§8089 Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General

Revised sectionSource (U.S. Code)Source (Statutes at Large) 5149(a)5 U.S.C. 444 (less last 19 words).Aug. 29, 1916, ch. 417 (3d par., 96th through 121st word), 39 Stat. 558. 5 U.S.C. 453 (as applicable to Asst. JAG).Mar. 4, 1925, ch. 536, § 15 (as applicable to Asst. JAG), 43 Stat. 1275. 5149(b)5 U.S.C. 444 (last 19 words).Aug. 29, 1916, ch. 417 (3d par., 122d word to end of par.), 39 Stat. 558. 5149(c)5 U.S.C. 432a (as applicable to JAG).Feb. 3, 1942, ch. 35, § 1 (as applicable to JAG), 56 Stat. 47. Changes in phraseology are made to conform to the language used in § 5135 of this title.

2018—Pub. L. 115–232, § 807(a)(2), renumbered section 5149 of this title as this section. Subsecs. (b), (c). Pub. L. 115–232, § 809(a), substituted “section 8088(b)” for “section 5148(b)”. 2017—Subsec. (a)(3). Pub. L. 115–91 added par. (3). 2016—Subsec. (a)(1). Pub. L. 114–328, § 502(gg)(1), struck out “, by and with the advice and consent of the Senate,” after “appointed by the President” and struck out second sentence which read as follows: “If an officer appointed as the Deputy Judge Advocate General holds a lower regular grade, the officer shall be appointed in the regular grade of rear admiral or major general, as appropriate.” Subsec. (b). Pub. L. 114–328, § 502(gg)(2), struck out second and last sentences which read “While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate.” and “If he is retired as a rear admiral (lower half), he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.”, respectively. Subsec. (c). Pub. L. 114–328, § 502(gg)(2), struck out second and last sentences which read “While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate.” and “If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law.”, respectively. 1994—Subsec. (a). Pub. L. 103–337 designated existing provisions as par. (1), added second sentence, struck out former second and third sentences which read as follows: “While so serving he is entitled to the grade of rear admiral or major general, as appropriate, unless entitled to a higher grade under another provision of law. The Deputy Judge Advocate General is entitled to the same privileges of retirement as provided for chiefs of bureaus in section 5133 of this title.”, and added par. (2). 1986—Subsec. (a). Pub. L. 99–661, § 508(b)(1), substituted “There is a Deputy Judge Advocate General of the Navy who is appointed by the President, by and with the advice and consent of the Senate, from among judge advocates of the Navy and Marine Corps who have the qualifications prescribed for the Judge Advocate General” for “A judge advocate of the Navy or Marine Corps who has the qualifications prescribed for the Judge Advocate General in section 5148(b) of this title shall be detailed as Deputy Judge Advocate General of the Navy”, and struck out “rank and” before “grade of” and struck out “rank or” before “grade under” in second sentence. Subsec. (b). Pub. L. 99–661, § 508(b)(2), substituted “While so serving, a judge advocate who holds a grade lower than rear admiral (lower half) shall hold the grade of rear admiral (lower half), if he is appointed to that grade by the President, by and with the advice and consent of the Senate” for “While so serving he is entitled to the rank and grade of rear admiral (lower half), unless entitled to a higher rank or grade under another provision of law”. Subsec. (c). Pub. L. 99–661, § 508(b)(3), substituted “While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general, if he is appointed to that grade by the President, by and with the advice and consent of the Senate” for “While so serving he is entitled to the rank and grade of brigadier general, unless entitled to a higher rank or grade under another provision of law”. 1985—Subsec. (b). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore” in three places. 1981—Subsec. (b). Pub. L. 97–86 substituted “commodore” for “commodore admiral” in three places. 1980—Subsec. (a). Pub. L. 96–513, § 503(13)(A), struck out “(upper half)” after “entitled to the rank and grade of rear admiral”. Subsec. (b). Pub. L. 96–513, § 503(13)(B), (C), substituted “rank and grade of commodore admiral” for “rank and grade of rear admiral (lower half)” in two places, “retired as a commodore admiral” for “retired as a rear admiral”, and “retired pay of that grade” for “retired pay in the lower half of that grade”. 1968—Subsec. (c). Pub. L. 90–623 substituted “5148(b)” for “4158(b)”. 1967—Pub. L. 90–179 inserted reference to Deputy Judge Advocate General and substituted “Advocates General” for “Advocate General; succession to duties” after “Assistant Judge” in section catchline. Subsec. (a). Pub. L. 90–179 substituted provisions relating to the detailing of a judge advocate of the Navy or Marine Corps as Deputy Judge Advocate General of the Navy, his rank while so serving and retirement privileges for provisions relating to the detailing of an officer of the Navy or Marine Corps as Assistant Judge Advocate General. Subsecs. (b) to (d). Pub. L. 90–179 added subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as (d) and (e), respectively, and in subsec. (d), as so redesignated, substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General, unless otherwise directed by the President,”. Subsec. (e). Pub. L. 90–179 redesignated former subsec. (c) as (e) and in subsec. (e), as so redesignated, substituted provisions relating to the performance of the duties of the Judge Advocate General by the Assistant Judge Advocates General in the event of the absence or disability of the Deputy Judge Advocate General for provisions relating to the performance of such duties by the heads of the major divisions of the Office of the Judge Advocate General in the event of the absence or disability of the Assistant Judge Advocate General. 1966—Pub. L. 89–718 struck out “pay,” before “succession” in section catchline. 1962—Subsec. (a). Pub. L. 87–649 repealed last sentence which provided that a person detailed as Assistant Judge Advocate General is entitled to the highest pay of his rank. See section 202 of Title 37, Pay and Allowances of the Uniformed Services. 1958—Subsec. (b). Pub. L. 85–861 substituted “office” for “Office”.

