
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1521]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
             CHAPTER 77--POSTHUMOUS COMMISSIONS AND WARRANTS
 
Sec. 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 in line of duty;
        (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 in line of duty; 
    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 in line of duty.

    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106-398, Sec. 1 [[div. 
A], title V, Sec. 505], Oct. 30, 2000, 114 Stat. 1654, 1654A-102.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1521(a)...............................  10:491a (words before semicolon).    Ju
ly 28, 1942, ch. 528, Secs.  1-3,
                                        10:491b (words before semicolon).     5
6 Stat. 722, 723; July 17, 1953,
                                        10:491c (words before semicolon).     c
h. 220, Sec.  1(a)-(c), 67 Stat.
                                                                              1
76.
                                        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, Sec. 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.


                               Amendments

    2000--Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 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, Sec. 1 [[div. A], title V, 
Sec. 505(b)], substituted ``official recommendation'' for ``approval'' 
in two places.


        Determination of Date of Death Under Missing Persons Act

    Section 5 of act July 28, 1942, ch. 528, as added July 17, 1953, ch. 
220, Sec. 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, Sec. 12(b), Nov. 2, 
1966, 80 Stat. 1117. See section 1524 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1524 of this title.
