
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: 10USC5501]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                 CHAPTER 535--GRADE AND RANK OF OFFICERS
 
Sec. 5501. Navy: grades above chief warrant officer, W-5

    The commissioned grades in the Navy above the grade of chief warrant 
officer, W-5, are the following:
        (1) Admiral.
        (2) Vice admiral.
        (3) Rear admiral.
        (4) Rear admiral (lower half).
        (5) Captain.
        (6) Commander.
        (7) Lieutenant commander.
        (8) Lieutenant.
        (9) Lieutenant (junior grade).
        (10) Ensign.

(Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. 96-513, title III, 
Sec. 301, Dec. 12, 1980, 94 Stat. 2887; Pub. L. 97-86, title IV, 
Sec. 405(a), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, 
Sec. 514(a)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102-190, div. A, 
title XI, Sec. 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5501(a)...............................  34 U.S.C. 1.                         R.
S. 1362; Mar. 3, 1883, ch. 97,
                                                                              S
ec.  1 (2d par. on p. 472, as
                                                                              a
pplicable to masters and junior
                                                                              g
rade lieutenants), 22 Stat. 472;
                                                                              M
ar. 3, 1899, ch. 413, Sec.  7
                                                                              (
1st sentence, less proviso), 30
                                                                              S
tat. 1005.
                                        34 U.S.C. 211d(a) (as applicable to  Au
g. 7, 1947, ch. 512, Sec.  413(a)
                                         grades of admiral and vice           (
as applicable to grades of
                                         admiral).                            a
dmiral and vice admiral), 61
                                                                              S
tat. 875.
                                        34 U.S.C. 10a (1st sentence).        Au
g. 7, 1947, ch. 512, Sec.  405
                                                                              (
1st sentence), 61 Stat. 872.
5501(b)...............................  34 U.S.C. 350e (1st sentence).       Ju
ly 24, 1941, ch. 320, Sec.  6
                                                                              (
1st sentence), 55 Stat. 604; Apr.
                                                                              9
, 1943, ch. 38, Sec.  1, 57 Stat.
                                                                              5
9; Oct. 12, 1949, ch. 681, Sec.
                                                                              5
31(b)(28), 63 Stat. 839.
-------------------------------------------------------------------------------
---------------------------------

    The Act of July 24, 1941, ch. 320, as amended (34 U.S.C. 350 et 
seq.), and Sec. 413 of the Officer Personnel Act of 1947 (34 U.S.C. 
211d) provide for the temporary appointment of officers to grades up to 
and including admiral. Staff corps officers, women officers, and reserve 
officers are not excluded from the operation of the provisions of the 
1941 Act. Since authority exists for the appointment of officers of any 
category in any grade in the Navy, the existence of every grade in the 
several staff corps and in the Naval Reserve is recognized, and the 
restriction of these grades to the active list of the line is removed.
    The grade of Fleet Admiral is omitted inasmuch as the law 
authorizing appointments in this grade was limited.
    In subsection (a) the words ``above the grade of chief warrant 
officer, W-4'' are inserted for clarity.
    Subsection (c) is added to make clear the fact that an officer 
serving in a position, such as chief of bureau, which entitles him to 
the rank, pay, and allowances of a rear admiral of the upper half ranks 
rear admirals receiving the pay and allowances of the lower half even 
though he has not been appointed to the grade of rear admiral or, if so 
appointed, is in the lower half. A statement of this fact is necessary 
to give full effect to 5 U.S.C. 441 which provides that chiefs of 
bureaus of the Navy Department and the Judge Advocate General of the 
Navy, while so serving, shall have ``corresponding rank and shall 
receive the same pay and allowances * * * as * * * chiefs of bureaus of 
the War Department and the Judge Advocate General of the Army''. The 
rank so conferred, corresponding to the Army rank of major general, is 
rear admiral of the upper half. In Secs. 5133 and 5148 of this title, 
based on 5 U.S.C. 441, the reference to the Army rank is eliminated and 
the corresponding Navy rank is substituted. The substitution is made 
because, as stated in the revision notes on those sections, the creation 
of the Department of the Air Force and the reorganization of the 
Department of the Army make it impracticable to continue to relate Navy 
Department positions to former War Department positions. This treatment 
of 5 U.S.C. 441 does not, however, completely cover the question of the 
rank, in relation to other officers in the Navy and other services, of a 
captain or rear admiral of the lower half who by virtue of his position 
becomes entitled to the rank, pay, and allowances of a rear admiral of 
the upper half. Under 34 U.S.C. 241a officers holding commissions in the 
grade of rear admiral rank with major generals if entitled to the pay of 
the upper half and with brigadier generals if entitled to the pay of the 
lower half. Under 5 U.S.C. 441 bureau chiefs and the Judge Advocate 
General rank with major generals regardless of the grade in which they 
hold commissions and, therefore, also rank all officers of the Navy who 
are ranked by major generals. This fact, obscured by the substitution of 
Navy rank in the codification of 5 U.S.C. 441, is set out in subsection 
(c).


                               Amendments

    1991--Pub. L. 102-190 substituted ``W-5'' for ``W-4'' in section 
catchline and text.
    1985--Par. (4). Pub. L. 99-145 substituted ``Rear admiral (lower 
half)'' for ``Commodore''.
    1981--Par. (4). Pub. L. 97-86 substituted ``Commodore'' for 
``Commodore admiral''.
    1980--Pub. L. 96-513 struck out subsec. (a) designation from 
provisions formerly classified as such and, as so redesignated, inserted 
commodore admiral in the listing of commissioned grades above the grade 
of chief warrant officer, W-4 and struck out former subsecs. (b) and (c) 
which related to the grades of commodore and rear admiral, respectively.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 
1132 of Pub. L. 102-190, set out as a note under section 521 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, but the 
authority to prescribe regulations under the amendment by Pub. L. 96-513 
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out 
as a note under section 101 of this title.


    Transition Provisions of Defense Officer Personnel Management Act

    For transition provisions relating to the new commodore admiral 
grade established in the Navy, see section 614 of Pub. L. 96-513, set 
out as a note under section 611 of this title.
