§ 1521. Posthumous commissions

Statutory text

The President may issue, or have issued, an appropriate commission in the name of a member of the armed forces who, after September 8, 1939—

was appointed to a commissioned grade but was unable to accept the appointment because of death;

successfully completed the course at an officers’ training school and was recommended for appointment to a commissioned grade by the commanding officer or officer in charge of the school but was unable to accept the appointment because of death; or

was officially recommended for appointment or promotion to a commissioned grade but was unable to accept the promotion or appointment because of death.

A commission issued under subsection (a) shall issue as of the date of the appointment, recommendation, or official recommendation, as the case may be, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade, and branch if any, in which posthumously commissioned, from the date of the appointment, recommendation, or official recommendation to the date of his death.

A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 115 · 70A Stat. 115
Enacted · 10 U.S.C. § 1521
Aug. 10, 1956, ch. 1041, 70A Stat. 115
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 115
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Struck · 10 U.S.C. § 1521(a)(3)
Pub. L. 106–398, § 1 [[div. A], title V, § 505(a)], struck out “and the recommendation for whose appointment or promotion was approved by the Secretary concerned” after “commissioned grade”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 505(a)], struck out “and the recommendation for whose appointment or promotion was approved by the Secretary concerned” after “commissioned grade”.
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 10 U.S.C. § 1521(b)
Pub. L. 106–398, § 1 [[div. A], title V, § 505(b)], substituted “official recommendation” for “approval” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 505(b)], substituted “official recommendation” for “approval” in two places.
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2008
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 502(a)(1) · 122 Stat. 4356
Struck · 10 U.S.C. § 1521(a)
Pub. L. 110–417, § 502(a)(1), struck out “in line of duty” after “death” in pars. (1) to (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–417, § 502(a)(1), struck out “in line of duty” after “death” in pars. (1) to (3).
Enacted provision · exact public law section
(1) in subsection (a), by striking “in line of duty” each place it appears; and
2008
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 § 502(a)(2) · 122 Stat. 4356
Added · 10 U.S.C. § 1521(c)
Pub. L. 110–417, § 502(a)(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–417, § 502(a)(2), added subsec. (c).
Enacted provision · exact public law section
(2) by adding at the end the following new subsection: “(c) A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.” .

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1521(a)	10:491a (words before semicolon).10:491b (words before semicolon).10:491c (words before semicolon).	July 28, 1942, ch. 528, §§ 1–3, 56 Stat. 722, 723; July 17, 1953, ch. 220, § 1(a)–(c), 67 Stat. 176.
	34:285b (words before semicolon).
	34:285c (words before semicolon).
	34:285d (words before semicolon).
1521(b)	10:491a (words after semicolon).
	10:491b (words after semicolon).
	10:491c (words after semicolon).
	34:285b (words after semicolon).
	34:285c (words after semicolon).
	34:285d (words after semicolon).

In subsection (a), the words “a member of” are substituted for the words “any person who, while in”, in 10:491a, 491b, 491c, and 34:285b, 285c, and 285d. The words “armed forces” are substituted for the words “military service of the United States”, in 10:491a, 491b, and 491c; and the words “naval service of the United States”, in 34:285b, 285c, and 285d (which did not appear in the source statute for the revised section, as amended by the Act of July 17, 1953, ch. 220, § 1(b), 67 Stat. 177). The words “to such grade”, in 10:491a and 34:285b, “receive or”, in 10:491c and 34:285d, are omitted as surplusage.

In subsection (b), the words “if any” are substituted for words “of the service”. The words “appointment and”, in 10:491b and 34:285c, and “appointment or promotion and”, in 10:491c and 34:285d, are omitted as surplusage.

Editorial Notes

Amendments2000–2008 · 2 rounds

2008

Subsec. (a). Pub. L. 110–417, § 502(a)(1), struck out “in line of duty” after “death” in pars. (1) to (3).

Subsec. (c). Pub. L. 110–417, § 502(a)(2), added subsec. (c).

2000

Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title V, § 505(a)], struck out “and the recommendation for whose appointment or promotion was approved by the Secretary concerned” after “commissioned grade”.

Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 505(b)], substituted “official recommendation” for “approval” in two places.

Statutory Notes and Related Subsidiaries

Determination of Date of Death Under Missing Persons Act

Act July 28, 1942, ch. 528, § 5, as added July 17, 1953, ch. 220, § 1(e), 67 Stat. 177, provided that for purposes of this chapter, in any case where the date of death is established under the Missing Persons Act, as amended, the date of death is the date of receipt by the head of the department concerned of evidence that the person is dead, or the date the finding of death is made under section 5 of that Act, prior to repeal by Pub. L. 89–718, § 12(b), Nov. 2, 1966, 80 Stat. 1117. See section 1524 of this title.

Executive Documents

Delegation of Functions

For assignment of functions of President under subsec. (a) of this section, see sections 1(a) and 2(a) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President.

Credits

1956–2008 · 3 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 115
2000Pub. L. 106–398, § 1 [[div. A], title V, § 505], Oct. 30, 2000, 114 Stat. 1654, 1654A–102
2008Pub. L. 110–417, [div. A], title V, § 502(a), Oct. 14, 2008, 122 Stat. 4433.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 106–398, § 1 [[div. A], title V, § 505], Oct. 30, 2000, 114 Stat. 1654, 1654A–102; Pub. L. 110–417, [div. A], title V, § 502(a), Oct. 14, 2008, 122 Stat. 4433.)