(Aug. 10, 1956, ch. 1041, 70A Stat. 289; Pub. L. 87–649, § 14c(20),Sept. 7, 1962, 76 Stat. 501; Pub. L. 90–179, § 2(1),Dec. 8, 1967, 81 Stat. 546; Pub. L. 96–513, title III, § 343,Dec. 12, 1980, 94 Stat. 2901; Pub. L. 103–337, div. A, title V, § 504(b)(1),Oct. 5, 1994, 108 Stat. 2750; Pub. L. 108–375, div. A, title V, § 574(b)(1),Oct. 28, 2004, 118 Stat. 1922; Pub. L. 109–163, div. A, title V, § 508(b), title X, § 1057(a)(2),Jan. 6, 2006, 119 Stat. 3229, 3440; Pub. L. 110–181, div. A, title V, § 543(b),Jan. 28, 2008, 122 Stat. 115.)
Historical and Revision Notes
| Revised section
|| Source (U.S. Code)
|| Source (Statutes at Large)
||5 U.S.C. 428.
||June 8, 1880, ch. 129, 21 Stat. 164; June 5, 1896, ch. 331, 29 Stat. 251.
||50 U.S.C. 741 (as applicable to Navy JAG).
||May 5, 1950, ch. 169, § 13 (as applicable to Navy JAG), 64 Stat. 147.
||5 U.S.C. 441 (as applicable to JAG).
||July 1, 1918, ch. 114, 40 Stat. 717 (1st sentence on p. 717, as applicable to JAG).
||5 U.S.C. 425a (as applicable to JAG).
||June 22, 1938, ch. 567 (as applicable to JAG), 52 Stat. 839.
In subsection (b) the rank, pay, allowances, and privileges of retirement of chiefs of bureaus of the Navy are incorporated. 5
U.S.C. 441 apparently relates the Judge Advocate General of the Navy to the Judge Advocate General of the Army, as well as to bureau chiefs. However, since the creation of the Department of the Air Force by the National Security Act of 1947, if the incorporation to the Army provision is retained, the saving provisions in the act require an incorporation also to the rank, etc., of the Judge Advocate General of the Air Force. The rank of the Judge Advocate General of each of the other departments is now specified in organizational law to be major general. Since it is possible that these ranks may at some future time not be the same, incorporation by reference to them is no longer appropriate. Instead, the section relates the Judge Advocate General’s rank, pay, allowances, and privileges of retirement to those of bureau chiefs as does 5
U.S.C. 441, in part.
In subsection (c), clauses (1) and (4) are substituted for the words “and perform such other duties as have heretofore been performed by the Solicitor and Naval Judge Advocate General” to describe the duties of the Judge Advocate General directly instead of by reference to the duties performed by an officer whose office was abolished more than 75 years ago.
Subsection (c)(2) is substituted for the reference, in 5
U.S.C. 428, to courts-martial and courts of inquiry, since the Uniform Code of Military Justice has superseded prior law as to the duties of the Judge Advocates General relating to these courts.
2008—Subsec. (b). Pub. L. 110–181
substituted “The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.” for “The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate.”
2006—Subsec. (b). Pub. L. 109–163
, § 1057(a)(2), struck out “or Territory” after “highest court of a State”.
Pub. L. 109–163
, § 508(b), substituted “The Judge Advocate General, while so serving, shall hold a grade not lower than rear admiral or major general, as appropriate.” for “If an officer appointed as the 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.”
2004—Subsec. (e). Pub. L. 108–375
added subsec. (e).
1994—Subsec. (b). Pub. L. 103–337
, § 504(b)(1)(A), added last sentence and struck out former last sentence which read as follows: “While so serving, the Judge Advocate General of the Navy shall be entitled to the rank and grade of rear admiral or major general, as appropriate, unless entitled to a higher rank and grade under another provision of law.”
Subsec. (c). Pub. L. 103–337
, § 504(b)(1)(B), added subsec. (c) and struck out former subsec. (c) which read as follows: “The Judge Advocate General of the Navy is entitled to the same rank and privileges of retirement as provided for chiefs of bureaus in section
of this title.”
1980—Subsec. (b). Pub. L. 96–513
inserted provision entitling Judge Advocate General of Navy to rank and grade of rear admiral or major general, as appropriate.
1967—Pub. L. 90–179
, § 2(1)(A), inserted reference to Judge Advocate General’s Corps in section catchline.
Subsecs. (a) to (d). Pub. L. 90–179
, § 2(1)(B), (C), added subsec. (a), redesignated existing subsecs. (a) to (c) as (b) to (d), respectively, and in subsec. (b) as so redesignated substituted “judge advocates” for “officers”.
1962—Subsec. (b). Pub. L. 87–649
struck out “, pay, allowances,” after “same rank”. See Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513
effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513
effective on Dec. 12, 1980, see section 701 ofPub. L. 96–513
, set out as a note under section
of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–649
effective Nov. 1, 1962, see section 15 ofPub. L. 87–649
, set out as an Effective Date note preceding section
, Pay and Allowances of the Uniformed Services.
Redesignation of Navy Law Specialists as Judge Advocates
Pub. L. 90–179
, § 8,Dec. 8, 1967, 81 Stat. 549
, provided that:
“(a) In this section ‘law specialist’ means a line officer on the active or retired list of the Regular Navy or of the Naval Reserve designated for special duty (law) or a line officer of the Naval Reserve [now Navy Reserve] assigned a numerical designator indicating a special duty officer (law).
“(b) All law specialists in the Navy are redesignated as judge advocates in the Judge Advocate General’s Corps of the Navy. Each law specialist of the Navy who is on a promotion list on the day before the effective date of this Act [Dec. 8, 1967] shall be placed on the appropriate promotion list for the Judge Advocate General’s Corps and shall be eligible for promotion when the officer who is to be his running mate in the next higher grade becomes eligible for promotion in that grade.”
Section 10 ofPub. L. 90–179
provided that: “This Act [enacting sections
of this title, amending this section, sections
of this title, and section
, and enacting provisions set out as notes under this section and section
of this title] does not affect rights accrued, duties matured, or proceedings commenced before its effective date. Redesignation of an officer under section 8(b) of this Act [set out as a note under this section] shall not operate to change the computation of his service for any purpose.”
Women Officers in Judge Advocate General’s Corps of Navy
Pub. L. 90–179
, § 11,Dec. 8, 1967, 81 Stat. 549
, provided that all provisions of law applicable to male officers in the Navy Judge Advocate General’s Corps, including Naval Reserve, were applicable to women Corps officers, prior to repeal by Pub. L. 97–295
, § 6(b),Oct. 12, 1982, 96 Stat. 1314