Collapse to view only § 8261. Presentation of United States flag upon retirement
- § 8261. Presentation of United States flag upon retirement
- § 8262. Higher retired grade and pay for members who serve satisfactorily under temporary appointments
- § 8263. Emergency shore duty: advance of funds
- § 8264. Shore patrol duty: payment of expenses
- § 8265. Mileage books: commutation tickets
- § 8266. Uniforms, accouterments, and equipment: sale at cost
- § 8267. Uniform: sale to former members of the naval service
- § 8270. Pension to persons serving ten years
- § 8271. Settlement of accounts: remission or cancellation of indebtedness of members
§ 8261. Presentation of United States flag upon retirement
(a)Presentation of Flag.—Upon the release of a member of the Navy or Marine Corps from active duty for retirement or transfer to the Fleet Reserve or the Fleet Marine Corps Reserve, the Secretary of the Navy shall present a United States flag to the member.
(b)Multiple Presentations Not Authorized.—A member is not eligible for a presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
(c)No Cost to Recipient.—The presentation of a flag under this section shall be at no cost to the recipient.
(Added Pub. L. 105–261, div. A, title VI, § 644(b)(1), Oct. 17, 1998, 112 Stat. 2048, § 6141; amended Pub. L. 106–65, div. A, title VI, § 652(e), Oct. 5, 1999, 113 Stat. 666; renumbered § 8261, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8262. Higher retired grade and pay for members who serve satisfactorily under temporary appointments
(a) Unless otherwise entitled to a higher retired grade and subject to section 689, and section 1370 or 1370a (as applicable), of this title, each member, other than a retired member, of the Navy or the Marine Corps shall, when retired, be advanced on the retired list to the highest officer grade in which he served satisfactorily under a temporary appointment as determined by the Secretary of the Navy.
(b) Each member (other than a former member of the Fleet Reserve or the Fleet Marine Corps Reserve) who is advanced on the retired list under this section is (unless otherwise entitled to higher retired pay) entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title.
Column 1 Take | Column 2 Multiply by |
|---|---|
Retired pay base computed under section 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the years of service that may be credited to him under section 1405. |
(c) Each former member of the Fleet Reserve or the Fleet Marine Corps Reserve who is advanced on the retired list under this section is entitled to retired pay determined in accordance with the following table. References in the table are to sections of this title.
Column 1 Take | Column 2 Multiply by |
|---|---|
Retired pay base computed under section 1406(d) or 1407 | Retired pay multiplier prescribed under section 1409 for the number of years of service creditable for his retainer pay at the time of retirement. |
(d) A member who is advanced on the retired list under this section from the grade of warrant officer, W–1, or from an enlisted grade to a commissioned grade, and who applies to the Secretary within three months after his advancement, shall, if the Secretary approves, be restored on the retired list to his former warrant officer or enlisted grade, as the case may be. A member who is restored to his former grade under this subsection is thereafter considered for all purposes as a warrant officer, W–1, or an enlisted member, as the case may be.
(e) Retired pay computed under subsection (b) or (c), if not a multiple of $1, shall be rounded to the next lower multiple of $1.
(Aug. 10, 1956, ch. 1041, 70A Stat. 385, § 6151; Pub. L. 85–422, § 11(a)(6)(A), May 20, 1958, 72 Stat. 131; Pub. L. 85–861, § 1(138), (139)(A), Sept. 2, 1958, 72 Stat. 1507, 1508; Pub. L. 88–132, § 5(h)(4), Oct. 2, 1963, 77 Stat. 214; Pub. L. 96–342, title VIII, § 813(d)(13), Sept. 8, 1980, 94 Stat. 1108; Pub. L. 96–513, title V, §§ 503(45), 513(17), Dec. 12, 1980, 94 Stat. 2914, 2932; Pub. L. 98–94, title IX, §§ 922(a)(9), 923(c)(1), Sept. 24, 1983, 97 Stat. 641, 643; Pub. L. 99–348, title II, § 203(c), July 1, 1986, 100 Stat. 696; Pub. L. 104–201, div. A, title V, § 521(d), Sept. 23, 1996, 110 Stat. 2517; renumbered § 8262, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 183; Pub. L. 116–283, div. A, title V, § 508(b)(3)(A), Jan. 1, 2021, 134 Stat. 3585.)
