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Code · BILL · 116th Congress · H.R. 6395 (EAS) — 116 HR 6395 EAS: National Defense Authorization Act for Fiscal Year 2021 · Sec. 552

Sec. 552. Honorary promotion matters

730 words·~3 min read·/bill/116/hr/6395/eas/section-552·

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Chapter 80 of title 10, United States Code, is amended by inserting after section 1563 the following new section: Under regulations prescribed by the Secretary of Defense, the Secretary may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force if the Secretary determines that the promotion is merited.
The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law. The Secretary may not make an honorary promotion pursuant to subsection
(a)until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a notice of the determination to make the promotion, including a detailed discussion of the rationale supporting the determination. Upon making an honorary promotion pursuant to subsection (a), the Secretary shall expeditiously notify the former member or retired member concerned, or the next of kin of such former member or retired member if such former member or retired member is deceased, of the promotion. Any promotion pursuant to this section is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is entitled or would have been entitled based on the military service of such former member or retired member, nor affect any benefits to which any other person is or may become entitled based on the military service of such former member or retired member. . Section 1563 of title 10, United States Code, is amended— in subsection (a)— in the first sentence, by striking the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified, and inserting the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces ; and in the second sentence, by striking the posthumous or honorary promotion or appointment and inserting the promotion ; and in subsection (b), by striking the posthumous or honorary promotion or appointment and inserting the honorary promotion . Such section is further amended— by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection (c): Under regulations prescribed by the Secretary of Defense, the Secretary of Defense may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general, rear admiral (upper half), or an equivalent grade in the Space Force following the submittal of the determination of the Secretary concerned under subsection
(b)in connection with the proposal for the promotion if the determination is to approve the making of the promotion. The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connection with the proposal for the promotion under subsection (b), and the detailed rationale supporting the determination as described in that subsection, to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection. The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law. Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former member or retired member, nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member. . The heading of such section is amended to read as follows: . The table of sections at the beginning of chapter 80 of such title is amended by striking the item relating to section 1563 and inserting the following new items: 1563. Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion. 1563a. Honorary promotions on the initiative of the Department of Defense. .
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