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

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.

of 1986 AmendmentAmendment by Pub. L. 99–661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99–661, set out as an

note under section 12210 of this title.

of 1981 AmendmentAmendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

of 1962 AmendmentAmendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an

note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

of 1958 AmendmentAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title. Grandfathering of Retired Grade of Assistant Judge Advocates General of the Navy as of Repeal of Statutory Specification of General and Flag Officers Grades in the Armed Forces Pub. L. 115–91, div. A, title V, § 509, Dec. 12, 2017, 131 Stat. 1375, provided that: “(a) In General.—Notwithstanding the

made by section 502(gg)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2105) [amending this section], an officer selected to hold a position specified in subsection (b) as of December 23, 2016, may be retired after that date in the grade of rear admiral (lower half) or brigadier general, as applicable, with the retired pay of such grade (unless entitled to higher pay under another provision of law). “(b) Specified Positions.—Subsection (a) applies with respect to the Assistant Judge Advocates General of the Navy provided for by subsections (b) and (c) of section 5149 [now 8089] of title 10, United States Code.” Officer Serving as Deputy and Assistant Judge Advocate of the Navy on Dec. 7, 1967; Rank; Retirement Benefits Pub. L. 90–179, § 9, Dec. 8, 1967, 81 Stat. 549, provided that: “Nothing in this Act [enacting section 5578a and 5587a of this title, amending this section, section 801, 806, 815, 827, 865, 936, 5148, 5404, 5508, 5581, 5587, 5600, 5652a, 5702, 5708, 5753, 5762, 5896, 5897, and 6378 of this title, and section 202 of Title 37, and enacting provisions set out as notes under this section and section 5184 of this title] shall operate to terminate or reduce the term of an officer who was serving as Deputy and Assistant Judge Advocate General of the Navy on the day before the

of this Act [Dec. 8, 1967] or to deprive to him of the rank, pay, allowances, or retirement privileges to which he was then entitled. Notwithstanding any other provision of law, an officer who was so serving on the day before the

of this Act shall be deemed to be detailed as Deputy Judge Advocate General, pursuant to section 5149 [now 8089] of title 10, United States Code, as amended by this Act [this section], and in addition to rights and benefits then accrued, to be entitled to the rank and retirement benefits authorized by that section. For the purposes of determining his eligibility for the retirement benefits authorized by section 5149 [now 8089] of title 10, United States Code, as amended by this Act [this section], an officer who is serving as Deputy Judge Advocate General on the

of this Act shall be credited with all service performed under appointment or detail as Deputy and Assistant Judge Advocate General before the

of this Act.”

Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 1(8) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.