§1521 — Title 10 Armed Forces | U.S. Code

Summary

The President can issue a commission in the name of a service member who died after September 8, 1939, if the person had been appointed to a commissioned rank, had finished officers’ training and was recommended for a commission, or had an official recommendation for appointment or promotion, but died before accepting. The commission is dated back to the appointment or recommendation date, and the person’s name is kept on the military or department records as if they had served in that rank and branch from that date until their death. If the commission is for a higher rank, the Secretary in charge must certify that the person was qualified for that rank when they died.

Title 10, §1521

Armed Forces — Source: USLM XML via OLRC

(a)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—

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

(2)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

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

(b)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.

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (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

Amendments

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 ActAct

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 section 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.

§1521 Posthumous commissions