
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: 10USC6969]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 603--UNITED STATES NAVAL ACADEMY
 
Sec. 6969. Band: composition

    (a) The Naval Academy Band shall be composed of one leader, one 
second leader, and such enlisted members of the Navy as may be assigned.
    (b) In determining years of service for the purpose of retirement, 
and in determining eligibility for reenlistment bonus, the members who 
are assigned as leader and second leader shall be treated as if they had 
not been so assigned.
    (c) The enlisted members assigned to the Naval Academy Band shall be 
distributed in grade substantially the same as in the United States Navy 
Band.

(Aug. 10, 1956, ch. 1041, 70A Stat. 435; Pub. L. 87-649, Sec. 14c(52), 
Sept. 7, 1962, 76 Stat. 501.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
6969..................................  34 U.S.C. 1091a.                     Fe
b. 14, 1931, ch. 184, 46 Stat.
                                                                              1
111; July 17, 1953, ch. 226, Sec.
                                                                               
2, 67 Stat. 181.
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---------------------------------

    In subsection (a) the words ``of the Navy'' are supplied since the 
requirement that the distribution in ratings be similar to that in the 
United States Navy Band indicates that the Naval Academy Band should not 
include members of the Marine Corps, and it is so interpreted.
    In subsection (b) the words ``an officer in the grade of warrant 
officer, W-1,'' are substituted for the words ``a warrant officer'' 
because the Warrant Officer Act of 1954 established the grade of warrant 
officer, W-1, in lieu of all the former warrant officer (as 
distinguished from commissioned warrant officer) grades. The second 
sentence covers that part of the second proviso which relates to pay and 
makes reference to the Career Compensation Act of 1949, since it is that 
Act which governs entitlement to basic pay and the computation of 
cumulative years of creditable service. Retirement rights and 
reenlistment bonuses referred to in the second proviso are covered in 
the third sentence of this subsection, giving recognition to the fact 
that the status of the members who are assigned as leader and second 
leader of the band remains unchanged in these respects.


                               Amendments

    1962--Subsec. (b). Pub. L. 87-649 repealed first and second 
sentences which related to pay and allowances for the leader and second 
leader of the Naval Academy Band, and to crediting of service for pay 
purposes. See sections 207 and 424 of Title 37, Pay and Allowances of 
the Uniformed Services.


                    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.


                Permanent Grade of Present Leader of Band

    Section 3 of act July 17, 1953, ch. 226, 67 Stat. 180, authorized 
President to appoint present leader of United States Navy Band to 
permanent commissioned grade of commander in the Navy, and that such 
appointment shall be deemed to be not in the line of the Navy or in any 
staff corps of the Navy.
