10 U.S. Code Part II - PERSONNEL

  1. CHAPTER 31—ENLISTMENTS (§§ 501 – 520c)
  2. CHAPTER 32—OFFICER STRENGTH AND DISTRIBUTION IN GRADE (§§ 521 – 528)
  3. CHAPTER 33—ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES (§§ 531 – 555)
  4. CHAPTER 33A—APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST (§§ 571 – 583)
  5. CHAPTER 34—APPOINTMENTS AS RESERVE OFFICERS (§ 591)
  6. CHAPTER 35—TEMPORARY APPOINTMENTS IN OFFICER GRADES (§§ 601 – 605)
  7. CHAPTER 36—PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST (§§ 611 – 649k)
  8. CHAPTER 37—GENERAL SERVICE REQUIREMENTS (§§ 651 – 657)
  9. CHAPTER 38—JOINT OFFICER MANAGEMENT (§§ 661 – 668)
  10. CHAPTER 39—ACTIVE DUTY (§§ 671 – 691)
  11. CHAPTER 40—LEAVE (§§ 701 – 710)
  12. CHAPTER 41—SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES (§§ 711 – 722)
  13. CHAPTER 43—RANK AND COMMAND (§§ 741 – 750)
  14. CHAPTER 45—THE UNIFORM (§§ 771 – 777a)
  15. CHAPTER 47—UNIFORM CODE OF MILITARY JUSTICE (§§ 801 – 946a)
  16. CHAPTER 47A—MILITARY COMMISSIONS (§§ 948a – 950t)
  17. CHAPTER 48—MILITARY CORRECTIONAL FACILITIES (§§ 951 – 956)
  18. CHAPTER 49—MISCELLANEOUS PROHIBITIONS AND PENALTIES (§§ 971 – 988)
  19. CHAPTER 50—MISCELLANEOUS COMMAND RESPONSIBILITIES (§§ 991 – 994)
  20. CHAPTER 51—RESERVE COMPONENTS: STANDARDS AND PROCEDURES FOR RETENTION AND PROMOTION (§ 1001)
  21. CHAPTER 53—MISCELLANEOUS RIGHTS AND BENEFITS (§§ 1030 – 1060c)
  22. CHAPTER 54—COMMISSARY AND EXCHANGE BENEFITS (§§ 1061 – 1065)
  23. CHAPTER 55—MEDICAL AND DENTAL CARE (§§ 1071 – 1110b)
  24. CHAPTER 56—DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND (§§ 1111 – 1117)
  25. CHAPTER 57—DECORATIONS AND AWARDS (§§ 1121 – 1136)
  26. CHAPTER 58—BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED (§§ 1141 – 1155)
  27. CHAPTER 59—SEPARATION (§§ 1161 – 1178)
  28. CHAPTER 60—SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS (§§ 1181 – 1187)
  29. CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY (§§ 1201 – 1222)
  30. CHAPTER 63—RETIREMENT FOR AGE (§§ 1251 – 1275)
  31. CHAPTER 65—RETIREMENT OF WARRANT OFFICERS FOR LENGTH OF SERVICE (§§ 1293 – 1315)
  32. CHAPTER 67—RETIRED PAY FOR NON-REGULAR SERVICE (§ 1331)
  33. CHAPTER 69—RETIRED GRADE (§§ 1370 – 1376)
  34. CHAPTER 71—COMPUTATION OF RETIRED PAY (§§ 1401 – 1415)
  35. CHAPTER 73—ANNUITIES BASED ON RETIRED OR RETAINER PAY (§§ 1431 – 1456)
  36. CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND (§§ 1461 – 1467)
  37. CHAPTER 75—DECEASED PERSONNEL (§§ 1471 – 1491)
  38. CHAPTER 76—MISSING PERSONS (§§ 1501 – 1513)
  39. CHAPTER 77—POSTHUMOUS COMMISSIONS AND WARRANTS (§§ 1521 – 1524)
  40. CHAPTER 79—CORRECTION OF MILITARY RECORDS (§§ 1551 – 1559)
  41. CHAPTER 80—MISCELLANEOUS INVESTIGATION REQUIREMENTS AND OTHER DUTIES (§§ 1561 – 1567a)
  42. CHAPTER 81—CIVILIAN EMPLOYEES (§§ 1580 – 1599h)
  43. CHAPTER 83—CIVILIAN DEFENSE INTELLIGENCE EMPLOYEES (§§ 1601 – 1623)
  44. CHAPTER 87—DEFENSE ACQUISITION WORKFORCE (§§ 1701 – 1765)
  45. CHAPTER 88—MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE (§§ 1781 – 1800)
  46. [CHAPTER 89—REPEALED] (§ 1801)
Amendments

2011—Pub. L. 111–383, div. A, title X, § 1075(b)(1), Jan. 7, 2011, 124 Stat. 4368, substituted “1030” for “1031” in item for chapter 53.

2009—Pub. L. 111–84, div. A, title X, § 1073(a)(7), Oct. 28, 2009, 123 Stat. 2472, substituted “1580” for “1581” in item for chapter 81.

2006—Pub. L. 109–366, § 3(a)(2), Oct. 17, 2006, 120 Stat. 2630, added item for chapter 47A.

2001—Pub. L. 107–107, div. A, title X, § 1048(a)(1), Dec. 28, 2001, 115 Stat. 1222, struck out period after “1111” in item for chapter 56.

2000—Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–184, added item for chapter 56.

1999—Pub. L. 106–65, div. A, title V, § 586(c)(1), title VII, § 721(c)(2), Oct. 5, 1999, 113 Stat. 638, 694, added item for chapter 50 and substituted “Deceased Personnel” for “Death Benefits” and “1471” for “1475” in item for chapter 75.

1997—Pub. L. 105–85, div. A, title V, § 591(a)(2), Nov. 18, 1997, 111 Stat. 1762, added item for chapter 80.

1996—Pub. L. 104–201, div. A, title XVI, § 1633(c)(3), Sept. 23, 1996, 110 Stat. 2751, substituted “Civilian Defense Intelligence Employees” for “Defense Intelligence Agency and Central Imagery Office Civilian Personnel” in item for chapter 83.

Pub. L. 104–106, div. A, title V, §§ 568(a)(2), 569(b)(2), title X, § 1061(a)(2), Feb. 10, 1996, 110 Stat. 335, 351, 442, added items for chapters 76 and 88 and struck out item for chapter 89 “Volunteers Investing in Peace and Security”.

1994—Pub. L. 103–359, title V, § 501(b)(2), Oct. 14, 1994, 108 Stat. 3429, substituted “Defense Intelligence Agency and Central Imagery Office Civilian Personnel” for “Defense Intelligence Agency Civilian Personnel” in item for chapter 83.

1992—Pub. L. 102–484, div. A, title XIII, § 1322(a)(2), Oct. 23, 1992, 106 Stat. 2553, added item for chapter 89.

1991—Pub. L. 102–190, div. A, title X, § 1061(a)(26)(C)(ii), Dec. 5, 1991, 105 Stat. 1474, effective Oct. 1, 1993, struck out item for chapter 85 “Procurement Management Personnel”.

Pub. L. 102–190, div. A, title XI, § 1112(b)(2), Dec. 5, 1991, 105 Stat. 1501, substituted “Original Appointments of Regular Officers in Grades Above Warrant Officer Grades” for “Appointments in Regular Components” in item for chapter 33 and added item for chapter 33A.

Pub. L. 102–25, title VII, § 701(e)(1), Apr. 6, 1991, 105 Stat. 114, added item for chapter 85.

1990—Pub. L. 101–510, div. A, title V, § 502(a)(2), title XII, § 1202(b), Nov. 5, 1990, 104 Stat. 1557, 1656, added items for chapters 58 and 87 and struck out item for chapter 85 “Procurement Management Personnel”.

1988—Pub. L. 100–370, § 1(c)(3), July 19, 1988, 102 Stat. 841, added item for chapter 54.

1986—Pub. L. 99–433, title IV, § 401(b), Oct. 1, 1986, 100 Stat. 1030, added item for chapter 38.

1985—Pub. L. 99–145, title IX, § 924(a)(2), Nov. 8, 1985, 99 Stat. 698, added item for chapter 85.

1983—Pub. L. 98–94, title IX, § 925(a)(2), title XII, § 1268(15), Sept. 24, 1983, 97 Stat. 648, 707, added item for chapter 74, and substituted “or” for “and” in item for chapter 60.

1981—Pub. L. 97–89, title VII, § 701(a)(2), Dec. 4, 1981, 95 Stat. 1160, added item for chapter 83.

1980—Pub. L. 96–513, title V, §§ 501(1), 511(29), (54)(B), Dec. 12, 1980, 94 Stat. 2907, 2922, 2925, added item for chapter 32, substituted “531” for “541” as section number in item for chapter 33, substituted “34” for “35” as chapter number of chapter relating to appointments as reserve officers, added items for chapters 35 and 36, substituted “Reserve Components: Standards and Procedures for Retention and Promotion” for “Retention of Reserves” in item for chapter 51, added item for chapter 60, substituted “1251” for “1255” as section number in item for chapter 63, substituted “Retirement of Warrant Officers” for “Retirement” in item for chapter 65, substituted “1370” for “1371” as section number in item for chapter 69, and amended item for chapter 73 to read: “Annuities Based on Retired or Retainer Pay”.

1972—Pub. L. 92–425, § 2, Sept. 21, 1972, 86 Stat. 711, amended item for chapter 73 by inserting “; Survivor Benefit Plan” after “Pay” which could not be executed as directed in view of amendment by Pub. L. 87–381. See 1961 Amendment note below.

1968—Pub. L. 90–377, § 2, July 5, 1968, 82 Stat. 288, added item for chapter 48.

1967—Pub. L. 90–83, § 3(2), Sept. 11, 1967, 81 Stat. 220, struck out item for chapter 80 “Exemplary Rehabilitation Certificates”.

