or special medals awarded to them, miniature facsimiles of such medals and ribbons symbolic of the awards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6255; renumbered § 8305, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6255
34 U.S.C. 358a.
Apr. 25, 1935, ch. 82, 49 Stat. 162.
The words “members of the naval service may” are substituted for the words “That authority is hereby granted to personnel of the Navy and Marine Corps” for clarity.
heading: Prior Provisions
text: A prior section 8305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 516; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(14), 71 Stat. 388; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(E), 81 Stat. 382, related to promotion of officers in regular grade of lieutenant colonel to grade of colonel, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 619 et seq. of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6255 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8306 (ARMED FORCES)
§ 8306. Medal of honor: duplicate medal
A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal of honor with ribbons and appurtenances. Such duplicate medal of honor shall be marked, in such manner as the Secretary of the Navy may determine, as a duplicate or for display purposes only.
(Added Pub. L. 107–107, div. A, title V, § 553(b)(1)(A), Dec. 28, 2001, 115 Stat. 1116, § 6256; renumbered § 8306, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836.)
heading: Prior Provisions
text: A prior section 8306, act Aug. 10, 1956, ch. 1041, 70A Stat. 516, related to promotion of officers in regular grade of colonel to grade of brigadier general, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 619 et seq. of this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6256 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8307 (ARMED FORCES)
§ 8307. Medal of honor: presentation of Medal of Honor Flag
The President shall provide for the presentation of the Medal of Honor Flag designated under section 903 of title 36 to each person to whom a medal of honor is awarded under section 8291 of this title. Presentation of the flag shall be made at the same time as the presentation of the medal under section 8291 or 8300 of this title. In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.
(Added Pub. L. 107–248, title VIII, § 8143(c)(2)(A), Oct. 23, 2002, 116 Stat. 1570, § 6257; amended Pub. L. 107–314, div. A, title X, § 1062(a)(16), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 109–364, div. A, title V, § 555(a), Oct. 17, 2006, 120 Stat. 2217; renumbered § 8307 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(13), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)
heading: Prior Provisions
text: A prior section 8307, act Aug. 10, 1956, ch. 1041, 70A Stat. 517, related to promotion of officers in regular grade of brigadier general to grade of major general, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See section 619 et seq. of this title.
heading: Amendments
text: 2018—Pub. L. 115–232, § 809(a), substituted “section 8291” for “section 6241” and “section 8291 or 8300” for “section 6241 or 6250”.
Pub. L. 115–232, § 807(b)(13), renumbered section 6257 of this title as this section.
2006—Pub. L. 109–364 struck out “after October 23, 2002” after “section 6241 of this title” and inserted at end “In the case of a posthumous presentation of the medal, the flag shall be presented to the person to whom the medal is presented.”
2002—Pub. L. 107–314 substituted “October 23, 2002” for “the date of the enactment of this section”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Presentation of Flag for Prior Recipients of Medal of Honor
text: President to provide for the presentation of the Medal of Honor Flag to living recipients of the Medal of Honor as expeditiously as possible after Oct. 17, 2006, and for posthumous presentation to survivors of deceased recipients upon written application therefor, see section 555(b) of Pub. L. 109–364, set out as a note under section 7285 of this title.
10 U.S.C. § 8317 (ARMED FORCES)
§ 8317. Minors enlisted upon false statement of age
(a) The Secretary of the Navy, under regulations prescribed by him, may discharge or release from the naval service, with pay and allowances and form of discharge certificate appropriate for his service after enlistment, any enlisted member who, as the result of a false statement of age on his application for enlistment, was enlisted while under the minimum statutory or administrative age limit. A member so discharged or released is entitled to transportation in kind and subsistence from the place of discharge to his home.
(b) Appropriations available for pay and allowances, subsistence, and transportation of enlisted members of the naval service are available for payments under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 391, § 6292; renumbered § 8317, Pub. L. 115–232, div. A, title VIII, § 807(b)(14), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6292(a)
34 U.S.C. 900a.
Sept. 24, 1945, ch. 385, § 1, 59 Stat. 536.
6292(b)
34 U.S.C. 900a (note).
Sept. 24, 1945, ch. 385, § 3, 59 Stat. 537.
The word “member” is substituted for the word “person” and the words “naval service” are substituted for the words “Navy, Marine Corps, and the Reserve components thereof”. The words “form of” are added for clarity. Reference to the date “September 24, 1945” is omitted as unnecessary. The words “is entitled to” are substituted for the words “shall be furnished” for uniformity. The decision of the Comptroller General of December 23, 1949 (B–91297), has not been overlooked. That decision, without passing on a case in which the point was involved, indicated that the transportation entitlement in 34 U.S.C. 900a might be impliedly repealed by the Career Compensation Act of 1949. The editors of the United States Code Annotated, apparently on the basis of this decision, have omitted 34 U.S.C.A. 900a from the 1954 pocket part. A conclusion that the section is repealed, however, defeats the specific purpose of the provision, which, as indicated in the legislative hearings, was to insure that underage dischargees would be transported home and not simply released at the place of discharge.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6292 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8321 (ARMED FORCES)
§ 8321. Officers: 40 years
(a) Each officer of the Regular Navy or the Regular Marine Corps holding a permanent appointment in the grade of warrant officer, W–1, or above who applies for retirement after completing 40 or more years of active service shall be retired by the Secretary of the Navy.
(b) For the purpose of this section, an officer’s years of active service are computed by adding all his active service in the armed forces.
(Aug. 10, 1956, ch. 1041, 70A Stat. 393, § 6321; renumbered § 8321, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6321
34 U.S.C. 381.
R.S. 1443; June 17, 1948, ch. 497, § 1(a), 62 Stat. 477.
