
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5133]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
       CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
 
Sec. 5133. Bureau Chiefs: rank; pay and allowances; retirement

    (a) Unless appointed to a higher grade under another provision of 
law, an officer of the Navy, while serving as a chief of bureau, has the 
rank of rear admiral.
    (b) Except for an officer who is serving or has served in the grade 
of vice admiral under section 5137(a) of this title, an officer who is 
retired while serving as a chief of bureau, or who, after serving at 
least two and one-half years as chief of bureau, is retired after 
completion of that service while serving in a lower rank or grade, may, 
in the discretion of the President, be retired with the grade of rear 
admiral, and with retired pay based on that grade. An officer who is 
serving or has served in the grade of vice admiral under section 5137(a) 
of this title may, upon retirement, be appointed by the President, by 
and with the advice and consent of the Senate, to the highest grade held 
by him while on the active list or active-duty list and with retired pay 
based on that grade.
    (c) Except in time of war, any officer of a staff corps who has 
served as a chief of bureau for a full term is exempt from sea duty.

(Aug. 10, 1956, ch. 1041, 70A Stat. 285; Pub. L. 86-174, Sec. 2(2), Aug. 
18, 1959, 73 Stat. 396; Pub. L. 87-649, Sec. 14c(15), Sept. 7, 1962, 76 
Stat. 501; Pub. L. 89-288, Sec. 3, Oct. 22, 1965, 79 Stat. 1050; Pub. L. 
89-718, Sec. 35(2)-(4), Nov. 2, 1966, 80 Stat. 1120; Pub. L. 96-513, 
title V, Sec. 503(9), Dec. 12, 1980, 94 Stat. 2911; Pub. L. 103-337, 
div. A, title V, Sec. 504(b)(3), (5), Oct. 5, 1994, 108 Stat. 2751.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5133(a)...............................  5 U.S.C. 441 (less applicability to  Ju
ly 1, 1918, ch. 114, 40 Stat. 717
                                         JAG).                                (
1st sentence on p. 717, less
                                                                              a
pplicability to JAG).
                                        5 U.S.C. 441a (as applicable to       J
une 20, 1940, ch. 400, Sec.  1(c)
                                         rank, pay and allowances).           (
2d sentence, less applicability
                                                                              t
o retirement), 54 Stat. 493.
                                        5 U.S.C. 439 (last 39 words).        Ju
ly 12, 1921, ch. 44, Sec.  8 (2d
                                                                              p
ar., last 42 words), 42 Stat.
                                                                              1
40.
5133(b)...............................  5 U.S.C. 425a (as applicable to      Ju
ne 22, 1938, ch. 567, 52 Stat.
                                         Chiefs of Bureaus).                  8
39 (as applicable to Chiefs of
                                                                              B
ureaus).
                                        5 U.S.C. 441a (as applicable to      Ju
ne 20, 1940, ch. 400, Sec.  1(c)
                                         retirement).                         (
2d sentence as applicable to
                                                                              r
etirement), 54 Stat. 493.
5133(c)...............................  34 U.S.C. 225.                       R.
S. 1436.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the language that incorporates the rank, pay, and 
allowances of chiefs of bureaus of the War Department for chiefs of 
bureaus is executed. Creation of the Department of the Air Force by the 
National Security Act of 1947, and the saving provisions in Sec. 305 of 
that act, would relate chiefs of bureaus of the Navy to the 
corresponding officers of both the other military departments. Since 
there is now positive organizational law for both of those departments 
providing the grades of the departmental officers, and, since in the 
reorganization of the departments, there is no precise counterpart of 
the chief of a Navy bureau, it is inappropriate to continue the 
incorporation by reference. Subsection (a), therefore, provides that 
bureau chiefs are entitled to have the rank of rear admiral with pay and 
allowances of a rear admiral in the upper half, which, under Sec. 516 of 
the Officer Personnel Act of 1947, corresponds with major general. The 
subsection also recognizes the possibility of appointing an officer of 
the Marine Corps as Chief of the Bureau of Aeronautics by providing that 
such an appointee has the rank, pay, and allowances of a major general.


                               Amendments

    1994--Pub. L. 103-337, Sec. 504(b)(5), struck out ``and Judge 
Advocate General'' after ``Chiefs'' in section catchline.
    Subsec. (a). Pub. L. 103-337, Sec. 504(b)(3)(A), struck out ``or the 
Judge Advocate General'' after ``chief of bureau'' and struck out at end 
``Unless appointed to a higher grade under another provision of law, an 
officer of the Marine Corps, while serving as Judge Advocate General, 
has the rank of major general.''
    Subsec. (b). Pub. L. 103-337, Sec. 504(b)(3)(B), struck out ``or the 
Judge Advocate General'' after ``chief of bureau'' in two places and 
``or major general, as appropriate'' after ``grade of rear admiral''.
    1980--Subsec. (b). Pub. L. 96-513 struck out second sentence 
relating to retired pay of an officer retired in the grade of rear 
admiral, and inserted ``or active-duty list'' after ``active list'' in 
third sentence.
    1966--Pub. L. 89-718 inserted reference to the Judge Advocate 
General in section catchline, substituted ``Judge Advocate General'' for 
``Chief of the Bureau of Naval Weapons'', inserted ``or the Judge 
Advocate General'' after ``chief of bureau'' in subsec. (a), and ``or 
the Judge Advocate General'' after ``chief of bureau'' in subsec. (b).
    1965--Subsec. (b). Pub. L. 89-288 permitted an officer who is 
serving or has served in the grade of vice admiral under section 5137(a) 
of this title, upon retirement, to be appointed by the President, by and 
with the advice and consent of the Senate, to the highest grade held by 
him while on the active list and with the retired pay based on that 
grade.
    1962--Subsec. (a). Pub. L. 87-649 repealed provisions which 
prescribed the pay and allowances of a chief of bureau and of the Chief 
of the Bureau of Naval Weapons, in the Marine Corps. See section 202 of 
Title 37, Pay and Allowances of the Uniformed Services.
    1959--Pub. L. 86-174 substituted ``Bureau of Naval Weapons'' for 
``Bureau of Aeronautics''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.


                    Effective Date of 1962 Amendments

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


                    Effective Date of 1959 Amendment

    For effective date of amendment by Pub. L. 86-174 see note set out 
under section 5131 of this title.

                          Transfer of Functions

    Transfer of functions of Offices of Bureau Chiefs, see note set out 
under section 5111 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5138, 5142 of this title.
