10-U.S.C.-1522
§1522 – Posthumous Warrants
Pathway
Title 10 > Subtitle A > Part II > Chapter 77 > Section 1522
Details
- Reference: Section 1522
- Legend: §1522 – Posthumous Warrants
- USCode Year: 2013
Provision Content
(a) The Secretary concerned may issue, or have issued, an appropriate warrant in the name of a member of the armed forces who, after September 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 members 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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1522(a) | 10:612 (words before semicolon). 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 semicolon). | |
| 34:285e (words after semicolon). |
In subsection (a), the words a member of are substituted for the words any person who, while in, in 10:612 and 34:285e. The words armed forces are substituted 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 substituted for the words noncommissioned grade to make it clear that the revised section covers warrant officers. The words receive or are omitted as surplusage.
In subsection (b), the words appointment or promotion, and branch of the service, official, and by such warrant are omitted as surplusage.
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).
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1489 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1489, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
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