34 U.S.C. 879 (less applicability to enlisted men).
June 4, 1920, ch. 228, § 3 (3d proviso, less applicability to enlisted men), 41 Stat. 835.
34 U.S.C. 626–1(a) (1st sentence).
Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68.
In subsection (a) the words “Regular” and “holding a permanent appointment in the grade of warrant officer, W–1, or above” are inserted for clarity. The word “shall” is substituted for the word “may” because the Attorney General has construed R.S. 1443 as conferring a right to retirement upon officers who apply for it after 40 years of service (30 Op. Atty. Gen. 406). The words “from active service” are omitted as surplusage. The words “after completing 40 or more years of active service” are substituted for the words “has been forty years in the service of the United States” for clarity.
In subsection (b) the accepted meaning of the words “service of the United States” is spelled out for clarity. They have been consistently interpreted to include active service in the armed forces as defined in this title.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6321 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.
10 U.S.C. § 8324 (ARMED FORCES)
§ 8324. Officers: creditable service
For the purpose of this chapter, service as a nurse in the armed forces before April 16, 1947, is considered as commissioned service.
(Aug. 10, 1956, ch. 1041, 70A Stat. 394, § 6324; Pub. L. 86–197, § 1(6), Aug. 25, 1959, 73 Stat. 426; Pub. L. 89–609, § 1(15), Sept. 30, 1966, 80 Stat. 853; Pub. L. 90–130, § 1(23)(A), Nov. 8, 1967, 81 Stat. 380; renumbered § 8324, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6324
34 U.S.C. 43g(h).
Apr. 16, 1947, ch. 38, § 207(i), 61 Stat. 50; redesignated (h), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882.
The words “or the reserve components thereof” are omitted because “Army”, “Navy”, and “Air Force”, as defined in this title, include the reserve components.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6324 of this title as this section.
1967—Pub. L. 90–130 substituted provision reciting simply that service as a nurse in the armed forces before April 16, 1947, is considered as commissioned service for purposes of this chapter for provisions making specific reference to service under an appointment or contract or as a commissioned officer in the Nurse Corps of the Army or the Navy or as a commissioned officer of the Air Force designated as an Air Force Nurse.
1966—Pub. L. 89–609 substituted “the person’s” for “her” in introductory text in two places.
1959—Pub. L. 86–197 substituted “a regular officer or a reserve officer” for “an officer”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Authority of Military Department Secretaries To Convene Boards To Recommend Deferment of Retirement or Separation of Nurses
text: Secretaries authorized until July 1, 1972, to convene boards of officers to consider and recommend deferment of separation or retirement of officers of the Army Nurse Corps, officers of the Navy Nurse Corps, and Air Force nurses, as needs of the service require, see section 4(f) of Pub. L. 90–130, set out as a note under section 7069 of this title.
10 U.S.C. § 8328 (ARMED FORCES)
§ 8328. Computation of years of service: voluntary retirement
(a) Enlisted Members.—
Time required to be made up under section 972(a) of this title after February 10, 1996, may not be counted in computing years of service under this chapter.
(b) Officers.—
Section 972(b) of this title excludes from computation of an officer’s years of service for purposes of this chapter any time identified with respect to that officer under that section.
(c) Time Spent in Seaman to Admiral Program.—
The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after October 28, 2009, shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject to involuntary separation or retirement due to physical disability. Such active service shall be counted in computing the years of active service of the officer for all other purposes.
(Added Pub. L. 104–106, div. A, title V, § 561(d)(3)(A), Feb. 10, 1996, 110 Stat. 322, § 6328; amended Pub. L. 107–107, div. A, title X, § 1048(c)(13), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 111–84, div. A, title V, § 505, Oct. 28, 2009, 123 Stat. 2277; Pub. L. 113–291, div. A, title X, § 1071(e)(5), Dec. 19, 2014, 128 Stat. 3510; renumbered § 8328, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6328 of this title as this section.
2014—Subsec. (c). Pub. L. 113–291 substituted “on or after October 28, 2009,” for “on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010”.
2009—Subsec. (c). Pub. L. 111–84 added subsec. (c).
2001—Subsec. (a). Pub. L. 107–107 substituted “February 10, 1996,” for “the date of the enactment of this section”.
heading: Effective Date of 2018 Amendment
text: 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.
heading: Effective Date
text: Section effective Feb. 10, 1996, and applicable to any period of time covered by section 972 of this title that occurs after that date, see section 561(e) of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 972 of this title.
10 U.S.C. § 8329 (ARMED FORCES)
§ 8329. Officers not to be retired for misconduct
No officer of the Navy or the Marine Corps may be retired because of misconduct for which trial by court-martial would be appropriate.
(Aug. 10, 1956, ch. 1041, 70A Stat. 396, § 6329; renumbered § 8329, Pub. L. 115–232, div. A, title VIII, § 807(b)(15), Aug. 13, 2018, 132 Stat. 1836.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
6329
34 U.S.C. 385.
R.S. 1456.
34 U.S.C. 626–1(a) (1st sentence).
Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68.
The words “for which trial by court-martial would be appropriate” are substituted for the words “but he shall be brought to trial by court-martial for such misconduct”. The peremptory command in the source text is at variance with the theory of the Uniform Code of Military Justice and conflicts with the provisions of articles 30, 32, and 34. The substituted words are in accord with the interpretation placed on R.S. 1456 in Denby v. Berry, 263 U.S. 29, 36 (Nov. 12, 1923).
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 6329 of this title as this section.
heading: Effective Date of 2018 Amendment
text: 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.