Aug. 10, 1956, ch. 104170A Stat. 290Pub. L. 85–861, § 33(a)(28)72 Stat. 1566Pub. L. 87–649, § 14c(21)76 Stat. 501Pub. L. 89–718, § 3680 Stat. 1120Pub. L. 90–179, § 2(2)81 Stat. 546Pub. L. 90–623, § 2(9)82 Stat. 1314Pub. L. 96–513, title V, § 503(13)94 Stat. 2912Pub. L. 97–86, title IV, § 405(b)(1)95 Stat. 1105Pub. L. 99–145, title V, § 514(b)(1)99 Stat. 628Pub. L. 99–661, div. A, title V, § 508(b)100 Stat. 3867Pub. L. 103–337, div. A, title V, § 504(b)(2)108 Stat. 2751Pub. L. 114–328, div. A, title V, § 502(gg)130 Stat. 2105Pub. L. 115–91, div. A, title V, § 508(b)131 Stat. 1375Pub. L. 115–232, div. A, title VIII132 Stat. 1834(, , § 5149; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 8089 and amended , §§ 807(a)(2), 809(a), , , 1840.)
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Historical and Revision Notes |
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Revised section | Source (U.S. Code) | Source (Statutes at Large) |
5149(a) | 5 U.S.C. 444 (less last 19 words). | Aug. 29, 1916, ch. 417 (3d par., 96th through 121st word), 39 Stat. 558. |
| 5 U.S.C. 453 (as applicable to Asst. JAG). | Mar. 4, 1925, ch. 536, § 15 (as applicable to Asst. JAG), 43 Stat. 1275. |
5149(b) | 5 U.S.C. 444 (last 19 words). | Aug. 29, 1916, ch. 417 (3d par., 122d word to end of par.), 39 Stat. 558. |
5149(c) | 5 U.S.C. 432a (as applicable to JAG). | Feb. 3, 1942, ch. 35, § 1 (as applicable to JAG), 56 Stat. 47. |
§ 5135 of this titleChanges in phraseology are made to conform to the language used in .
Editorial Notes
Amendments
Pub. L. 115–232, § 807(a)(2)section 5149 of this title2018—, renumbered as this section.
Pub. L. 115–232, § 809(a)Subsecs. (b), (c). , substituted “section 8088(b)” for “section 5148(b)”.
Pub. L. 115–912017—Subsec. (a)(3). added par. (3).
Pub. L. 114–328, § 502(gg)(1)2016—Subsec. (a)(1). , struck out “, by and with the advice and consent of the Senate,” after “appointed by the President” and struck out second sentence which read as follows: “If an officer appointed as the Deputy 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. 114–328, § 502(gg)(2)Subsec. (b). , struck out second and last sentences which read “While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate.” and “If he is retired as a rear admiral (lower half), he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.”, respectively.
Pub. L. 114–328, § 502(gg)(2)Subsec. (c). , struck out second and last sentences which read “While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate.” and “If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.”, respectively.
Pub. L. 103–337section 5133 of this title1994—Subsec. (a). designated existing provisions as par. (1), added second sentence, struck out former second and third sentences which read as follows: “While so serving he is entitled to the grade of rear admiral or major general, as appropriate, unless entitled to a higher grade under another provision of law. The Deputy Judge Advocate General is entitled to the same privileges of retirement as provided for chiefs of bureaus in .”, and added par. (2).
Pub. L. 99–661, § 508(b)(1)section 5148(b) of this title1986—Subsec. (a). , substituted “There is a Deputy Judge Advocate General of the Navy who is appointed by the President, by and with the advice and consent of the Senate, from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate General” for “A judge advocate of the Navy or Marine Corps who has the qualifications prescribed for the Judge Advocate General in shall be detailed as Deputy Judge Advocate General of the Navy”, and struck out “rank and” before “grade of” and struck out “rank or” before “grade under” in second sentence.
