10 USC § 8162 - Aviation commands: eligibility

---
identifier: "/us/usc/t10/s8162"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8162 - Aviation commands: eligibility"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8162"
section_name: "Aviation commands: eligibility"
chapter_number: 821
chapter_name: "OFFICERS IN COMMAND"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5942; Pub. L. 91–198, § 1(1), Feb. 26, 1970, 84 Stat. 15; Pub. L. 113–291, div. A, title V, § 507, Dec. 19, 2014, 128 Stat. 3357; renumbered § 8162, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)"
---


# § 8162. Aviation commands: eligibility

**(a)**

**(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.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 371, § 5942; Pub. L. 91–198, § 1(1), Feb. 26, 1970, 84 Stat. 15; Pub. L. 113–291, div. A, title V, § 507, Dec. 19, 2014, 128 Stat. 3357; renumbered § 8162, Pub. L. 115–232, div. A, title VIII, § 807(b)(5), Aug. 13, 2018, 132 Stat. 1834.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5942(a) | 34 U.S.C. 735 (5th par.). | June 24, 1926, ch. 668, § 3 (5th par.), 44 Stat. 767. |
| 5942(b) | 34 U.S.C. 735 (4th par.). | June 24, 1926, ch. 668, § 3 (4th par.), 44 Stat. 767. |
| 5942(c) | 34 U.S.C. 735 (7th par.). | June 24, 1926, ch. 668, § 3 (7th par.), 44 Stat. 767. |

The last proviso of  (), was superseded by paragraphs 4, 5, and 7 of  (), insofar as ships and activities mentioned in those paragraphs are concerned. The requirements of this section are stated as conditions of eligibility for clarity.

## Editorial Notes

### Amendments

2018— renumbered  as this section.

2014—Subsec. (a).  designated existing provisions as par. (1) and added par. (2).

1970—Subsec. (a).  substituted “naval flight officer” for “naval aviation observer”.

Subsecs. (b), (c).  inserted “or naval flight officer” after “naval aviator”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .