
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: 10USC5149]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
       CHAPTER 513--BUREAUS; OFFICE OF THE JUDGE ADVOCATE GENERAL
 
Sec. 5149. Office of the Judge Advocate General: Deputy Judge 
        Advocate General; Assistant Judge Advocates General
        
    (a)(1) There is a Deputy Judge Advocate General of the Navy who is 
appointed by the President, by and with the advice and consent of the 
Senate, from among judge advocates of the Navy and Marine Corps who have 
the qualifications prescribed for the Judge Advocate General. If an 
officer appointed as the Deputy Judge Advocate General holds a lower 
regular grade, the officer shall be appointed in the regular grade of 
rear admiral or major general, as appropriate.
    (2) Under regulations prescribed by the Secretary of Defense, the 
Secretary of the Navy, in selecting an officer for recommendation to the 
President for appointment as the Deputy Judge Advocate General, shall 
ensure that the officer selected is recommended by a board of officers 
that, insofar as practicable, is subject to the procedures applicable to 
selection boards convened under chapter 36 of this title.
    (b) An officer of the Judge Advocate General's Corps who has the 
qualifications prescribed for the Judge Advocate General in section 
5148(b) of this title may be detailed as Assistant Judge Advocate 
General of the Navy. While so serving, a judge advocate who holds a 
grade lower than rear admiral (lower half) shall hold the grade of rear 
admiral (lower half), if he is appointed to that grade by the President, 
by and with the advice and consent of the Senate. An officer who is 
retired while serving as Assistant Judge Advocate General of the Navy 
under this subsection or who, after serving at least twelve months as 
Assistant Judge Advocate General of the Navy, 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 rank and grade 
of rear admiral (lower half). If he is retired as a rear admiral (lower 
half), he is entitled to the retired pay of that grade, unless entitled 
to higher pay under another provision of law.
    (c) A judge advocate of the Marine Corps who has the qualifications 
prescribed for the Judge Advocate General in section 5148(b) of this 
title may be detailed as Assistant Judge Advocate General of the Navy. 
While so serving, a judge advocate who holds a grade lower than 
brigadier general shall hold the grade of brigadier general, if he is 
appointed to that grade by the President, by and with the advice and 
consent of the Senate. An officer who is retired while serving as 
Assistant Judge Advocate General of the Navy under this subsection or 
who, after serving at least twelve months as Assistant Judge Advocate 
General of the Navy, 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 rank and grade of brigadier general. If 
he is retired as a brigadier general, he is entitled to the retired pay 
of that grade, unless entitled to higher pay under another provision of 
law.
    (d) When there is a vacancy in the Office of the Judge Advocate 
General, or during the absence or disability of the Judge Advocate 
General, the Deputy Judge Advocate General shall perform the duties of 
the Judge Advocate General until a successor is appointed or the absence 
or disability ceases.
    (e) When subsection (d) cannot be complied with because of the 
absence or disability of the Deputy Judge Advocate General, the 
Assistant Judge Advocates General, in the order directed by the 
Secretary of the Navy, shall perform the duties of the Judge Advocate 
General.

