US (United States) Code. Title 10. Subtitle A. Part II. Chapter 43: Rank and command

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 43 - RANK AND COMMAND 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

.

-HEAD-

CHAPTER 43 - RANK AND COMMAND

-MISC1-

Sec.

741. Rank: commissioned officers of the armed forces.

742. Rank: warrant officers.

743. Rank: Chief of Staff of the Army; Chief of Naval Operations;

Chief of Staff of the Air Force; Commandant of the Marine Corps.

744. Physician to White House: assignment; grade.

(745. Repealed.)

747. Command: when different commands of Army, Navy, Air Force,

Marine Corps, and Coast Guard join.

749. Command: commissioned officers in same grade or corresponding

grades on duty at same place.

750. Command: retired officers.

AMENDMENTS

1991 - Pub. L. 102-190, div. A, title XI, Sec. 1114(c), Dec. 5,

1991, 105 Stat. 1502, added item 742 and struck out item 745

''Warrant officers: rank''.

1987 - Pub. L. 100-180, div. A, title XIII, Sec. 1314(b)(5)(B),

Dec. 4, 1987, 101 Stat. 1175, inserted ''; Commandant of the Marine

Corps'' after ''Air Force'' in item 743.

1980 - Pub. L. 96-513, title V, Sec. 501(10)(A), Dec. 12, 1980,

94 Stat. 2908, as amended Pub. L. 97-22, Sec. 10(a)(1), July 10,

1981, 95 Stat. 136, substituted ''armed forces'' for ''Army, Navy,

Air Force, and Marine Corps'' in item 741.

Pub. L. 96-513, title V, Sec. 501(10)(B), Dec. 12, 1980, 94 Stat.

2908, added item 750.

1968 - Pub. L. 90-235, Sec. 5(a)(1)(B), Jan. 2, 1968, 81 Stat.

761, added items 747 and 749.

1958 - Pub. L. 85-861, Sec. 1(19), Sept. 2, 1958, 72 Stat. 1442,

struck out item 742 ''Rank: officers of regular and reserve

components''.

-CITE-

10 USC Sec. 741 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 741. Rank: commissioned officers of the armed forces

-STATUTE-

(a) Among the grades listed below, the grades of general and

admiral are equivalent and are senior to other grades and the

grades of second lieutenant and ensign are equivalent and are

junior to other grades. Intermediate grades rank in the order

listed as follows:

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Army, Air Force, and Marine Corps Navy and Coast Guard

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General Admiral.

Lieutenant general Vice admiral.

Major general Rear admiral.

Brigadier general Rear admiral (lower half).

Colonel Captain.

Lieutenant colonel Commander.

Major Lieutenant commander.

Captain Lieutenant.

First lieutenant Lieutenant (junior grade).

Second lieutenant Ensign.

-------------------------------

(b) Rank among officers of the same grade or of equivalent grades

is determined by comparing dates of rank. An officer whose date of

rank is earlier than the date of rank of another officer of the

same or equivalent grade is senior to that officer.

(c) Rank among officers of the Army, Navy, Air Force, and Marine

Corps of the same grade or of equivalent grades who have the same

date of rank is determined by regulations prescribed by the

Secretary of Defense which shall apply uniformly among the Army,

Navy, Air Force, and Marine Corps.

(d)(1) The date of rank of an officer of the Army, Navy, Air

Force, or Marine Corps who holds a grade as the result of an

original appointment shall be determined by the Secretary of the

military department concerned at the time of such appointment. The

date of rank of an officer of the Army, Navy, Air Force, or Marine

Corps who holds a grade as the result of an original appointment

and who at the time of such appointment was awarded service credit

for prior commissioned service or constructive credit for advanced

education or training, or special experience shall be determined so

as to reflect such prior commissioned service or constructive

service. Determinations by the Secretary concerned under this

paragraph shall be made under regulations prescribed by the

Secretary of Defense which shall apply uniformly among the Army,

Navy, Air Force, and Marine Corps.

(2) Except as otherwise provided by law, the date of rank of an

officer who holds a grade as the result of a promotion is the date

of his appointment to that grade.

