
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: 10USC6408]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
      CHAPTER 573--INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
 
Sec. 6408. Navy and Marine Corps; warrant officers, W-1: 
        limitation on dismissal
        
    (a) No officer who holds the grade of warrant officer, W-1, may be 
dismissed from the Navy or the Marine Corps except in time of war, by 
order of the President.
    (b) The President may drop from the rolls of the Navy or the Marine 
Corps any officer who holds the grade of warrant officer, W-1, who--
        (1) has been absent without authority for at least three months; 
    or
        (2) is sentenced to confinement in a Federal or State 
    penitentiary or correctional institution after having been found 
    guilty of an offense by a court other than a court-martial or other 
    military court, and whose sentence has become final.

(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
6408..................................  50 U.S.C. 739 (as applicable to      Ma
y 5, 1950, ch. 169, Sec.  10 (as
                                         warrant officers, W-1, of the Navy   a
pplicable to warrant officers, W-
                                         and the Marine Corps).               1
, of the Navy and the Marine
                                                                              C
orps), 64 Stat. 146.
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---------------------------------

    This section reflects the opinion of the Judge Advocate General of 
the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739 
applies to warrant officers (now warrant officers, W-1), of the Navy and 
the Marine Corps. The Warrant Officer Act of 1954 established the grade 
of warrant officer, W-1, in lieu of the former warrant officer (as 
distinguished from commissioned warrant officer) grades. 50 U.S.C. 739, 
as applicable to officers above the grade of warrant officer, W-1, is 
codified in Sec. 1161 of this title.
    In subsection (a) the words ``by sentence of a general court-
martial, or in commutation thereof'' are omitted since the separation 
from the service of a warrant officer, W-1, by sentence of court-martial 
is effected by dishonorable discharge.
    In subsection (b) the words ``from his place of duty'' are omitted 
as surplusage. The words ``at least'' are substituted for the words ``or 
more''. The words ``by a court other than a court-martial or other 
military court'' are substituted for the words ``by the civil 
authorities''.
