2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle C - Navy and Marine Corps (Sections 5001 - 7921)
Part II - Personnel (Sections 5401 - 6522)
Chapter 573 - Involuntary Retirement, Separation, and Furlough (Sections 6371 - 6410)
Sec. 6408 - Navy and Marine Corps; warrant officers, W-1: limitation on dismissal
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH Sec. 6408 - Navy and Marine Corps; warrant officers, W-1: limitation on dismissal |
| Contains | section 6408 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 416. |
| Statutes at Large Reference | 64 Stat. 146 |
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(a) No officer who holds the grade of warrant officer, W–1, may be dismissed from the Navy or the Marine Corps except in time of war, by order of the President.
(b) The President may drop from the rolls of the Navy or the Marine Corps any officer who holds the grade of warrant officer, W–1, who—
(1) has been absent without authority for at least three months; or
(2) is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6408 | 50 U.S.C. 739 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps). | May 5, 1950, ch. 169, §10 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps), 64 Stat. 146. |
This section reflects the opinion of the Judge Advocate General of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739 applies to warrant officers (now warrant officers, W–1), of the Navy and the Marine Corps. The Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the former warrant officer (as distinguished from commissioned warrant officer) grades. 50 U.S.C. 739, as applicable to officers above the grade of warrant officer, W–1, is codified in §1161 of this title.
In subsection (a) the words "by sentence of a general court-martial, or in commutation thereof" are omitted since the separation from the service of a warrant officer, W–1, by sentence of court-martial is effected by dishonorable discharge.
In subsection (b) the words "from his place of duty" are omitted as surplusage. The words "at least" are substituted for the words "or more". The words "by a court other than a court-martial or other military court" are substituted for the words "by the civil authorities".
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