2018 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part II - Personnel
Chapter 843 - Involuntary Retirement, Separation, and Furlough
Sec. 8375 - Navy and Marine Corps; warrant officers, W-1: limitation on dismissal
10 U.S.C. § 8375 (2018) | ||||||
§8375. Navy and Marine Corps; warrant officers, W–1: limitation on dismissal | ||||||
(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. |
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(Aug. 10, 1956, ch. 1041, 70A Stat. 416, §6408; renumbered §8375, Pub. L. 115–232, div. A, title VIII, §807(b)(16), Aug. 13, 2018, 132 Stat. 1836.) |
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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". PRIOR PROVISIONSPrior sections 8375 to 8378 were repealed by Pub. L. 103–337, div. A, title XVI, §1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. Section 8375, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, §1(59), June 30, 1960, 74 Stat. 277; Pub. L. 96–513, title V, §514(3), Dec. 12, 1980, 94 Stat. 2935, related to transfer or discharge of officers promoted to reserve grade of brigadier general or major general ceasing to occupy those positions. See section 14314(a), (c) of this title. Section 8376, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, §1(60), June 30, 1960, 74 Stat. 277, related to promotion of commissioned officers of Air Force Reserve or Air National Guard of United States to higher reserve grades after temporary appointments. See section 14301 et seq. of this title. Section 8377, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1529; amended Pub. L. 86–559, §1(61), June 30, 1960, 74 Stat. 277, related to effect of removal of reserve commissioned officer from recommended promotion list by President. See section 14301 et seq. of this title. Section 8378, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1530, related to promotion of reserve commissioned officers removed from active status. See section 14317(a) of this title. A prior section 8379, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1530, provided that appointing commissioned officers of Air National Guard was function of governors, prior to repeal by Pub. L. 103–337, div. A, title XVI, §1636(c), Oct. 5, 1994, 108 Stat. 2968, effective Feb. 10, 1996. Prior sections 8380 and 8381 were repealed by Pub. L. 103–337, div. A, title XVI, §1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. Section 8380, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1530; amended Pub. L. 86–559, §1(62), June 30, 1960, 74 Stat. 277; Pub. L. 98–94, title X, §1015(b)(1), Sept. 24, 1983, 97 Stat. 667; Pub. L. 99–145, title V, §521(b), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100–180, div. A, title V, §502(b)(1), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, §503(b)(1), Nov. 29, 1989, 103 Stat. 1437; Pub. L. 102–484, div. A, title V, §519(b), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 103–160, div. A, title V, §514(b), Nov. 30, 1993, 107 Stat. 1649; Pub. L. 104–106, div. A, title V, §511(b), title XV, §1501(c)(31), Feb. 10, 1996, 110 Stat. 298, 500, related to promotion of reserve commissioned officers on active duty and not on the active duty list. See section 14311(e) of this title. Section 8381, added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1531; amended Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer, discharge, or withdrawal of Federal recognition of reserve officers ceasing to occupy position of adjutant general or assistant adjutant general. See section 14314(b), (c) of this title. AMENDMENTS2018—Pub. L. 115–232 renumbered section 6408 of this title as this section. EFFECTIVE DATE OF 2018 AMENDMENTAmendment 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. |
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United States Code, 2018 Edition, Title 10 - ARMED FORCES | ||||||
Bills and Statutes | ||||||
United States Code | ||||||
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Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 843 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH Sec. 8375 - Navy and Marine Corps; warrant officers, W-1: limitation on dismissal |
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section 8375 | ||||||
2018 | ||||||
January 14, 2019 | ||||||
Yes | ||||||
standard | ||||||
64 Stat. 146 72 Stat. 1528, 1529, 1530, 1531 74 Stat. 277 94 Stat. 2935 97 Stat. 667 99 Stat. 631 101 Stat. 1085 102 Stat. 2059 103 Stat. 1437 106 Stat. 2408 107 Stat. 1649 108 Stat. 2963, 2968 110 Stat. 298 132 Stat. 1836 |
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Public Law 85-861, Public Law 86-559, Public Law 96-513, Public Law 98-94, Public Law 99-145, Public Law 100-180, Public Law 100-456, Public Law 101-189, Public Law 102-484, Public Law 103-160, Public Law 103-337, Public Law 104-106, Public Law 115-232 |