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Home , Commodore (rank), Commodore admiral, Fleet Admiral (Poland)

§ 5502 10—ARMED FORCES Page 1952

(1) . the Army make it impracticable to continue to relate (2) . Department positions to former War Department (3) . positions. This treatment of 5 U.S.C. 441 does not, how- (4) Rear admiral (lower half). ever, completely cover the question of the rank, in re- (5) . lation to other officers in the Navy and other services, of a captain or rear admiral of the lower half who by (6) . virtue of his position becomes entitled to the rank, (7) commander. pay, and allowances of a rear admiral of the upper half. (8) Lieutenant. Under 34 U.S.C. 241a officers holding commissions in the (9) Lieutenant (junior grade). grade of rear admiral rank with generals if enti- (10) . tled to the pay of the upper half and with gen- (Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. erals if entitled to the pay of the lower half. Under 5 U.S.C. 441 bureau chiefs and the Judge Advocate Gen- 96–513, title III, § 301, Dec. 12, 1980, 94 Stat. 2887; eral rank with major generals regardless of the grade in Pub. L. 97–86, title IV, § 405(a), Dec. 1, 1981, 95 which they hold commissions and, therefore, also rank Stat. 1105; Pub. L. 99–145, title V, § 514(a)(1), Nov. all officers of the Navy who are ranked by major gen- 8, 1985, 99 Stat. 628; Pub. L. 102–190, div. A, title erals. This fact, obscured by the substitution of Navy XI, § 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.) rank in the codification of 5 U.S.C. 441, is set out in subsection (c). HISTORICAL AND REVISION NOTES AMENDMENTS Revised section Source (U.S. Code) Source (Statutes at Large) 1991—Pub. L. 102–190 substituted ‘‘W–5’’ for ‘‘W–4’’ in section catchline and text. 5501(a) ..... 34 U.S.C. 1. R.S. 1362; Mar. 3, 1883, ch. 1985—Par. (4). Pub. L. 99–145 substituted ‘‘Rear admi- 97, § 1 (2d par. on p. 472, ral (lower half)’’ for ‘‘’’. as applicable to mas- ters and junior grade 1981—Par. (4). Pub. L. 97–86 substituted ‘‘Commodore’’ ), 22 Stat. for ‘‘’’. 472; Mar. 3, 1899, ch. 1980—Pub. L. 96–513 struck out subsec. (a) designation 413, § 7 (1st sentence, less proviso), 30 Stat. from provisions formerly classified as such and, as so 1005. redesignated, inserted commodore admiral in the list- 34 U.S.C. 211d(a) (as ap- Aug. 7, 1947, ch. 512, ing of commissioned grades above the grade of chief plicable to grades of § 413(a) (as applicable admiral and vice admi- to grades of admiral warrant , W–4 and struck out former subsecs. (b) ral). and vice admiral), 61 and (c) which related to the grades of commodore and Stat. 875. rear admiral, respectively. 34 U.S.C. 10a (1st sen- Aug. 7, 1947, ch. 512, § 405 tence). (1st sentence), 61 Stat. EFFECTIVE DATE OF 1991 AMENDMENT 872. 5501(b) ..... 34 U.S.C. 350e (1st sen- July 24, 1941, ch. 320, § 6 Amendment by Pub. L. 102–190 effective Feb. 1, 1992, tence). (1st sentence), 55 Stat. 604; Apr. 9, 1943, ch. 38, see section 1132 of Pub. L. 102–190, set out as a note § 1, 57 Stat. 59; Oct. 12, under section 521 of this title. 1949, ch. 681, § 531(b)(28), 63 Stat. 839. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, The Act of July 24, 1941, ch. 320, as amended (34 U.S.C. see section 405(f) of Pub. L. 97–86, set out as a note 350 et seq.), and § 413 of the Officer Personnel Act of 1947 under section 101 of this title. (34 U.S.C. 211d) provide for the temporary appointment of officers to grades up to and including admiral. Staff EFFECTIVE DATE OF 1980 AMENDMENT officers, women officers, and reserve officers are Amendment by Pub. L. 96–513 effective Sept. 15, 1981, not excluded from the operation of the provisions of the but the authority to prescribe regulations under the 1941 Act. Since authority exists for the appointment of amendment by Pub. L. 96–513 effective on Dec. 12, 1980, officers of any category in any grade in the Navy, the see section 701 of Pub. L. 96–513, set out as a note under existence of every grade in the several staff corps and section 101 of this title. in the Naval Reserve is recognized, and the restriction of these grades to the active list of the line is removed. TRANSITION PROVISIONS OF DEFENSE OFFICER The grade of is omitted inasmuch as PERSONNEL MANAGEMENT ACT the law authorizing appointments in this grade was For transition provisions relating to the new com- limited. modore admiral grade established in the Navy, see sec- In subsection (a) the words ‘‘above the grade of chief tion 614 of Pub. L. 96–513, set out as a note under sec- , W–4’’ are inserted for clarity. tion 611 of this title. Subsection (c) is added to make clear the fact that an officer serving in a position, such as chief of bureau, § 5502. Marine Corps: grades above chief warrant which entitles him to the rank, pay, and allowances of officer, W–5 a rear admiral of the upper half ranks rear re- ceiving the pay and allowances of the lower half even The commissioned grades in the Marine Corps though he has not been appointed to the grade of rear above the grade of chief warrant officer, W–5, admiral or, if so appointed, is in the lower half. A state- are: ment of this fact is necessary to give full effect to 5 (1) . U.S.C. 441 which provides that chiefs of bureaus of the Navy Department and the Judge Advocate General of (2) . the Navy, while so serving, shall have ‘‘corresponding (3) . rank and shall receive the same pay and allowances (4) . * * * as * * * chiefs of bureaus of the War Department (5) . and the Judge Advocate ’’. The (6) . rank so conferred, corresponding to the Army rank of (7) Major. major general, is rear admiral of the upper half. In (8) Captain. §§ 5133 and 5148 of this title, based on 5 U.S.C. 441, the (9) . reference to the Army rank is eliminated and the cor- (10) . responding Navy rank is substituted. The substitution is made because, as stated in the revision notes on (Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. those sections, the creation of the Department of the 102–190, div. A, title XI, § 1131(8)(A), Dec. 5, 1991, Air Force and the reorganization of the Department of 105 Stat. 1506.) Page 1953 TITLE 10—ARMED FORCES § 5508