(3) Under regulations prescribed by the Secretary of Defense,

which shall apply uniformly among the Army, Navy, Air Force, and

Marine Corps, the date of rank of a reserve commissioned officer

(other than a warrant officer) of the Army, Navy, Air Force, or

Marine Corps who is to be placed on the active-duty list and who

has not been on continuous active duty since his original

appointment as a reserve commissioned officer in a grade above

chief warrant officer, W-5, or who is transferred from an inactive

status to an active status and placed on the active-duty list or

the reserve active-status list may, effective on the date on which

he is placed on the active-duty list or reserve active-status list,

be changed by the Secretary concerned to a later date to reflect

such officer's qualifications and experience. The authority to

change the date of rank of a reserve officer who is placed on the

active-duty list to a later date does not apply in the case of an

officer who (A) has served continuously in the Selected Reserve of

the Ready Reserve since the officer's last promotion, or (B) is

placed on the active-duty list while on a promotion list as

described in section 14317(b) of this title.

(4)(A) The Secretary concerned may adjust the date of rank of an

officer appointed under section 624(a) of this title to a higher

grade that is not a general officer or flag officer grade if the

appointment of that officer to that grade is delayed from the date

on which (as determined by the Secretary) it would otherwise have

been made by reason of unusual circumstances (as determined by the

Secretary) that cause an unintended delay in -

(i) the processing or approval of the report of the selection

board recommending the appointment of that officer to that grade;

or

(ii) the processing or approval of the promotion list

established on the basis of that report.

(B) The adjusted date of rank applicable to the grade of an

officer under subparagraph (A) shall be consistent -

(i) with the officer's position on the promotion list for that

grade and competitive category when additional officers in that

grade and competitive category were needed; and

(ii) with compliance with the applicable authorized strengths

for officers in that grade and competitive category.

(C) The adjusted date of rank applicable to the grade of an

officer under subparagraph (A) shall be the effective date for -

(i) the officer's pay and allowances for that grade; and

(ii) the officer's position on the active-duty list.

(D) When under subparagraph (A) the Secretary concerned adjusts

the date of rank of an officer in a grade to which the officer was

appointed by and with the advice and consent of the Senate and the

adjustment is to a date before the date of the advice and consent

of the Senate to that appointment, the Secretary shall promptly

transmit to the Committee on Armed Services of the Senate a

notification of that adjustment. Any such notification shall

include the name of the officer and a discussion of the reasons for

the adjustment of date of rank.

(E) Any adjustment in date of rank under this paragraph shall be

made under regulations prescribed by the Secretary of Defense,

which shall apply uniformly among the Army, Navy, Air Force, and

Marine Corps.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 33; Pub. L. 96-513, title I,

Sec. 107, Dec. 12, 1980, 94 Stat. 2869; Pub. L. 97-22, Sec. 4(h),

July 10, 1981, 95 Stat. 127; Pub. L. 97-86, title IV, Sec.

405(b)(8), Dec. 1, 1981, 95 Stat. 1106; Pub. L. 97-295, Sec. 1(11),

Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98-557, Sec. 25(c), Oct. 30,

1984, 98 Stat. 2873; Pub. L. 99-145, title V, Sec. 514(b)(8), Nov.

8, 1985, 99 Stat. 629; Pub. L. 102-190, div. A, title XI, Sec.

1131(1)(A), Dec. 5, 1991, 105 Stat. 1505; Pub. L. 103-337, div. A,

title XVI, Sec. 1626, Oct. 5, 1994, 108 Stat. 2962; Pub. L.

104-106, div. A, title XV, Sec. 1501(a)(3), Feb. 10, 1996, 110

Stat. 495; Pub. L. 107-107, div. A, title V, Sec. 506(a), Dec. 28,

2001, 115 Stat. 1089.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

741(a) 10:517 (1st and 2d Aug. 7, 1947, ch.

sentences, less 512, Sec. 314(j),

applicability to 516, 61 Stat. 865,

rank within grade). 908. R.S. 1603

14:43. 34:651 (less (less applicability

applicability to to establishment of

establishment of commissioned

commissioned grades). R.S. 1466.

grades, and less Aug. 4, 1949, ch.

applicability to 393, Sec. 1(43), 63

rank within grade). Stat. 498.

34:241.

