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10 U.S.C. § 8001Definitions

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines Navy and Marine Corps terms used in this part of the military code. It explains what counts as the Navy, the Marine Corps, and different officer and enlisted ranks. It also says a temporary higher rank counts as the person's current grade.

(a) In this subtitle: (1) "Navy" means the United States Navy, including the Regular Navy, the Fleet Reserve, and the Navy Reserve. (2) "Marine Corps" means the United States Marine Corps, including the Regular Marine Corps, the Fleet Marine Corps Reserve, and the Marine Corps Reserve. (3) "Member of the naval service" means anyone appointed, enlisted, inducted, or conscripted into the Navy or Marine Corps. (4) "Enlisted member" means a member of the naval service serving in an enlisted grade or rating. Unless stated otherwise, it does not include a member who holds a permanent enlisted grade but has a temporary commissioned or warrant officer appointment. (5) "Officer" means a member serving in a commissioned or warrant officer grade. Unless stated otherwise, this includes a member with a permanent enlisted grade who has a temporary commissioned or warrant officer appointment. (6) "Commissioned officer" means a member serving in a grade above warrant officer, W-1. Unless stated otherwise, this includes a member with a permanent enlisted grade, or the permanent grade of warrant officer W-1, who has a temporary appointment above W-1. (7) "Warrant officer" means a member serving in a warrant officer grade. Unless stated otherwise, this includes a member with a permanent enlisted grade who has a temporary warrant officer appointment. (8) "Officer restricted in the performance of duty" means a Navy officer designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, or a Marine Corps officer designated for limited duty. (b) For this subtitle, unless stated otherwise, a member of the naval service holding a temporary appointment in a higher grade than their permanent grade is treated as serving in that higher grade.
the actual law source: uscode.house.gov ↗public domain
(a)

In this subtitle:

(1)

The term “Navy” means the United States Navy. It includes the Regular Navy, the Fleet Reserve, and the Navy Reserve.

(2)

The term “Marine Corps” means the United States Marine Corps. It includes the Regular Marine Corps, the Fleet Marine Corps Reserve, and the Marine Corps Reserve.

(3)

The term “member of the naval service” means a person appointed or enlisted in, or inducted or conscripted into, the Navy or the Marine Corps.

(4)

The term “enlisted member” means a member of the naval service serving in an enlisted grade or rating. It excludes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(5)

The term “officer” means a member of the naval service serving in a commissioned or warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a commissioned or warrant officer grade.

(6)

The term “commissioned officer” means a member of the naval service serving in a grade above warrant officer, W–1. It includes, unless otherwise specified, a member who holds a permanent enlisted grade or the permanent grade of warrant officer, W–1, and a temporary appointment in a grade above warrant officer, W–1.

(7)

The term “warrant officer” means a member of the naval service serving in a warrant officer grade. It includes, unless otherwise specified, a member who holds a permanent enlisted grade and a temporary appointment in a warrant officer grade.

(8)

The term “officer restricted in the performance of duty” means an officer of the Navy designated for engineering duty, aeronautical engineering duty, special duty, or limited duty, or an officer of the Marine Corps designated for limited duty.

(b)

For the purposes of this subtitle, a member of the naval service who holds a temporary appointment in a grade higher than his permanent grade is considered, unless otherwise specified, to be serving in the higher grade.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 276, § 5001; Pub. L. 87–123, § 5(1), Aug. 3, 1961, 75 Stat. 264; Pub. L. 96–513, title III, § 371, title V, § 513(2), Dec. 12, 1980, 94 Stat. 2903, 2931; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 109–163, div. A, title V, § 515(b)(1)(E), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8001, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1961Amended · Pub. L. 87-123 · 75 Stat. 264
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2903, 2931
  • 1987Amended · Pub. L. 100-26 · 101 Stat. 284
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3233
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1834

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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