10 U.S.C. § 8089 — Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 493 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Deputy Judge Advocate General is a Navy or Marine Corps judge advocate appointed by the President. Assistant Judge Advocates General may also be appointed and can retire at a higher rank after enough service. If the Judge Advocate General's office is vacant or the officer cannot serve, the Deputy — and after that, the Assistant Judge Advocates General — take over the duties.

(a) (1) There is a Deputy Judge Advocate General of the Navy. The President appoints this person from Navy or Marine Corps judge advocates who meet the same qualifications required for the Judge Advocate General. (2) The Secretary of Defense sets rules for how the Secretary of the Navy picks who to recommend for Deputy Judge Advocate General. As with the Judge Advocate General, a board of officers must recommend the pick, following (as much as practical) the usual selection-board rules in chapter 36. (3) If the Secretary of the Navy calls a special selection board under section 611(a) to consider officers for Deputy Judge Advocate General, the Secretary may (A) treat chapter 36 rules about promotion to the "next higher grade" as if they meant promotion to a higher grade generally; and (B) skip the requirement in section 619(a)(2) if the Navy's needs make that necessary. (b) A member of the Judge Advocate General's Corps who meets the Judge Advocate General's qualifications (from section 8088(b)) can be assigned as Assistant Judge Advocate General of the Navy. If that officer retires while still serving in that job — or retires in a lower rank after serving at least 12 months as Assistant Judge Advocate General — the President may let them retire with the rank of rear admiral (lower half). (c) The same rule applies to a Marine Corps judge advocate who meets the qualifications and is assigned as Assistant Judge Advocate General of the Navy, except that officer may instead retire as a brigadier general. (d) If the Office of the Judge Advocate General is vacant, or the Judge Advocate General is absent or unable to serve, the Deputy Judge Advocate General takes over the job's duties until a new Judge Advocate General is appointed or the Judge Advocate General returns. (e) If the Deputy Judge Advocate General is also absent or unable to serve, the Assistant Judge Advocates General take over instead, in whatever order the Secretary of the Navy sets.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

There is a Deputy Judge Advocate General of the Navy who is appointed by the President from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate General.

(2)

Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Deputy Judge Advocate General, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.

(3)

If the Secretary of the Navy elects to convene a selection board under section 611(a) of this title to consider eligible officers for selection to appointment as Deputy Judge Advocate General, the Secretary may, in connection with such consideration for selection—

(A)

treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and

(B)

waive section 619(a)(2) of this title if the Secretary determines that the needs of the Navy require the waiver.

(b)

An officer of the Judge Advocate General’s Corps who has the qualifications prescribed for the Judge Advocate General in section 8088(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of rear admiral (lower half).

(c)

A judge advocate of the Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 8088(b) of this title may be detailed as Assistant Judge Advocate General of the Navy. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of brigadier general.

(d)

When there is a vacancy in the Office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases.

(e)

When subsection (d) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the Assistant Judge Advocates General, in the order directed by the Secretary of the Navy, shall perform the duties of the Judge Advocate General.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 290, § 5149; Pub. L. 85–861, § 33(a)(28), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87–649, § 14c(21), Sept. 7, 1962, 76 Stat. 501; Pub. L. 89–718, § 36, Nov. 2, 1966, 80 Stat. 1120; Pub. L. 90–179, § 2(2), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90–623, § 2(9), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title V, § 503(13), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–661, div. A, title V, § 508(b), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 103–337, div. A, title V, § 504(b)(2), Oct. 5, 1994, 108 Stat. 2751; Pub. L. 114–328, div. A, title V, § 502(gg), Dec. 23, 2016, 130 Stat. 2105; Pub. L. 115–91, div. A, title V, § 508(b), Dec. 12, 2017, 131 Stat. 1375; renumbered § 8089 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(2), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

history & why it existsrecord from the source credit

1956Enacted · Act of Aug. 10, 1956, ch. 1041
1958Amended · Pub. L. 85-861 · 72 Stat. 1566
1962Amended · Pub. L. 87-649 · 76 Stat. 501
1966Amended · Pub. L. 89-718 · 80 Stat. 1120
1967Amended · Pub. L. 90-179 · 81 Stat. 546
1968Amended · Pub. L. 90-623 · 82 Stat. 1314
1980Amended · Pub. L. 96-513 · 94 Stat. 2912
1981Amended · Pub. L. 97-86 · 95 Stat. 1105
1985Amended · Pub. L. 99-145 · 99 Stat. 628
1986Amended · Pub. L. 99-661 · 100 Stat. 3867
1994Amended · Pub. L. 103-337 · 108 Stat. 2751
2016Amended · Pub. L. 114-328 · 130 Stat. 2105
2017Amended · Pub. L. 115-91 · 131 Stat. 1375
2018Amended · Pub. L. 115-232 · 132 Stat. 1834, 1840

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

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