HISTORICAL AND REVISION NOTES AMENDMENTS

Revised 1991—Pub. L. 102–190 added par. (1) and redesignated section Source (U.S. Code) Source (Statutes at Large) former pars. (1) to (4) as (2) to (5), respectively.

5502 ...... 34 U.S.C. 651. R.S. 1603. EFFECTIVE DATE OF 1991 AMENDMENT 34 U.S.C. 629. July 1, 1918, ch. 114, 40 Stat. 715 (1st par.). Amendment by Pub. L. 102–190 effective Feb. 1, 1992, 34 U.S.C. 623b(a) (as ap- Aug. 7, 1947, ch. 512, see section 1132 of Pub. L. 102–190, set out as a note plicable to grade of § 415(a) (as applicable lieutenant general). to grade of lieutenant under section 521 of this title. general), 61 Stat. 876. 34 U.S.C. 622 (as applica- Jan. 20, 1942, ch. 10, § 1, 56 [§§ 5504, 5505. Repealed. Pub. L. 96–513, title III, ble to grade of gen- Stat. 10; Aug. 7, 1947, eral). ch. 512, § 429 (as appli- § 314, Dec. 12, 1980, 94 Stat. 2892] cable to grade of gen- eral), 61 Stat. 880. Section 5504, acts Aug. 10, 1956, ch. 1041, 70A Stat. 314; Oct. 13, 1964, Pub. L. 88–647, title III, § 301(13), 78 Stat. R.S. 1603 provides that officers of the Marine Corps 1072; Sept. 19, 1978, Pub. L. 95–377, § 5, 92 Stat. 721, relat- shall be on the same footing as officers of similar ed to maintenance of lineal lists of officers in line of grades in the Army. Recognition is made of the grades Navy. existing in the Army for the purpose of listing the Section 5505, acts Aug. 10, 1956, ch. 1041, 70A Stat. 316; grades authorized for the Marine Corps. June 30, 1960, Pub. L. 86–559, § 1(40), 74 Stat. 273; Sept. 7, The provisions of the Act of July 1, 1918, ch. 114, 40 1962, Pub. L. 87–649, § 14c(25), 76 Stat. 501, related to Stat. 715 (1st par.), pertaining to the appointment of a changes of position on lineal list of reserve officers of major general in addition to the Major General Com- Naval Reserve and Marine Corps Reserve. mandant and a temporary major general were super- seded by the Act of May 29, 1934, ch. 367, § 2, 48 Stat. 812, EFFECTIVE DATE OF REPEAL which in turn was repealed by § 436(e) of the Officer Per- Repeal effective Sept. 15, 1981, see section 701 of Pub. sonnel Act of 1947, 61 Stat. 882. L. 96–513, set out as an Effective Date of 1980 Amend- AMENDMENTS ment note under section 101 of this title. 1991—Pub. L. 102–190 substituted ‘‘W–5’’ for ‘‘W–4’’ in [§ 5506. Repealed. Pub. L. 103–337, div. A, title section catchline and text. XVI, § 1673(d)(1), Oct. 5, 1994, 108 Stat. 3016] EFFECTIVE DATE OF 1991 AMENDMENT Section, added Pub. L. 85–861, § 1(114)(A), Sept. 2, 1958, Amendment by Pub. L. 102–190 effective Feb. 1, 1992, 72 Stat. 1492, and amended Pub. L. 96–513, title V, see section 1132 of Pub. L. 102–190, set out as a note § 503(26), Dec. 12, 1980, 94 Stat. 2913, related to ranking under section 521 of this title. of officers in active status in Naval Reserve and Marine Corps Reserve. § 5503. Navy and Marine Corps: warrant officer grades EFFECTIVE DATE OF REPEAL The warrant officer grades in the Navy and the Repeal effective Dec. 1, 1994, except as otherwise pro- Marine Corps are: vided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. (1) Chief warrant officer, W–5. (2) Chief warrant officer, W–4. [§ 5507. Repealed. Pub. L. 87–649, § 14c(26), Sept. (3) Chief warrant officer, W–3. 