Pub. L. 99–661, § 508(b)(2)Subsec. (b). , substituted “While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate” for “While so serving he is entitled to the rank and grade of rear admiral (lower half), unless entitled to a higher rank or grade under another provision of law”.
Pub. L. 99–661, § 508(b)(3)Subsec. (c). , substituted “While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate” for “While so serving he is entitled to the rank and grade of brigadier general, unless entitled to a higher rank or grade under another provision of law”.
Pub. L. 99–1451985—Subsec. (b). substituted “rear admiral (lower half)” for “commodore” in three places.
Pub. L. 97–861981—Subsec. (b). substituted “commodore” for “commodore admiral” in three places.
Pub. L. 96–513, § 503(13)(A)1980—Subsec. (a). , struck out “(upper half)” after “entitled to the rank and grade of rear admiral”.
Pub. L. 96–513, § 503(13)(B)Subsec. (b). , (C), substituted “rank and grade of commodore admiral” for “rank and grade of rear admiral (lower half)” in two places, “retired as a commodore admiral” for “retired as a rear admiral”, and “retired pay of that grade” for “retired pay in the lower half of that grade”.
Pub. L. 90–6231968—Subsec. (c). substituted “5148(b)” for “4158(b)”.
Pub. L. 90–1791967— inserted reference to Deputy Judge Advocate General and substituted “Advocates General” for “Advocate General; succession to duties” after “Assistant Judge” in section catchline.
Pub. L. 90–179Subsec. (a). substituted provisions relating to the detailing of a judge advocate of the Navy or Marine Corps as Deputy Judge Advocate General of the Navy, his rank while so serving and retirement privileges for provisions relating to the detailing of an officer of the Navy or Marine Corps as Assistant Judge Advocate General.
Pub. L. 90–179Subsecs. (b) to (d). added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d), as so redesignated, substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General, unless otherwise directed by the President,”.
Pub. L. 90–179Subsec. (e). redesignated former subsec. (c) as (e) and in subsec. (e), as so redesignated, substituted provisions relating to the performance of the duties of the Judge Advocate General by the Assistant Judge Advocates General in the event of the absence or disability of the Deputy Judge Advocate General for provisions relating to the performance of such duties by the heads of the major divisions of the Office of the Judge Advocate General in the event of the absence or disability of the Assistant Judge Advocate General.
Pub. L. 89–7181966— struck out “pay,” before “succession” in section catchline.
Pub. L. 87–649section 202 of Title 371962—Subsec. (a). repealed last sentence which provided that a person detailed as Assistant Judge Advocate General is entitled to the highest pay of his rank. See , Pay and Allowances of the Uniformed Services.
Pub. L. 85–8611958—Subsec. (b). substituted “office” for “Office”.
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 1986 Amendment
Pub. L. 99–661section 508(f) of Pub. L. 99–661section 12210 of this titleAmendment by applicable with respect to appointments or details made on or after , see , set out as an Effective Date note under .
Effective Date of 1981 Amendment
Pub. L. 97–86section 405(f) of Pub. L. 97–86section 101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , 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.
Effective Date of 1958 Amendment
Pub. L. 85–861section 33(g) of Pub. L. 85–861section 101 of this titleAmendment by effective , see , set out as a note under .
Grandfathering of Retired Grade of Assistant Judge Advocates General of the Navy as of Repeal of Statutory Specification of General and Flag Officers Grades in the Armed Forces
Pub. L. 115–91, div. A, title V, § 509131 Stat. 1375
In General .—
Specified Positions .—
Rank; Retirement BenefitsOfficer Serving as Deputy and Assistant Judge Advocate of the Navy on ;
Pub. L. 90–179, § 981 Stat. 549
Executive Documents
Delegation of Functions
section 301 of Title 3Functions of President under this section delegated to Secretary of Defense, see section 1(8) of Ex. Ord. No. 11390, , 33 F.R. 841, set out as a note under , The President.