34:241a (1st and 2d

sentences, less

applicability to

rank within grade).

741(b) 10:517 (1st and 2d

sentences, as

applicable to rank

within grade).

34:241a (1st and 2d

sentences, as

applicable to rank

within grade).

34:626-1(j).

34:651 (less

applicability to

establishment of

commissioned

grades, and as

applicable to rank

within grade).

741(c) 10:517 (less 1st and

2d sentences).

34:241a (less 1st

and 2d sentences).

-------------------------------

In subsection (a), the word ''Regular'', pertaining to major

generals and brigadier generals, in 10:517 and 34:241a, is omitted,

since the last sentence of 10:517 and 34:241a establish the rank of

nonregular officers of the Army and the Air Force, with respect to

officers of the Regular Army and the Regular Air Force. The effect

of establishing their rank with respect to regular officers, when

read in connection with the provisions prescribing the rank of

officers of the regular components with officers of the other

services, under 10:517 (less last sentence), 34:241a (less last

sentence), and 34:241, is therefore to establish the rank of

nonregular officers with respect to officers of the other listed

services. This allows a consolidation of 10:517 (less last

sentence, as applicable to rank), 34:241, and 34:241a (less last

sentence, as applicable to rank), together with 34:651, into a

table of rank among officers of the Army, Navy, Air Force, and

Marine Corps. The words ''lineal rank only being considered'', in

34:241, are covered by setting forth the grades in tabular form.

The words ''whether on the active or retired list'', in 34:241, are

omitted, since retired officers of the Navy continue to be officers

of the Navy. The words ''Lieutenant (junior grade)'' are

substituted for the word ''masters'', in R.S. 1466, to reflect the

change made in the name of that grade by the Act of March 3, 1883,

ch. 97 (2d par.), 22 Stat. 472.

In subsections (a) and (b), the words ''entitled to pay'' and

''entitled to the pay'', respectively, are inserted, since rear

admiral is one grade with two ranks depending on the amount of pay

to which the incumbent is entitled.

In subsection (b), the words ''in such grades'', in 10:517 and

34:241a, are omitted as surplusage.

In subsection (c), the words ''A commissioned officer of the Army

or the Air Force'' are substituted for the words ''All officers of

the Army of the United States, including all components thereof'',

since rank among officers of the Regular Army and Regular Air Force

is determined under sections 3573, 3574, 8573, and 8574 of this

title.

AMENDMENTS

2001 - Subsec. (d)(4). Pub. L. 107-107 added par. (4).

1996 - Subsec. (d)(3). Pub. L. 104-106 made technical correction

to directory language of Pub. L. 103-337, Sec. 1626(1). See 1994

Amendment note below.

1994 - Subsec. (d)(3). Pub. L. 103-337, Sec. 1626(3), inserted at

end ''The authority to change the date of rank of a reserve officer

who is placed on the active-duty list to a later date does not

apply in the case of an officer who (A) has served continuously in

the Selected Reserve of the Ready Reserve since the officer's last

promotion, or (B) is placed on the active-duty list while on a

promotion list as described in section 14317(b) of this title.''

Pub. L. 103-337, Sec. 1626(2), inserted ''or reserve

active-status list'' after ''he is placed on the active-duty

list''.

Pub. L. 103-337, Sec. 1626(1), as amended by Pub. L. 104-106,

inserted ''or who is transferred from an inactive status to an

active status and placed on the active-duty list or the reserve

active-status list may, effective on the date on which he is placed

on the active-duty list'' after ''warrant officer, W-5,''.

1991 - Subsec. (d)(3). Pub. L. 102-190 substituted ''chief

warrant officer, W-5,'' for ''warrant officer (W-4)''.

1985 - Subsec. (a). Pub. L. 99-145 substituted ''Rear admiral

(lower half)'' for ''Commodore'' in table.

1984 - Subsec. (a). Pub. L. 98-557 struck out ''(Navy) and Rear

admiral (upper half) (Coast Guard)'' after ''Rear admiral'' and

''(Navy) and Rear admiral (lower half) (Coast Guard)'' after

''Commodore'' in table.

1982 - Subsec. (c). Pub. L. 97-295 substituted ''the'' for ''the

the'' after ''uniformly among''.

