|
U.S. Code as of:
01/19/04
Section 5149. Office of the Judge Advocate General: Deputy Judge Advocate General; Assistant Judge Advocates General
(a)(1) 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. 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.
(2) Under regulations prescribed by the Secretary of Defense, the
Secretary of the Navy, in selecting an officer for recommendation
to the President for appointment as the Deputy Judge Advocate
General, shall ensure that the officer selected is recommended by a
board of officers that, insofar as practicable, is subject to the
procedures applicable to selection boards convened under chapter 36
of this title.
(b) An officer of the Judge Advocate General's Corps who has the
qualifications prescribed for the Judge Advocate General in section
5148(b) of this title may be detailed as Assistant Judge Advocate
General of the Navy. 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. An
officer who is retired while serving as Assistant Judge Advocate
General of the Navy under this subsection or who, after serving at
least twelve months as Assistant Judge Advocate General of the
Navy, is retired after completion of that service while serving in
a lower rank or grade, may, in the discretion of the President, be
retired with the rank and grade of rear admiral (lower half). 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.
(c) A judge advocate of the Marine Corps who has the
qualifications prescribed for the Judge Advocate General in section
5148(b) of this title may be detailed as Assistant Judge Advocate
General of the Navy. 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. An
officer who is retired while serving as Assistant Judge Advocate
General of the Navy under this subsection or who, after serving at
least twelve months as Assistant Judge Advocate General of the
Navy, is retired after completion of that service while serving in
a lower rank or grade, may, in the discretion of the President, be
retired with the rank and grade of brigadier general. 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.
(d) When there is a vacancy in the Office of the Judge Advocate
General, or during the absence or disability of the Judge Advocate
General, the Deputy Judge Advocate General shall perform the duties
of the Judge Advocate General until a successor is appointed or the
absence or disability ceases.
(e) When subsection (d) cannot be complied with because of the
absence or disability of the Deputy Judge Advocate General, the
Assistant Judge Advocates General, in the order directed by the
Secretary of the Navy, shall perform the duties of the Judge
Advocate General.
|
|