
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: 10USC5540]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                        CHAPTER 537--ENLISTMENTS
 
Sec. 5540. Expiration: rights of member

    (a) The senior officer present afloat in foreign waters shall send 
to the United States by Government or other transportation as soon as 
possible each enlisted member of the naval service who is serving on a 
naval vessel, whose term of enlistment has expired, and who desires to 
return to the United States. However, when the senior officer present 
afloat considers it essential to the public interest, he may retain such 
a member on active duty until the vessel returns to the United States.
    (b) Each member retained under this section--
        (1) shall be discharged not later than 30 days after his arrival 
    in the United States; and
        (2) except in time of war is entitled to an increase in basic 
    pay of 25 percent.

    (c) The substance of this section shall be included in the 
enlistment contract of each person enlisting in the naval service.

(Aug. 10, 1956, ch. 1041, 70A Stat. 320.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
5540..................................  34 U.S.C. 201.                       R.
S. 1422; Mar. 3, 1875, ch. 155,
                                                                              1
8 Stat. 484.
                                        34 U.S.C. 201a.                      Au
g. 18, 1941, ch. 364, Sec.  4, 55
                                                                              S
tat. 630.
                                        34 U.S.C. 201b.                      De
c. 13, 1941, ch. 570, Sec.  2, 55
                                                                              S
tat. 799.
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---------------------------------

    In subsection (a) the words ``the senior officer present afloat'' 
are substituted for the words ``the commanding officer of any fleet, 
squadron, or vessel acting singly'' to modernize the terminology. At the 
time of the enactment of the Revised Statutes the word ``squadron'' 
meant an organization of any number of vessels more than one, so that 
all cases were covered by R.S. 1422. The concept of ``senior officer 
present afloat'', today, covers as nearly as possible the current 
equivalent of the concept in the original section. The words ``in 
foreign waters'' are inserted to conform to the interpretation of the 
Supreme Court in Wilkes v. Dinsman, 7 How. 89 (1849). The words ``on 
service'' are omitted, as they have no current ascertainable meaning. 
The words ``by Government or other transportation'' are substituted for 
the words ``in some public or other vessel'', since this provision is 
interpreted as directing transportation by either ship or aircraft. The 
words ``to the United States'' are substituted for the words ``to an 
Atlantic or to a Pacific port of the United States, as their enlistment 
may have occurred on either the Atlantic or Pacific coast, of the United 
States'' because aircraft now land at inland airports as well as coastal 
airports and the duty to return an enlisted member to the United States 
under this provision is considered complete upon the member's arrival in 
the United States. The extensive transportation system in the United 
States presently obviates the necessity of returning a member to a 
particular area. Furthermore, under 37 U.S.C. 253, the Government bears 
the cost of transporting the discharged member to his home or to the 
place from which he was called to active duty. The words ``enlisted 
member of the naval service'' are substituted for the words ``all petty 
officers and persons of inferior ratings'' in accordance with present 
terminology. Members of the Marine Corps are included because of 
interpretations of the Comptroller General, in construing the language 
of the statute. (14 Comp. Gen. 807, 808, May 1, 1935.) The reference to 
persons enlisted without the limits of the United States is omitted as 
unnecessary, since return to the United States is optional with the 
member and the basic rule applies irrespective of place of enlistment. 
The language requiring that persons who are detained or sent home be 
subject to the laws and regulations for the Government of the Navy is 
omitted as unnecessary in view of the Uniform Code of Military Justice. 
The provision referring to reentry to serve until the vessel returns to 
the United States is omitted because no law authorizes entry or reentry 
into the service for this restricted purpose.
    In subsection (b) the words ``an increase in basic pay of 25 
percent'' are substituted for the words ``an addition of one-fourth of 
their former pay'' in conformity with the Career Compensation Act of 
1949. 34 U.S.C. 201b permanently suspended the detention pay increase in 
time of war and this effect is expressed in subsection (b)(2) by the 
words ``except in time of war''. 34 U.S.C. 201a, declaring that the pay 
addition authorized by this section does not apply to enlistments 
extended under other provisions of law, is omitted as unnecessary, since 
the increased pay provision is specifically limited to detentions under 
this section.
    In subsection (c) the term ``enlistment contract'' is substituted 
for the term ``shipping-articles'' to conform to present terminology.