1966—Pub. L. 89–690, § 2, Oct. 15, 1966, 80 Stat. 1017, added item for chapter 80.

1962—Pub. L. 87–649, § 3(2), Sept. 7, 1962, 76 Stat. 493, added item for chapter 40.

1961—Pub. L. 87–381, § 1(2), Oct. 4, 1961, 75 Stat. 810, substituted “Retired Servicemen’s Family Protection Plan” for “Annuities Based on Retired or Retainer Pay” in item for chapter 73.

1958—Pub. L. 85–861, §§ 1(21), (26), (33), 33(a)(4)(B), Sept. 2, 1958, 72 Stat. 1443, 1450, 1455, 1564, substituted “General Service Requirements” for “Service Requirements for Reserves” in item for chapter 37, “971” for “[No present sections]” in item for chapter 49, “Medical and Dental Care” for “Voting by Members of Armed Forces” in item for chapter 55, and struck out “Care of the Dead” and substituted “1475” for “1481” in item for chapter 75.

Policy on the Talent Management of Digital Expertise and Software Professionals

Pub. L. 116–92, div. A, title II, § 230, Dec. 20, 2019, 133 Stat. 1273, provided that:

“(a) Policy.—
“(1) In general.—It shall be a policy of the Department of Defense to promote and maintain digital expertise and software development as core competencies of civilian and military workforces of the Department, and as a capability to support the National Defense Strategy, which policy shall be achieved by—
“(A)
the recruitment, development, and incentivization of retention in and to the civilian and military workforce of the Department of individuals with aptitude, experience, proficient expertise, or a combination thereof in digital expertise and software development;
“(B)
at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks related to digital expertise, and related digital competencies for members of the Armed Forces, including the development and maintenance of training, education, talent management, incentives, and promotion policies in support of members at all levels of such career tracks; and
“(C)
the development and application of appropriate readiness standards and metrics to measure and report on the overall capability, capacity, utilization, and readiness of digital engineering professionals to develop and deliver operational capabilities and employ modern business practices.
“(2) Digital engineering defined.—
For purposes of this section, the term ‘digital engineering’ means the discipline and set of skills involved in the creation, processing, transmission, integration, and storage of digital data, including data science, machine learning, software engineering, software product management, and artificial intelligence product management.
“(b) Implementation Plan.—
Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that describes how the Department of Defense will execute the policy described in subsection (a).
“(c) Responsibility.—
“(1) Appointment of officer.—
Not later than 270 days after the date of enactment of this Act [Dec. 20, 2019], the Secretary of Defense may appoint a civilian official responsible for the development and implementation of the policy and implementation plan set forth in subsections (a) and (b), respectively. The official shall be known as the ‘Chief Digital Engineering Recruitment and Management Officer of the Department of Defense’.
“(2) Expiration of appointment.—
The appointment of the Officer under paragraph (1) shall expire on September 30, 2024.”
Enhanced Protections for Prospective Members and New Members of the Armed Forces During Entry-Level Processing and Training

Pub. L. 113–66, div. A, title XVII, § 1741, Dec. 26, 2013, 127 Stat. 977, as amended by Pub. L. 113–291, div. A, title V, § 531(e), Dec. 19, 2014, 128 Stat. 3364, provided that:

“(a) Defining Inappropriate and Prohibited Relationships, Communication, Conduct, and Contact Between Certain Members.—
“(1) Policy required.—
The Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating shall maintain a policy that defines and prescribes, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).
“(2) Covered members.—The policy required by paragraph (1) shall apply to—
“(A)
a member of the Armed Forces who exercises authority or control over, or supervises, a person described in subparagraph (B) during the entry-level processing or training of the person; and
“(B)
a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.
“(3) Inclusion of certain members required.—The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty—
“(A)
for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;
“(B)
at a Military Entrance Processing Station; or
“(C)
at an entry-level training facility or school of an Armed Force.
“(b) Effect of Violations.—
A member of the Armed Forces who violates the policy required by subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.
“(c) Processing for Administrative Separation.—
“(1) In general.—
(A)
The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy required by subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.
“(B)
The Secretary of a military department shall revise regulations applicable to the Armed Forces under the jurisdiction of that Secretary as necessary to ensure compliance with the requirement under subparagraph (A).
“(2) Required elements.—
(A)
In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).
“(B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation—
“(i)
for reasons other than a substantiated violation of the policy required by subsection (a); or
“(ii)
under other provisions of law or regulation.
“(3) Substantiated violation.—For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy required by subsection (a) shall be treated as substantiated if—
“(A)
there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or
“(B)
a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.
“(d) Report on Need for UCMJ Punitive Article.—
Not later than 120 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the recommendations of the Secretary regarding the need to amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to create an additional article under subchapter X of such chapter to address violations of the policy required by subsection (a).
“(e) Definitions.—In this section:
“(1)
The term ‘entry-level processing or training’, with respect to a member of the Armed Forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member’s first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.
“(2)
The term ‘prospective member of the Armed Forces’ means a person who is pursuing or has recently pursued becoming a member of the Armed Forces and who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.
“(f) Regulations.—
Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.”