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Title 10 — Armed Forces

Part II · Chapter 831 — Miscellaneous Rights and Benefits

§ 8261. Presentation of United States flag upon retirement

Statutory text

(a)

Presentation of Flag.—

Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member.

(b)

Multiple Presentations Not Authorized.—

A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

(c)

No Cost to Recipient.—

The presentation of a flag under this section shall be at no cost to the recipient.

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.

  1. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title VI § 644(b)(1) · 112 Stat. 1920

    Enacted · 10 U.S.C. § 8261

    Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141

    Source evidence

    Code source credit
    Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141

    Enacted provision · exact public law section
    (1) Chapter 561 of title 10, United States Code, is amended by inserting after the table of sections the following new section: “§ 6141. Presentation of United States flag upon retirement “(a) Presentation of Flag.— Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member. “(b) Multiple Presentations Not Authorized.— A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or section 3681 or 8681 of this title or section 516 of title 14. “(c) No Cost to Recipient.— The presentation of a flag under this section shall be at no cost to the recipient.”.

  2. Pub. L. 106–65 div. A title VI § 652(e) · 113 Stat. 512

    Substituted · 10 U.S.C. § 8261(b)

    Pub. L. 106–65 substituted “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.” for “under this section or section 3681 or 8681 of this title or section 516 of title 14.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–65 substituted “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.” for “under this section or section 3681 or 8681 of this title or section 516 of title 14.”

    Enacted provision · exact public law section
    (e) Conforming Amendments to Prior Law.— Sections 3681(b), 6141(b), and 8681(b) of title 10, United States Code, and section 516(b) of title 14, United States Code, are each amended by striking “under this section” and all that follows through the period and inserting “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.”.

  3. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 807(b)(10) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8261

    Pub. L. 115–232 renumbered section 6141 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 6141 of this title as this section.

    Enacted provision · exact public law section
    (10) Chapter 561.— The sections in chapter 561 are redesignated as follows: SectionRedesignated Section 61418261 61518262 61528263 61538264 61548265 61558266 61568267 61608270 61618271

    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.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 8261, acts Aug. 10, 1956, ch. 1041, 70A Stat. 505; , Pub. L. 87–378, § 4, 75 Stat. 808, related to enlistment in Air National Guard of United States, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1662(b)(3), , 108 Stat. 2990. See section 12107 of this title.

Amendments1999–2018 · 2 rounds

2018

Pub. L. 115–232 renumbered section 6141 of this title as this section.

1999

Subsec. (b). Pub. L. 106–65 substituted “under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.” for “under this section or section 3681 or 8681 of this title or section 516 of title 14.”

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

Section applicable with respect to releases from active duty described in this section, sections 7251 and 9251 of this title, and section 2748 of Title 14, Coast Guard, on or after , see section 644(e) of Pub. L. 105–261, set out as a note under section 7251 of this title.

Credits

1998–2018 · 3 acts
  1. 1998Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), , 112 Stat. 2048, § 6141
  2. 1999amended Pub. L. 106–65, div. A, title VI, § 652(e), , 113 Stat. 666
  3. 2018renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), , 132 Stat. 1835.
Show as published

(Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), , 112 Stat. 2048, § 6141; amended Pub. L. 106–65, div. A, title VI, § 652(e), , 113 Stat. 666; renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), , 132 Stat. 1835.)

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