1981 - Pub. L. 97-22, Sec. 4(h)(4), substituted ''armed forces''

for ''Army, Navy, Air Force, and Marine Corps'' in section

catchline.

Subsec. (a). Pub. L. 97-86 substituted ''Commodore'' for

''Commodore admiral'' in right column of table opposite Brigadier

general.

Pub. L. 97-22, Sec. 4(h)(1), inserted reference to the Coast

Guard in column heading and inserted references to Rear admiral

(upper half) (Coast Guard) and Rear admiral (lower half) (Coast

Guard).

Subsec. (c). Pub. L. 97-22, Sec. 4(h)(2), inserted ''of the Army,

Navy, Air Force, and Marine Corps'' after ''Rank among officers''.

Subsec. (d)(1). Pub. L. 97-22, Sec. 4(h)(3)(A), inserted ''of the

Army, Navy, Air Force, or Marine Corps'' after ''officer'' in two

places.

Subsec. (d)(3). Pub. L. 97-22, Sec. 4(h)(3)(B), inserted ''of the

Army, Navy, Air Force, or Marine Corps'' after ''(other than a

warrant officer)''.

1980 - Pub. L. 96-513 completely revised section to restructure

and redefine various ranks of commissioned officers of the Army,

Air Force, Marine Corps, and Navy and relationships of officers in

those ranks among themselves.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 506(c), Dec. 28, 2001,

115 Stat. 1090, provided that:

''(1) Paragraph (4) of section 741(d) of title 10, United States

Code, as added by subsection (a), and paragraph (2) of section

14308(c) of such title, as added by subsection (b), shall apply

with respect to any report of a selection board recommending

officers for promotion to the next higher grade that is submitted

to the Secretary of the military department concerned on or after

the date of the enactment of this Act (Dec. 28, 2001).

''(2) The Secretary of the military department concerned may

apply the applicable paragraph referred to in paragraph (1) in the

case of an appointment of an officer to a higher grade resulting

from a report of a selection board submitted to the Secretary

before the date of the enactment of this Act if the Secretary

determines that such appointment would have been made on an earlier

date that is on or after October 1, 2001, and was delayed under the

circumstances specified in paragraph (4) of section 741(d) of title

10, United States Code, as added by subsection (a).''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section

1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 624, 742, 12206, 14006,

14308 of this title.

-CITE-

10 USC Sec. 742 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 742. Rank: warrant officers

-STATUTE-

(a) Among warrant officer grades, warrant officer grades of a

higher numerical designation are senior to warrant officer grades

of a lower numerical designation.

(b) Rank among warrant officers of the same grade, and date of

rank of warrant officers, is determined in the same manner as

prescribed in section 741 of this title for officers in grades

above warrant officer grades.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1114(a), Dec. 5,

1991, 105 Stat. 1502.)

-MISC1-

PRIOR PROVISIONS

A prior section 742, act Aug. 10, 1956, ch. 1041, 70A Stat. 34,

related to rank of regular officers and reserve officers, prior to

repeal by Pub. L. 85-861, Sec. 36B(4), Sept. 2, 1958, 72 Stat.

1570.

EFFECTIVE DATE

Section effective Feb. 1, 1992, see section 1132 of Pub. L.

102-190, set out as an Effective Date of 1991 Amendment note under

section 521 of this title.

-CITE-

10 USC Sec. 743 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval

Operations; Chief of Staff of the Air Force; Commandant of the

Marine Corps

-STATUTE-

The Chief of Staff of the Army, the Chief of Naval Operations,

the Chief of Staff of the Air Force, and the Commandant of the

Marine Corps rank among themselves according to dates of

appointment to those offices, and rank above all other officers on

the active-duty list of the Army, Navy, Air Force, and Marine

Corps, except the Chairman and the Vice Chairman of the Joint

Chiefs of Staff.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 34; Pub. L. 96-513, title I,

Sec. 501(11), Dec. 12, 1980, 94 Stat. 2908; Pub. L. 99-433, title

II, Sec. 202(b), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100-180,

div. A, title XIII, Sec. 1314(a)(2), (b)(5)(A), Dec. 4, 1987, 101

Stat. 1175.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

743 5:626c(b). July 26, 1947, ch.

