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Executive Order 10821 Constitutional Neutral (+0.02)

Executive Order 10821—Amendment of Executive Order No. 10168 of October 11, 1950, Prescribing Regulations Relating to the Right of Enlisted Members of the Uniformed Services to Additional Pay for Sea and Foreign Duty

Dwight D. Eisenhower Dwight D. Eisenhower
•
Wednesday, May 20, 1959
•
2 min read (498 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Dwight D. Eisenhower on 1959-05-20, establishes federal administrative policy concerning "Amendment of Executive Order No. 10168 of October 11, 1950, Prescribing Regulations Relating to the Right of Enlisted Members of the Uniformed Services to Additional Pay for Sea and Foreign Duty." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 237), and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered that sections 2, 3, and 7 of Executive Order No.
▪ 10168 of October 11, 1950, be, and they are hereby, amended to read as follows: SEC.
▪ Except as provided in subsections 2(a) (2) and (3) hereof, no enlisted member shall, for additional-pay purposes, be considered to be on sea duty: (a) While on duty in a receiving ship or station ship.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Foreign Nations & International Entities
Total Words
498
2,961 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 10821, Dwight D. Eisenhower (May 20, 1959). Available at https://executiveordersarchive.org/orders/app-executive-order-10821-amendment-executive-order-no-10168-october-11-1950-prescribing.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by section 206 of the Career Compensation Act of 1949, 63 Stat. 811, as amended (37 U.S.C. 237), and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered that sections 2, 3, and 7 of Executive Order No. 10168 of October 11, 1950, be, and they are hereby, amended to read as follows: SEC. 2. (a) For additional-pay purposes, and except as otherwise provided in section 3 hereof, the term "sea duty" shall mean duty performed by enlisted members: (1) While permanently assigned to a vessel, ship-based staff, or ship-based aviation unit pursuant to orders issued by competent authority, including (i) periods not in excess of fifteen consecutive days each while on temporary additional duty ashore or while temporarily based ashore. (The term "temporarily based ashore" refers to a ship-based staff or a ship-based aviation unit that has been landed ashore with intent to return to a ship.) (ii) periods during which messing or berthing facilities, or both, are temporarily out of operation to permit alterations or repairs. (2) While in a vessel pursuant to orders issued by competent authority although based or stationed ashore, but only when such duty is eight days or more in duration in each case. (3) While in a vessel in an inactive duty status, special status, or in a non-self-propelled vessel, but only on days when such vessel is operating at sea for a period of eight days or more in each case. (4) While permanently assigned, pursuant to orders issued by competent authority, to a commissioned landing-craft squadron or a commissioned motor-torpedo-boat squadron which is a tactical component of an operating fleet in an active status and the craft of which are equipped with berthing and messing facilities. (b) For the purposes of this section, and except as provided in subsection (a) (3) hereof, the word "vessel" or "ship" shall mean a self-propelled vessel in an active status, in commission or in service, and equipped with berthing and messing facilities. SEC. 3. Except as provided in subsections 2(a) (2) and (3) hereof, no enlisted member shall, for additional-pay purposes, be considered to be on sea duty: (a) While on duty in a receiving ship or station ship. (b) While on duty in a vessel which is in an inactive status. (c) While on duty with an administrative or maintenance organization that is permanently based ashore. SEC. 7. No enlisted member shall be entitled under this order to receive both sea-duty pay and foreign-duty pay for the same period of time; nor sea-duty pay and credit for basic allowance for subsistence for the same period of time except periods during which messing facilities are temporarily out of operation to permit alterations or repairs and periods during which the member is on leave beyond the continental limits of the United States or in Alaska. DWIGHT D. EISENHOWER THE WHITE HOUSE, May 20, 1959.