10 U.S. Code § 6969 - Band: composition

(a) The Naval Academy Band shall be composed of one leader, one second leader, and such enlisted members of the Navy as may be assigned.
(b) In determining years of service for the purpose of retirement, and in determining eligibility for reenlistment bonus, the members who are assigned as leader and second leader shall be treated as if they had not been so assigned.
(c) The enlisted members assigned to the Naval Academy Band shall be distributed in grade substantially the same as in the United States Navy Band.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Pub. L. 87–649, § 14c(52),Sept. 7, 1962, 76 Stat. 501.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
6969 34 U.S.C. 1091a. Feb. 14, 1931, ch. 184, 46 Stat. 1111; July 17, 1953, ch. 226, § 2, 67 Stat. 181.

In subsection (a) the words “of the Navy” are supplied since the requirement that the distribution in ratings be similar to that in the United States Navy Band indicates that the Naval Academy Band should not include members of the Marine Corps, and it is so interpreted.
In subsection (b) the words “an officer in the grade of warrant officer, W–1,” are substituted for the words “a warrant officer” because the Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of all the former warrant officer (as distinguished from commissioned warrant officer) grades. The second sentence covers that part of the second proviso which relates to pay and makes reference to the Career Compensation Act of 1949, since it is that Act which governs entitlement to basic pay and the computation of cumulative years of creditable service. Retirement rights and reenlistment bonuses referred to in the second proviso are covered in the third sentence of this subsection, giving recognition to the fact that the status of the members who are assigned as leader and second leader of the band remains unchanged in these respects.
Amendments

1962—Subsec. (b). Pub. L. 87–649repealed first and second sentences which related to pay and allowances for the leader and second leader of the Naval Academy Band, and to crediting of service for pay purposes. See sections 207 and 424 of Title 37, Pay and Allowances of the Uniformed Services.
Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649effective Nov. 1, 1962, see section 15 ofPub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.
Permanent Grade of Present Leader of Band

Act July 17, 1953, ch. 226, § 3,67 Stat. 180, authorized President to appoint present leader of United States Navy Band to permanent commissioned grade of commander in the Navy, and that such appointment shall be deemed to be not in the line of the Navy or in any staff corps of the Navy.

 

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