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Title 10 — Armed ForcesRelease 119-73

§8162 Aviation commands: eligibility

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 821— - OFFICERS IN COMMAND › § 8162

Last updated Apr 6, 2026|Official source

Summary

Only Navy line officers who are naval aviators or naval flight officers, and who meet any other required qualifications, may command an aircraft carrier or an aircraft tender. That rule does not apply to a nuclear-powered carrier already taken out of service for permanent decommissioning and disposal. Navy aviation schools, naval air stations, and flight tactical aviation units must be commanded by Navy line officers who are naval aviators or naval flight officers. Marine Corps aviation schools, air stations, and tactical aviation units must be commanded by Marine Corps officers who are naval aviators or naval flight officers.

Full Legal Text

Title 10, §8162

Armed Forces — Source: USLM XML via OLRC

(a)(1)To be eligible to command an aircraft carrier or an aircraft tender, an officer must be an officer in the line of the Navy who is designated as a naval aviator or naval flight officer and who is otherwise qualified.
(2)Paragraph (1) does not apply to command of a nuclear-powered aircraft carrier that has been inactivated for the purpose of permanent decommissioning and disposal.
(b)To be eligible to command a naval aviation school, a naval air station, or a naval aviation unit organized for flight tactical purposes, an officer must be an officer in the line of the Navy designated as a naval aviator or naval flight officer.
(c)To be eligible to command a Marine Corps aviation school, a Marine Corps air station, or a Marine Corps aviation unit organized for flight tactical purposes, an officer must be an officer of the Marine Corps designated as a naval aviator or naval flight officer.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 5942(a)34 U.S.C. 735 (5th par.).
June 24, 1926, ch. 668, § 3 (5th par.), 44 Stat. 767. 5942(b)34 U.S.C. 735 (4th par.).
June 24, 1926, ch. 668, § 3 (4th par.), 44 Stat. 767. 5942(c)34 U.S.C. 735 (7th par.).
June 24, 1926, ch. 668, § 3 (7th par.), 44 Stat. 767. The last proviso of § 8 of the Act of
July 12, 1921, ch. 44 (34 U.S.C. 734), was superseded by paragraphs 4, 5, and 7 of § 3 of the Act of
June 24, 1926, ch. 668 (34 U.S.C. 735), insofar as ships and activities mentioned in those paragraphs are concerned. The requirements of this section are stated as conditions of eligibility for clarity.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 5942 of this title as this section. 2014—Subsec. (a). Pub. L. 113–291 designated existing provisions as par. (1) and added par. (2). 1970—Subsec. (a). Pub. L. 91–198 substituted “naval flight officer” for “naval aviation observer”. Subsecs. (b), (c). Pub. L. 91–198 inserted “or naval flight officer” after “naval aviator”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8162

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73