§ 8263. Emergency shore duty: advance of funds
Under such regulations as the President approves, the Secretary of the Navy may, to meet necessary expenses, advance funds to members of the naval service detailed on emergency shore duty. The funds advanced may not exceed the reasonable estimate of expenses to be incurred for which reimbursement is authorized.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6152; renumbered § 8263, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8264. Shore patrol duty: payment of expenses
An officer, midshipman, or cadet of the naval service who is assigned to shore patrol duty away from his vessel or other duty station may be paid his actual services.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6153; renumbered § 8264, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8265. Mileage books: commutation tickets
The Secretary of the Navy may buy such mileage books, commutation tickets, and other similar transportation tickets as he considers necessary, and he may furnish them to persons ordered to perform travel on official business. Payment for those tickets before the travel is performed is not an advance of public money within the meaning of subsections (a) and (b) of section 3324 of title 31.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6154; Pub. L. 97–258, § 3(b)(8), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 98–525, title XIV, § 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; renumbered § 8265, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8266. Uniforms, accouterments, and equipment: sale at cost
Under such regulations as the Secretary of the Navy prescribes, uniforms, accouterments, and equipment shall be sold by the United States at cost to officers and midshipmen of the naval service and, when the Coast Guard is operating as a service in the Navy, to officers of the Coast Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6155; renumbered § 8266, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8267. Uniform: sale to former members of the naval service
(a) Under such regulations as the Secretary of the Navy prescribes, exterior articles of uniform may be sold to a person who has been discharged from the naval service honorably or under honorable conditions. This section does not modify section 772 or 773 of this title.
(b) Money received from sales under this section shall be covered into the Treasury to the credit of the appropriation out of which the articles were purchased.
(Aug. 10, 1956, ch. 1041, 70A Stat. 386, § 6156; renumbered § 8267, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8270. Pension to persons serving ten years
(a) Every disabled person who has served in the Navy or Marine Corps as an enlisted member or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid.
(b) Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Secretary of Veterans Affairs, who shall pay a pension in such amount monthly to the applicant.
(c) No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s disability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be. In the case of any initial award of naval pension granted before July 14, 1943, where the person granted the naval pension is also entitled to pension or compensation under laws administered by the Secretary of Veterans Affairs, such naval pension shall not exceed one-fourth of such pension or compensation.
(Added Pub. L. 85–56, title XXII, § 2201(31)(C), June 17, 1957, 71 Stat. 161, § 6160; amended Pub. L. 85–857, § 13(v)(4), Sept. 2, 1958, 72 Stat. 1268; Pub. L. 99–145, title XIII, § 1301(c)(1), Nov. 8, 1985, 99 Stat. 736; Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 101–510, div. A, title XIV, § 1484(j)(4), Nov. 5, 1990, 104 Stat. 1719; renumbered § 8270, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)
§ 8271. Settlement of accounts: remission or cancellation of indebtedness of members
(a)In General.—The Secretary of the Navy may have remitted or cancelled any part of the indebtedness of a person to the United States or any instrumentality of the United States incurred while the person was serving as a member of the naval service, whether as a regular or a reserve in active status, but only if the Secretary considers such action to be in the best interest of the United States.
(b)Retroactive Applicability to Certain Debts.—The authority in subsection (a) may be exercised with respect to any debt covered by that subsection that is incurred on or after October 7, 2001.
(c)Regulations.—This section shall be administered under regulations prescribed by the Secretary of Defense.
(Added Pub. L. 86–511, § 1(a), June 11, 1960, 74 Stat. 207, § 6161; amended Pub. L. 109–163, div. A, title VI, § 683(b)(1), Jan. 6, 2006, 119 Stat. 3322; Pub. L. 109–364, div. A, title VI, § 673(b)(1), (2), (e)(2), Oct. 17, 2006, 120 Stat. 2271, 2272; Pub. L. 110–181, div. A, title X, § 1063(c)(7)(B), Jan. 28, 2008, 122 Stat. 323; Pub. L. 114–328, div. A, title VI, § 671(b)(2), Dec. 23, 2016, 130 Stat. 2173; renumbered § 8271, Pub. L. 115–232, div. A, title VIII, § 807(b)(10), Aug. 13, 2018, 132 Stat. 1835.)