10 U.S.C. Chapter 821 — OFFICERS IN COMMAND

Contents

Chapter 821 · Officers in command

8162Aviation commands: eligibility#

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(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.

8163Naval shipyards#

Commanders of naval shipyards may be selected by the President from officers of the Navy not below the grade of commander.

8164Marine Corps officers: limitation on power to command#

Officers of the Marine Corps may not command vessels or naval shipyards.

8165Staff corps officers: limitation on power to command#

An officer in a staff corps may command only such activities as are appropriate to his corps.

8166Precedence accorded commanding officers#

The commanding officer of a vessel or of a naval station takes precedence over all officers under his command.

8167Requirement of exemplary conduct#

All commanding officers and others in authority in the naval service are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and to take all necessary and proper measures, under the laws, regulations, and customs of the naval service, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge.

8168Consular powers: senior officer present afloat#

In any foreign port where there is no resident consul of the United States, or on the high seas, the senior officer present afloat has the powers of a consul in relation to mariners of the United States.

8169Policy as to leave and liberty#

The commanding officer of a vessel shall favor the faithful and obedient in granting leave and liberty.

8171Continuation of authority after loss of vessel or aircraft#

If the crew of any naval vessel or naval aircraft are separated from their vessel or aircraft because of its wreck, loss, or destruction, all the command and authority given to the officers of the vessel or aircraft remain in full force until the crew are discharged or reassigned.

8172Marine Corps organizations on vessels: authority of officers#

When an organization of the Marine Corps is embarked in any vessel, not as part of the authorized complement of the vessel, the authority of the officers of that organization is the same as though the organization were serving at a naval station. However, this section does not impair the paramount authority of the commanding officer of a vessel over the vessel and all persons embarked in it.

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