10 U.S.C. § 1563: Consideration of proposals…

Summary

A Member of Congress can ask the military to review a request to give an honorary promotion to a former or retired service member. The secretary of the military branch must review the request and decide if the promotion has merit. The secretary must send a detailed written explanation of that decision to the Senate and House Armed Services Committees and to the Member who asked. If the decision approves the promotion, the Secretary of Defense may, under rules he sets, grant an honorary rank up to major general or rear admiral (upper half). The Secretary of Defense must wait 60 days after sending the explanation to those committees and the requesting Member before making the promotion. An honorary promotion can be given even if other laws would not allow it. It does not change any pay, retired pay, or other U.S. benefits for the person or for anyone who might get benefits because of that person’s service. Member of Congress means: A Senator. A Representative, Delegate, or Resident Commissioner to Congress.

Title 10, §1563

Armed Forces, Source: USLM XML via OLRC

(a)Review by Secretary Concerned.—

Upon request of a Member of Congress, the Secretary concerned shall review a proposal for the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces that is not otherwise authorized by law. Based upon such review, the Secretary shall make a determination as to the merits of approving the promotion.

(b)Notice of Results of Review.—

Upon making a determination under subsection (a) as to the merits of approving the honorary promotion, the Secretary concerned shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress a detailed discussion of the rationale supporting the determination.

(c)Authority To Make.—

(1)Under regulations prescribed by the Secretary of Defense, the Secretary of Defense may make an honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces to any grade not exceeding the grade of major general or rear admiral (upper half) following the submittal of the determination of the Secretary concerned under subsection (b) in connection with the proposal for the promotion if the determination is to approve the making of the promotion.

(2)The Secretary of Defense may not make an honorary promotion under this subsection until 60 days after the date on which the Secretary concerned submits the determination in connection with the proposal for the promotion under subsection (b), and the detailed rationale supporting the determination as described in that subsection, to the Committees on Armed Services of the Senate and the House of Representatives and the requesting Member in accordance with that subsection.

(3)The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law.

(4)Any promotion pursuant to this subsection is honorary, and shall not affect the pay, retired pay, or other benefits from the United States to which the former member or retired member concerned is or would have been entitled based upon the military service of such former member or retired member, nor affect any benefits to which any other person may become entitled based on the military service of such former member or retired member.

(d)Definition.—

In this section, the term “Member of Congress” means—

(1)a Senator; or

(2)a Representative in, or a Delegate or Resident Commissioner to, Congress.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (c)(1). Pub. L. 118–31 substituted “general or” for “general,” and struck out “, or an equivalent grade in the Space Force” after “rear admiral (upper half)”. 2021—Pub. L. 116–283, § 523(b)(3), substituted “Consideration of proposals from Members of Congress for honorary promotions: procedures for review and promotion” for “Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review” in section catchline. Subsec. (a). Pub. L. 116–283, § 523(b)(1)(A), substituted, in first sentence, “the honorary promotion (whether or not posthumous) of a former member or retired member of the armed forces” for “the posthumous or honorary promotion or appointment of a member or former member of the armed forces, or any other person considered qualified,” and, in second sentence, “the promotion” for “the posthumous or honorary promotion or appointment”. Subsec. (b). Pub. L. 116–283, § 523(b)(1)(B), substituted “the honorary promotion” for “the posthumous or honorary promotion or appointment”. Subsecs. (c), (d). Pub. L. 116–283, § 523(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d). 2003—Pub. L. 108–136, § 1031(a)(11)(B), struck out “and recommendation” after “review” in section catchline. Subsec. (a). Pub. L. 108–136, § 1031(a)(11)(A)(i), struck out “and the other determinations necessary to comply with subsection (b)” before period at end. Subsec. (b). Pub. L. 108–136, § 1031(a)(11)(A)(ii), substituted “a detailed discussion of the rationale supporting the determination.” for “notice in writing of one of the following: “(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits. “(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended. “(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy. “(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law for the promotion or appointment is required but is not recommended. A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.”

§1563 Consideration of Proposals From Members of Congress for Honorary Promotions: Procedures for Review and Promotion

Summary

Title 10, §1563

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata