10 U.S. Code § 6408 - 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—
Source(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)
|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.|
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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