10 U.S.C. § 1580

Emergency essential employees: designation

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(a)Criteria for Designation.—The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:(1) It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.(2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.(3) It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.(b)Eligibility of Employees of Nonappropriated Fund Instrumentalities.—A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).(c)Definitions.—In this section:(1) The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.(2) The term “nonappropriated fund instrumentality employee” has the meaning given that term in section 1587(a)(1) of this title.(Added Pub. L. 106–65, div. A, title XI, § 1103(b)(1), Oct. 5, 1999, 113 Stat. 776.)Editorial NotesReferences in Text

Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 1580, added Pub. L. 87–651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663.

Notes of Decisions

Cited in 6 cases, 1939–2007 · leading case: Robert A. Garrett v. United States, 625 F.2d 712 (5th Cir. 1980).

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Robert A. Garrett v. United States, 625 F.2d 712 (5th Cir. 1980). “He was a soldier, subject to the rules, discipline and jurisdiction of the Army and squarely within the provisions of Article 2 of the Uniform Code of Military Justice .”

Stone v. Nicholson, 480 F.3d 1111 (Fed. Cir. 2007). “§ 6326 refers to persons “who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code)”; 10 U.S.C. § 1580 refers to the duty…”

Edward S. Dickenson v. Colonel James W. Davis, Commandant, United States Disciplinary Barracks, Fort Leavenworth, Kansas, 245 F.2d 317 (10th Cir. 1957). “He was a soldier, subject to the rules, discipline and jurisdiction of the Army and squarely within the provisions of Article 2 of the Uniform Code of Military Justice, 50 U.”

Ruch v. Wilhelm, 43 A.2d 894 (Pa. 1945). “809 , 10 U.S.C.A. § 1580 . That provision (formerly Article 4) has been in the Articles of War since 1806 without substantial change (Reid v.”

Nordmann v. Woodring, 28 F. Supp. 573 (W.D. Okla. 1939). “10 U.S.C.A. § 1580 provides: “No enlisted man,- lawfully inducted into the military service of the United States, shall *575 be discharged, from said service without a certificate of discharge, signed by a field officer of the regiment or other organization to which the enlisted…”

Lamb v. Patterson, 154 F.2d 319 (D.C. Cir. 1946). “668 , now 10 U.S.C.A. § 1580 , that “No enlisted man, lawfully inducted into the military service of the United States, shall be discharged from said service without a certificate of discharge signed by a field officer of the regiment or other organization to which the enlisted…”

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