Public Law 119-73 (01/23/2026)

10 U.S.C. § 8375

Navy and Marine Corps; warrant officers, W–1: limitation on dismissal

(a)
No officer who holds the grade of warrant officer, W–1, may be dismissed from the Navy or the Marine Corps except in time of war, by order of the President.
(b)
The President may drop from the rolls of the Navy or the Marine Corps any officer who holds the grade of warrant officer, W–1, who—
(1)
has been absent without authority for at least three months; or
(2)
is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.

Aug. 10, 1956, ch. 104170A Stat. 416Pub. L. 115–232, div. A, title VIII, § 807(b)(16)132 Stat. 1836(, , § 6408; renumbered § 8375, , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

6408

50 U.S.C. 739 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps).

May 5, 1950, ch. 169, § 10 (as applicable to warrant officers, W–1, of the Navy and the Marine Corps), 64 Stat. 146.

50 U.S.C. 73950 U.S.C. 739§ 1161 of this titleThis section reflects the opinion of the Judge Advocate General of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that applies to warrant officers (now warrant officers, W–1), of the Navy and the Marine Corps. The Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the former warrant officer (as distinguished from commissioned warrant officer) grades. , as applicable to officers above the grade of warrant officer, W–1, is codified in .

In subsection (a) the words “by sentence of a general court-martial, or in commutation thereof” are omitted since the separation from the service of a warrant officer, W–1, by sentence of court-martial is effected by dishonorable discharge.

In subsection (b) the words “from his place of duty” are omitted as surplusage. The words “at least” are substituted for the words “or more”. The words “by a court other than a court-martial or other military court” are substituted for the words “by the civil authorities”.

Editorial Notes

Prior Provisions

Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)108 Stat. 2963Prior sections 8375 to 8378 were repealed by , , , effective .

Pub. L. 85–861, § 1(178)(C)72 Stat. 1528Pub. L. 86–559, § 1(59)74 Stat. 277Pub. L. 96–513, title V, § 514(3)94 Stat. 2935Section 8375, added , , ; amended , , ; , , , related to transfer or discharge of officers promoted to reserve grade of brigadier general or major general ceasing to occupy those positions. See section 14314(a), (c) of this title.

Pub. L. 85–861, § 1(178)(C)72 Stat. 1528Pub. L. 86–559, § 1(60)74 Stat. 277Section 8376, added , , ; amended , , , related to promotion of commissioned officers of Air Force Reserve or Air National Guard of United States to higher reserve grades after temporary appointments. See section 14301 et seq. of this title.

Pub. L. 85–861, § 1(178)(C)72 Stat. 1529Pub. L. 86–559, § 1(61)74 Stat. 277Section 8377, added , , ; amended , , , related to effect of removal of reserve commissioned officer from recommended promotion list by President. See section 14301 et seq. of this title.

Pub. L. 85–861, § 1(178)(C)72 Stat. 1530section 14317(a) of this titleSection 8378, added , , , related to promotion of reserve commissioned officers removed from active status. See .

Pub. L. 85–861, § 1(178)(C)72 Stat. 1530Pub. L. 103–337, div. A, title XVI, § 1636(c)108 Stat. 2968A prior section 8379, added , , , provided that appointing commissioned officers of Air National Guard was function of governors, prior to repeal by , , , effective .

Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)108 Stat. 2963Prior sections 8380 and 8381 were repealed by , , , effective .

Pub. L. 85–861, § 1(178)(C)72 Stat. 1530Pub. L. 86–559, § 1(62)74 Stat. 277Pub. L. 98–94, title X, § 1015(b)(1)97 Stat. 667Pub. L. 99–145, title V, § 521(b)99 Stat. 631Pub. L. 100–180, div. A, title V, § 502(b)(1)101 Stat. 1085Pub. L. 101–189, div. A, title V, § 503(b)(1)103 Stat. 1437Pub. L. 102–484, div. A, title V, § 519(b)106 Stat. 2408Pub. L. 103–160, div. A, title V, § 514(b)107 Stat. 1649Pub. L. 104–106, div. A, title V, § 511(b)110 Stat. 298section 14311(e) of this titleSection 8380, added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title XV, § 1501(c)(31), , , 500, related to promotion of reserve commissioned officers on active duty and not on the active duty list. See .

Pub. L. 85–861, § 1(178)(C)72 Stat. 1531Pub. L. 100–456, div. A, title XII, § 1234(a)(1)102 Stat. 2059Section 8381, added , , ; amended , , , related to transfer, discharge, or withdrawal of Federal recognition of reserve officers ceasing to occupy position of adjutant general or assistant adjutant general. See section 14314(b), (c) of this title.

Amendments

Pub. L. 115–232section 6408 of this title2018— renumbered as this section.

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 .