Title 10 — Armed Forces
Part II · Chapter 812 — Grade and Rank of Officers
§ 8111. Navy: grades above chief warrant officer, W–5
Statutory text
The commissioned grades in the Navy above the grade of chief warrant officer, W–5, are the following:
Admiral.
Vice admiral.
Rear admiral.
Rear admiral (lower half).
Captain.
Commander.
Lieutenant commander.
Lieutenant.
Lieutenant (junior grade).
Ensign.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5501 · 70A Stat. 314
Enacted · 10 U.S.C. § 8111
Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5501
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5501Defense Officer Personnel Management Act
Pub. L. 96–513 title III § 301 · 94 Stat. 2835
Redesignated · 10 U.S.C. § 8111
Pub. L. 96–513 struck out subsec. (a) designation from provisions formerly classified as such and, as so redesignated
Inserted · 10 U.S.C. § 8111
Pub. L. 96–513 inserted commodore admiral in the listing of commissioned grades above the grade of chief warrant officer, W–4
Struck · 10 U.S.C. § 8111
Pub. L. 96–513 struck out former subsecs. (b) and (c) which related to the grades of commodore and rear admiral, respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 301. establishment of permanent commodore admiral grade Section 5501 is amended to read as follows: “§ 5501. Navy: grades above chief warrant officer, W–4 “The commissioned grades in the Navy above the grade of chief warrant officer, W–4, are the following: “(1) Admiral. “(2) Vice admiral. “(3) Rear admiral. “(4) Commodore admiral. “(5) Captain. “(6) Commander. “(7) Lieutenant commander. “(8) Lieutenant. “(9) Lieutenant (junior grade). “(10) Ensign.”.Department of Defense Authorization Act, 1982
Pub. L. 97–86 title IV § 405(a) · 95 Stat. 1099
Substituted · 10 U.S.C. § 8111(4)
Pub. L. 97–86 substituted “Commodore” for “Commodore admiral”
Source evidence
Code amendment note
Par. (4). Pub. L. 97–86 substituted “Commodore” for “Commodore admiral”.Enacted provision · exact public law section
(a) Section 5501 of title 10, United States Code, is amended by striking out “admiral” in clause (4) after “Commodore”.Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 514(a)(1) · 99 Stat. 583
Substituted · 10 U.S.C. § 8111(4)
Pub. L. 99–145 substituted “Rear admiral (lower half)” for “Commodore”
Source evidence
Code amendment note
Par. (4). Pub. L. 99–145 substituted “Rear admiral (lower half)” for “Commodore”.Enacted provision · exact public law section
(1) Section 5501 of title 10, United States Code, is amended by striking out “Commodore” in clause (4) and inserting in lieu thereof “Rear admiral (lower half)”.Warrant Officer Management Act
Pub. L. 102–190 div. A title XI § 1131(8)(A) · 105 Stat. 1290
Substituted · 10 U.S.C. § 8111
Pub. L. 102–190 substituted “W–5” for “W–4” in section catchline and text
Source evidence
Code amendment note
Pub. L. 102–190 substituted “W–5” for “W–4” in section catchline and text.Enacted provision · exact public law section
(A) Sections 5414, 5457, 5458, 5501, 5502, 5600(a)(1), 5665, 6389(d), and 6391(a) are amended by striking out “W–4” each place it appears (including in section headings) and inserting in lieu thereof “W–5”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(b)(2) · 132 Stat. 1636
Changed · 10 U.S.C. § 8111
Pub. L. 115–232 renumbered section 5501 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 5501 of this title as this section.Enacted provision · exact public law section
(2) Chapter 535.— Sections 5501, 5502, 5503, and 5508 are redesignated as sections 8111, 8112, 8113, and 8118, respectively.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
7 of 8 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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, § 1 (2d par. on p. 472, as applicable to masters and junior grade lieutenants), 22 Stat. 472; Mar. 3, 1899, ch. 413, § 7 (1st sentence, less proviso), 30 Stat. 1005. |
| 34 U.S.C. 211d(a) (as applicable to grades of admiral and vice admiral). | Aug. 7, 1947, ch. 512, § 413(a) (as applicable to grades of admiral and vice admiral), 61 Stat. 875. | |
| 34 U.S.C. 10a (1st sentence). | Aug. 7, 1947, ch. 512, § 405 (1st sentence), 61 Stat. 872. | |
| 5501(b) | 34 U.S.C. 350e (1st sentence). | July 24, 1941, ch. 320, § 6 (1st sentence), 55 Stat. 604; Apr. 9, 1943, ch. 38, § 1, 57 Stat. 59; Oct. 12, 1949, ch. 681, § 531(b)(28), 63 Stat. 839. |
The Act of July 24, 1941, ch. 320, as amended (34 U.S.C. 350 et seq.), and § 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 §§ 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).
Editorial Notes
Amendments1980–2018 · 5 rounds
2018
Pub. L. 115–232 renumbered section 5501 of this title as this section.
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–190 effective , 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 , 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 , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , 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.
Credits
1956–2018 · 6 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5501
- 1980Pub. L. 96–513, title III, § 301, , 94 Stat. 2887
- 1981Pub. L. 97–86, title IV, § 405(a), , 95 Stat. 1105
- 1985Pub. L. 99–145, title V, § 514(a)(1), , 99 Stat. 628
- 1991Pub. L. 102–190, div. A, title XI, § 1131(8)(A), , 105 Stat. 1506
- 2018renumbered § 8111, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), , 132 Stat. 1834.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5501; Pub. L. 96–513, title III, § 301, , 94 Stat. 2887; Pub. L. 97–86, title IV, § 405(a), , 95 Stat. 1105; Pub. L. 99–145, title V, § 514(a)(1), , 99 Stat. 628; Pub. L. 102–190, div. A, title XI, § 1131(8)(A), , 105 Stat. 1506; renumbered § 8111, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), , 132 Stat. 1834.)