Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNEL
Chapter 77 - POSTHUMOUS COMMISSIONS AND WARRANTS
Section 1521 - Posthumous commissions

10 U.S.C. § 1521

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 1521 - Posthumous commissions
(a) The President may issue, or have issued, an appropriate commission in the name of a member of the armed forces who, after September 8, 1939-
(1) was appointed to a commissioned grade but was unable to accept the appointment because of death;
(2) successfully completed the course at an officers' training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of the school but was unable to accept the appointment because of death; or
(3) was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the promotion or appointment because of death.
(b) A commission issued under subsection (a) shall issue as of the date of the appointment, recommendation, or official recommendation, as the case may be, and the member's name shall be carried on the records of the military or executive department concerned as if he had served in the grade, and branch if any, in which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of his death.
(c) A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

10 U.S.C. § 1521

Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106-398, §1[[div. A], title V, §505], Oct. 30, 2000, 114 Stat. 1654, 1654A-102; Pub. L. 110-417, [div. A], title V, §502(a), Oct. 14, 2008, 122 Stat. 4433.

HISTORICAL AND REVISION NOTE
Revised sectionSource (U.S. Code)Source (Statutes at Large)
1521(a) 10:491a (words before semicolon).10:491b (words before semicolon).10:491c (words before semicolon). July 28, 1942, ch. 528, §§1-3, 56 Stat. 722, 723; July 17, 1953, ch. 220, §1(a)-(c), 67 Stat. 176.
34:285b (words before semicolon).
34:285c (words before semicolon).
34:285d (words before semicolon).
1521(b) 10:491a (words after semicolon).
10:491b (words after semicolon).
10:491c (words after semicolon).
34:285b (words after semicolon).
34:285c (words after semicolon).
34:285d (words after semicolon).
In subsection (a), the words "a member of" are substituted for the words "any person who, while in", in 10:491a, 491b, 491c, and 34:285b, 285c, and 285d. The words "armed forces" are substituted for the words "military service of the United States", in 10:491a, 491b, and 491c; and the words "naval service of the United States", in 34:285b, 285c, and 285d (which did not appear in the source statute for the revised section, as amended by the Act of July 17, 1953, ch. 220, §1(b), 67 Stat. 177). The words "to such grade", in 10:491a and 34:285b, "receive or", in 10:491c and 34:285d, are omitted as surplusage.In subsection (b), the words "if any" are substituted for words "of the service". The words "appointment and", in 10:491b and 34:285c, and "appointment or promotion and", in 10:491c and 34:285d, are omitted as surplusage.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (a). Pub. L. 110-417, §502(a)(1), struck out "in line of duty" after "death" in pars. (1) to (3). Subsec. (c). Pub. L. 110-417, §502(a)(2), added subsec. (c).2000-Subsec. (a)(3). Pub. L. 106-398, §1[[div. A], title V, §505(a)], struck out "and the recommendation for whose appointment or promotion was approved by the Secretary concerned" after "commissioned grade".Subsec. (b). Pub. L. 106-398, §1[[div. A], title V, §505(b)], substituted "official recommendation" for "approval" in two places.

STATUTORY NOTES AND RELATED SUBSIDIARIES

DETERMINATION OF DATE OF DEATH UNDER MISSING PERSONS ACTAct July 28, 1942, ch. 528, §5, as added July 17, 1953, ch. 220, §1(e), 67 Stat. 177, provided that for purposes of this chapter, in any case where the date of death is established under the Missing Persons Act, as amended, the date of death is the date of receipt by the head of the department concerned of evidence that the person is dead, or the date the finding of death is made under section 5 of that Act, prior to repeal by Pub. L. 89-718, §12(b), Nov. 2, 1966, 80 Stat. 1117. See section 1524 of this title.

EXECUTIVE DOCUMENTS

DELEGATION OF FUNCTIONSFor assignment of functions of President under subsec. (a) of this section, see sections 1(a) and 2(a) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
armed forces
The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer
The term "officer" means a commissioned or warrant officer.