(Aug. 10, 1956, ch. 1041, 70A Stat. 290; Pub. L. 85-861, Sec. 33(a)(28), 
Sept. 2, 1958, 72 Stat. 1566; Pub. L. 87-649, Sec. 14c(21), Sept. 7, 
1962, 76 Stat. 501; Pub. L. 89-718, Sec. 36, Nov. 2, 1966, 80 Stat. 
1120; Pub. L. 90-179, Sec. 2(2), Dec. 8, 1967, 81 Stat. 546; Pub. L. 90-
623, Sec. 2(9), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96-513, title V, 
Sec. 503(13), Dec. 12, 1980, 94 Stat. 2912; Pub. L. 97-86, title IV, 
Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, 
Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-661, div. A, 
title V, Sec. 508(b), Nov. 14, 1986, 100 Stat. 3867; Pub. L. 103-337, 
div. A, title V, Sec. 504(b)(2), Oct. 5, 1994, 108 Stat. 2751.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5149(a)...............................  5 U.S.C. 444 (less last 19 words).   Au
g. 29, 1916, ch. 417 (3d par.,
                                                                              9
6th through 121st word), 39 Stat.
                                                                              5
58.
                                        5 U.S.C. 453 (as applicable to       Ma
r. 4, 1925, ch. 536, Sec.  15 (as
                                         Asst. JAG).                          a
pplicable to Asst. JAG), 43 Stat.
                                                                              1
275.
5149(b)...............................  5 U.S.C. 444 (last 19 words).        Au
g. 29, 1916, ch. 417 (3d par.,
                                                                              1
22d word to end of par.), 39
                                                                              S
tat. 558.
5149(c)...............................  5 U.S.C. 432a (as applicable to      Fe
b. 3, 1942, ch. 35, Sec.  1 (as
                                         JAG).                                a
pplicable to JAG), 56 Stat. 47.
-------------------------------------------------------------------------------
---------------------------------

    Changes in phraseology are made to conform to the language used in 
Sec. 5135 of this title.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337 designated existing provisions as 
par. (1), added second sentence, struck out former second and third 
sentences which read as follows: ``While so serving he is entitled to 
the grade of rear admiral or major general, as appropriate, unless 
entitled to a higher grade under another provision of law. The Deputy 
Judge Advocate General is entitled to the same privileges of retirement 
as provided for chiefs of bureaus in section 5133 of this title.'', and 
added par. (2).
    1986--Subsec. (a). Pub. L. 99-661, Sec. 508(b)(1), substituted 
``There is a Deputy Judge Advocate General of the Navy who is appointed 
by the President, by and with the advice and consent of the Senate, from 
among judge advocates of the Navy and Marine Corps who have the 
qualifications prescribed for the Judge Advocate General'' for ``A judge 
advocate of the Navy or Marine Corps who has the qualifications 
prescribed for the Judge Advocate General in section 5148(b) of this 
title shall be detailed as Deputy Judge Advocate General of the Navy'', 
and struck out ``rank and'' before ``grade of'' and struck out ``rank 
or'' before ``grade under'' in second sentence.
    Subsec. (b). Pub. L. 99-661, Sec. 508(b)(2), substituted ``While so 
serving, a judge advocate who holds a grade lower than rear admiral 
(lower half) shall hold the grade of rear admiral (lower half), if he is 
appointed to that grade by the President, by and with the advice and 
consent of the Senate'' for ``While so serving he is entitled to the 
rank and grade of rear admiral (lower half), unless entitled to a higher 
rank or grade under another provision of law''.
    Subsec. (c). Pub. L. 99-661, Sec. 508(b)(3), substituted ``While so 
serving, a judge advocate who holds a grade lower than brigadier general 
shall hold the grade of brigadier general, if he is appointed to that 
grade by the President, by and with the advice and consent of the 
Senate'' for ``While so serving he is entitled to the rank and grade of 
brigadier general, unless entitled to a higher rank or grade under 
another provision of law''.
    1985--Subsec. (b). Pub. L. 99-145 substituted ``rear admiral (lower 
half)'' for ``commodore'' in three places.
    1981--Subsec. (b). Pub. L. 97-86 substituted ``commodore'' for 
``commodore admiral'' in three places.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 503(13)(A), struck out 
``(upper half)'' after ``entitled to the rank and grade of rear 
admiral''.
    Subsec. (b). Pub. L. 96-513, Sec. 503(13)(B), (C), substituted 
``rank and grade of commodore admiral'' for ``rank and grade of rear 
admiral (lower half)'' in two places, ``retired as a commodore admiral'' 
for ``retired as a rear admiral'', and ``retired pay of that grade'' for 
``retired pay in the lower half of that grade''.
    1968--Subsec. (c). Pub. L. 90-623 substituted ``5148(b)'' for 
``4158(b)''.
    1967--Pub. L. 90-179 inserted reference to Deputy Judge Advocate 
General and substituted ``Advocates General'' for ``Advocate General; 
succession to duties'' after ``Assistant Judge'' in section catchline.
    Subsec. (a). Pub. L. 90-179 substituted provisions relating to the 
detailing of a judge advocate of the Navy or Marine Corps as Deputy 
Judge Advocate General of the Navy, his rank while so serving and 
retirement privileges for provisions relating to the detailing of an 
officer of the Navy or Marine Corps as Assistant Judge Advocate General.
    Subsecs. (b) to (d). Pub. L. 90-179 added subsecs. (b) and (c), 
redesignated former subsecs. (b) and (c) as (d) and (e), respectively, 
and in subsec. (d), as so redesignated, substituted ``Deputy Judge 
Advocate General'' for ``Assistant Judge Advocate General, unless 
otherwise directed by the President,''.
    Subsec. (e). Pub. L. 90-179 redesignated former subsec. (c) as (e) 
and in subsec. (e), as so redesignated, substituted provisions relating 
to the performance of the duties of the Judge Advocate General by the 
Assistant Judge Advocates General in the event of the absence or 
disability of the Deputy Judge Advocate General for provisions relating 
to the performance of such duties by the heads of the major divisions of 
the Office of the Judge Advocate General in the event of the absence or 
disability of the Assistant Judge Advocate General.
    1966--Pub. L. 89-718 struck out ``pay,'' before ``succession'' in 
section catchline.
    1962--Subsec. (a). Pub. L. 87-649 repealed last sentence which 
provided that a person detailed as Assistant Judge Advocate General is 
entitled to the highest pay of his rank. See section 202 of Title 37, 
Pay and Allowances of the Uniformed Services.
    1958--Subsec. (b). Pub. L. 85-861 substituted ``office'' for 
``Office''.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661 applicable with respect to appointments 
or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 
99-661, set out as an Effective Date note under section 12210 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 
405(f) of Pub. L. 97-86, set out as a note under section 101 of this 
title.


