Aug. 10, 1956, ch. 1041 70A Stat. 289 Pub. L. 87–649, § 14c(20)76 Stat. 501 Pub. L. 90–179, § 2(1)81 Stat. 546 Pub. L. 96–513, title III, § 34394 Stat. 2901 Pub. L. 103–337, div. A, title V, § 504(b)(1)108 Stat. 2750 Pub. L. 108–375, div. A, title V, § 574(b)(1)118 Stat. 1922 Pub. L. 109–163, div. A, title V, § 508(b)119 Stat. 3229 Pub. L. 110–181, div. A, title V, § 543(b)122 Stat. 115 Pub. L. 114–328, div. A, title V, § 502(ff)130 Stat. 2105 Pub. L. 115–232, div. A, title VIII, § 807(a)(2)132 Stat. 1834 Pub. L. 119–60, div. A, title V, § 506(b)139 Stat. 858 (, , § 5148; , , ; , , ; , , ; , , ; , , ; , title X, § 1057(a)(2), , , 3440; , , ; , , ; renumbered § 8088, , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
5148 | June 8, 1880, ch. 129, 21 Stat. 164; June 5, 1896, ch. 331, 29 Stat. 251. | |
| 50 U.S.C. 741 (as applicable to Navy JAG). | May 5, 1950, ch. 169, § 13 (as applicable to Navy JAG), 64 Stat. 147. |
| 5 U.S.C. 441 (as applicable to JAG). | July 1, 1918, ch. 114, 40 Stat. 717 (1st sentence on p. 717, as applicable to JAG). |
| 5 U.S.C. 425a (as applicable to JAG). | June 22, 1938, ch. 567 (as applicable to JAG), 52 Stat. 839. |
5 U.S.C. 4415 U.S.C. 441In subsection (b) the rank, pay, allowances, and privileges of retirement of chiefs of bureaus of the Navy are incorporated. apparently relates the Judge Advocate General of the Navy to the Judge Advocate General of the Army, as well as to bureau chiefs. However, since the creation of the Department of the Air Force by the National Security Act of 1947, if the incorporation to the Army provision is retained, the saving provisions in the act require an incorporation also to the rank, etc., of the Judge Advocate General of the Air Force. The rank of the Judge Advocate General of each of the other departments is now specified in organizational law to be major general. Since it is possible that these ranks may at some future time not be the same, incorporation by reference to them is no longer appropriate. Instead, the section relates the Judge Advocate General’s rank, pay, allowances, and privileges of retirement to those of bureau chiefs as does , in part.
In subsection (c), clauses (1) and (4) are substituted for the words “and perform such other duties as have heretofore been performed by the Solicitor and Naval Judge Advocate General” to describe the duties of the Judge Advocate General directly instead of by reference to the duties performed by an officer whose office was abolished more than 75 years ago.
5 U.S.C. 428Subsection (c)(2) is substituted for the reference, in , to courts-martial and courts of inquiry, since the Uniform Code of Military Justice has superseded prior law as to the duties of the Judge Advocates General relating to these courts.
Editorial Notes
Amendments
Pub. L. 119–602025—Subsec. (f). added subsec. (f).
Pub. L. 115–232section 5148 of this title2018— renumbered as this section.
Pub. L. 114–3282016—Subsec. (b). struck out last sentence which read as follows: “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.”
Pub. L. 110–1812008—Subsec. (b). substituted “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.” for “The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate.”
Pub. L. 109–163, § 1057(a)(2)2006—Subsec. (b). , struck out “or Territory” after “highest court of a State”.
Pub. L. 109–163, § 508(b), substituted “The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate.” for “If an officer appointed as the Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.”
Pub. L. 108–3752004—Subsec. (e). added subsec. (e).
Pub. L. 103–337, § 504(b)(1)(A)1994—Subsec. (b). , added last sentence and struck out former last sentence which read as follows: “While so serving, the Judge Advocate General of the Navy shall be entitled to the rank and grade of rear admiral or major general, as appropriate, unless entitled to a higher rank and grade under another provision of law.”
Pub. L. 103–337, § 504(b)(1)(B)section 5133 of this titleSubsec. (c). , added subsec. (c) and struck out former subsec. (c) which read as follows: “The Judge Advocate General of the Navy is entitled to the same rank and privileges of retirement as provided for chiefs of bureaus in .”
Pub. L. 96–5131980—Subsec. (b). inserted provision entitling Judge Advocate General of Navy to rank and grade of rear admiral or major general, as appropriate.
Pub. L. 90–179, § 2(1)(A)1967—, inserted reference to Judge Advocate General’s Corps in section catchline.
Pub. L. 90–179, § 2(1)(B)Subsecs. (a) to (d). , (C), added subsec. (a), redesignated existing subsecs. (a) to (c) as (b) to (d), respectively, and in subsec. (b) as so redesignated substituted “judge advocates” for “officers”.
Pub. L. 87–6491962—Subsec. (b). struck out “, pay, allowances,” after “same rank”. See Title 37, Pay and Allowances of the Uniformed Services.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
Effective Date of 1980 Amendment
Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .
Effective Date of 1962 Amendment
Pub. L. 87–649section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.
Redesignation of Navy Law Specialists as Judge Advocates
Pub. L. 90–179, § 881 Stat. 549
Savings Provision
Pub. L. 90–179, § 1081 Stat. 549