7, 1962, 76 Stat. 501] (4) Chief warrant officer, W–2. (5) Warrant officer, W–1. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 316, re- lated to pay and allowances of rear admirals. See sec- (Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. tion 202 of Title 37, Pay and Allowances of the Uni- 102–190, div. A, title XI, § 1131(9), Dec. 5, 1991, 105 formed Services. Stat. 1506.) EFFECTIVE DATE OF REPEAL HISTORICAL AND REVISION NOTES Repeal effective Nov. 1, 1962, see section 15 of Pub. L. Revised 87–649, set out as a note preceding section 101 of Title section Source (U.S. Code) Source (Statutes at Large) 37, Pay and Allowances of the Uniformed Services. 5503 ...... 34 U.S.C. 135a(a) (less May 29, 1954, ch. 249, § 5508. Rank of line and staff corps officers of the last sentence). § 3(a) (less 3d and last sentence), 68 Stat. 157. Navy and officers of the Marine Corps

This section is included in subtitle C for complete- Except for an officer entitled to a rank higher ness and clarity. In duplicates, in part, §§ 555 and 597 of than his grade, line and staff corps officers of this title, which cover, respectively, the ‘‘permanent the Navy serving in the same grade and officers regular warrant officer grades’’ and the ‘‘permanent re- of the Marine Corps serving in the corresponding serve warrant officer grades’’ in the armed forces. The grade rank among themselves according to their concept that regular grades differ from reserve grades respective dates of rank in grade whether or not and that a grade held under a permanent appointment they are on an active-duty list. differs from the grade of the same name held under a temporary appointment is foreign to the naval service. (Aug. 10, 1956, ch. 1041, 70A Stat. 317; Pub. L. In the Navy and the Marine Corps, all officers serving, 90–179, § 4, Dec. 8, 1967, 81 Stat. 547; Pub. L. for example, in the grade of chief warrant officer, W–4, 96–513, title V, § 503(27), Dec. 12, 1980, 94 Stat. are considered to be serving in the same grade regard- 2913.) less of whether they are Regulars or Reserves and re- gardless of whether they are temporary or permanent HISTORICAL AND REVISION NOTES officers holding temporary or permanent appointments in that grade. This section, therefore, lists the four Revised Source (U.S. Code) Source (Statutes at Large) warrant officer grades as applicable to all warrant offi- section cers of the naval service. 5508 ...... 34 U.S.C. 306f(d)(2). Aug. 7, 1947, ch. 512, Reference to the pay grades corresponding to the § 311(d)(2), 61 Stat. 852; military grades is omitted as unnecessary for the pur- Aug. 5, 1949, ch. 402, pose of this section. § 1(c), 63 Stat. 568.