                    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 Amendment

    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 1958 Amendment

    Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 
33(g) of Pub. L. 85-861, set out as a note under section 101 of this 
title.

                         Delegation of Functions

    Functions of President under this section delegated to Secretary of 
Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 
841, set out as a note under section 301 of Title 3, The President.


 Officer Serving as Deputy and Assistant Judge Advocate of the Navy on 
                 Dec. 7, 1967; Rank; Retirement Benefits

    Section 9 of Pub. L. 90-179 provided that: ``Nothing in this Act 
[enacting sections 5578a and 5587a of this title, amending this section, 
sections 801, 806, 815, 827, 865, 936, 5148, 5404, 5508, 5581, 5587, 
5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and 6378 of this title, 
and section 202 of Title 37, and enacting provisions set out as notes 
under this section and section 5184 of this title] shall operate to 
terminate or reduce the term of an officer who was serving as Deputy and 
Assistant Judge Advocate General of the Navy on the day before the 
effective date of this Act [Dec. 8, 1967] or to deprive to him of the 
rank, pay, allowances, or retirement privileges to which he was then 
entitled. Notwithstanding any other provision of law, an officer who was 
so serving on the day before the effective date of this Act shall be 
deemed to be detailed as Deputy Judge Advocate General, pursuant to 
section 5149 of title 10, United States Code, as amended by this Act 
[this section], and in addition to rights and benefits then accrued, to 
be entitled to the rank and retirement benefits authorized by that 
section. For the purposes of determining his eligibility for the 
retirement benefits authorized by section 5149 of title 10, United 
States Code, as amended by this Act [this section], an officer who is 
serving as Deputy Judge Advocate General on the effective date of this 
Act shall be credited with all service performed under appointment or 
detail as Deputy and Assistant Judge Advocate General before the 
effective date of this Act.''
