§ 8375. Navy and Marine Corps; warrant officers, W–1: limitation on dismissal
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(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. 1041, 70A Stat. 416, § 6408; renumbered § 8375, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.)
This section reflects the opinion of the Judge Advocate General of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739 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. 50 U.S.C. 739, as applicable to officers above the grade of warrant officer, W–1, is codified in § 1161 of this title.
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”.
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37 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 416
- 132 Stat. 1836
- 50 U.S.C. 739
- Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)
- 108 Stat. 2963
- Pub. L. 85–861, § 1(178)(C)
- 72 Stat. 1528
- Pub. L. 86–559, § 1(59)
- 74 Stat. 277
- Pub. L. 96–513, title V, § 514(3)
- 94 Stat. 2935
- Pub. L. 86–559, § 1(60)
- 72 Stat. 1529
- Pub. L. 86–559, § 1(61)
- 72 Stat. 1530
- Pub. L. 103–337, div. A, title XVI, § 1636(c)
- 108 Stat. 2968
- Pub. L. 86–559, § 1(62)
- Pub. L. 98–94, title X, § 1015(b)(1)
- 97 Stat. 667
- Pub. L. 99–145, title V, § 521(b)
- 99 Stat. 631
- Pub. L. 100–180, div. A, title V, § 502(b)(1)
- 101 Stat. 1085
- Pub. L. 101–189, div. A, title V, § 503(b)(1)
- 103 Stat. 1437
- Pub. L. 102–484, div. A, title V, § 519(b)
- 106 Stat. 2408
- Pub. L. 103–160, div. A, title V, § 514(b)
- 107 Stat. 1649
- Pub. L. 104–106, div. A, title V, § 511(b)
- 110 Stat. 298
- 72 Stat. 1531
- Pub. L. 100–456, div. A, title XII, § 1234(a)(1)
- 102 Stat. 2059
- section 6408 of this title
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§ 8375
Navy and Marine Corps; warrant officers, W–1: limitation on dismissal
U.S.C.×1
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 416
Stat.132 Stat. 1836
Cite50 U.S.C. 739
Pub. L.Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)
Cites 42 · showing 10Cited by 1 across 1 source