10 U.S.C. § 8902

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 8902 - Appointment and enlistment in reserve components

In the discretion of the Secretary of the Navy, any member of the Naval Militia may be appointed or enlisted in the Navy Reserve or the Marine Corps Reserve in the grade for which he is qualified.

10 U.S.C. § 8902

Aug. 10, 1956, ch. 1041, 70A Stat. 486, §7852; Pub. L. 109-163, div. A, title V, §515(b)(1)(W), Jan. 6, 2006, 119 Stat. 3233; renumbered §8902, Pub. L. 115-232, div. A, title VIII, §807(d)(11), Aug. 13, 2018, 132 Stat. 1837.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
7852	50 U.S.C. 1072 .	July 9, 1952, ch. 608, §502, 66 Stat. 500.

This section is written to indicate that the Secretary of the Navy has discretion in authorizing the appointment or enlistment in the Naval Reserve of members of the Naval Militia but does not make such appointments or enlistments. Section 593 of this title, based on 50 U.S.C. 942, 943, provides the manner in which all reserve appointments are made, and §510 of this title, based on 50 U.S.C. 941, 952, 956 provides the authority to enlist persons in the reserve components. As worded, this section removes the conflicting statement of appointing authority, and allows appointments and enlistments to be controlled by these other provisions. The words "rank" and "or rating" are omitted as covered by the word "grade".

EDITORIAL NOTES

AMENDMENTS2018- Pub. L. 115-232 renumbered section 7852 of this title as this section. 2006- Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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.

grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
rank: The term "rank" means the order of precedence among members of the armed forces.
rating: The term "rating" means the name (such as "boatswain's mate") prescribed for members of an armed force in an occupational field. The term "rate" means the name (such as "chief boatswain's mate") prescribed for members in the same rating or other category who are in the same grade (such as chief petty officer or seaman apprentice).