343, Sec. 208(b),

61 Stat. 503; Sept.

19, 1951, ch. 407,

Sec. 402, 65 Stat.

333.

-------------------------------

5:626c(b) (1st sentence) is omitted as superseded by sections

8031(a)(1) and 8034(a) of this title. 5:626c(b) (2d sentence) is

omitted as covered by section 8034(d) of this title. 5:626c(b) (3d

and 4th sentences) is omitted as executed. 5:626c(b) (5th sentence)

is omitted as covered by section 8034(b) of this title. 5:626c(b)

(proviso of last sentence) is omitted as executed, since the

incumbents to whom it is applied no longer hold the offices

mentioned. The exception as to the Chairman of the Joint Chiefs of

Staff is included because of section 142(c) of this title. The

words ''and the Marine Corps'' are inserted, since under section

5081 of this title the Chief of Naval Operations takes precedence

over all other officers of the naval service.

AMENDMENTS

1987 - Pub. L. 100-180, Sec. 1314(b)(5)(A), inserted '';

Commandant of the Marine Corps'' after ''Air Force'' in section

catchline.

Pub. L. 100-180, Sec. 1314(a)(2), made technical correction in

directory language of Pub. L. 99-433. See 1986 Amendment note

below.

1986 - Pub. L. 99-433, as amended by Pub. L. 100-180, Sec.

1314(a)(2), inserted reference to the Commandant of the Marine Corp

and the Vice Chairman of the Joint Chiefs of Staff.

1980 - Pub. L. 96-513 substituted ''active-duty list'' for

''active list''.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 1314(e)(1) of Pub. L. 100-180 provided that: ''The

amendments made by subsection (a) (amending this section, sections

2431 to 2434 of this title, and provisions set out as notes under

sections 111 and 3033 of this title) shall apply as if included in

the enactment of the Goldwater-Nichols Department of Defense

Reorganization Act of 1986 (Public Law 99-433).''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-CITE-

10 USC Sec. 744 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 744. Physician to White House: assignment; grade

-STATUTE-

An officer of the Medical Corps of the Army, or a medical officer

of the Air Force, who is below the grade of colonel and who is

assigned to duty as physician to the White House has the rank, pay,

and allowances of colonel while so serving. An officer of the

Medical Corps of the Navy who is below the grade of captain and who

is assigned to that duty has the rank, pay, and allowances of

captain while so serving.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 34.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

744 10:515. 34:251a. Apr. 4, 1930, ch.

104, 46 Stat. 140.

-------------------------------

The word ''temporary'', in 10:515 and 34:251a, is omitted as

surplusage.

-CITE-

10 USC Sec. 745 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

(Sec. 745. Repealed. Pub. L. 102-190, div. A, title XI, Sec.

1114(b), Dec. 5, 1991, 105 Stat. 1502)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 34, related to

ranking of warrant officers. See section 742 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Feb. 1, 1992, see section 1132 of Pub. L.

102-190, set out as an Effective Date of 1991 Amendment note under

section 521 of this title.

-CITE-

10 USC Sec. 747 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 747. Command: when different commands of Army, Navy, Air

Force, Marine Corps, and Coast Guard join

-STATUTE-

When different commands of the Army, Navy, Air Force, Marine

Corps, and Coast Guard join or serve together, the officer highest

in rank in the Army, Navy, Air Force, Marine Corps, or Coast Guard

on duty there, who is otherwise eligible to command, commands all

those forces unless otherwise directed by the President.

-SOURCE-

(Added Pub. L. 90-235, Sec. 5(a)(1)(A), Jan. 2, 1968, 81 Stat.

760.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-CITE-

10 USC Sec. 749 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 749. Command: commissioned officers in same grade or

corresponding grades on duty at same place

-STATUTE-

(a) When the Army, Navy, Air Force, Marine Corps, or Coast Guard,

as the case may be, has on duty in the same area, field command, or

organization two or more commissioned officers of the same grade

who are otherwise eligible to command, the President may assign the

command without regard to rank in that grade.

(b) When officers of the Army, Navy, Air Force, Marine Corps, or

Coast Guard are on duty in the same area, field, command, or

organization and two or more commissioned officers of different

services, who are otherwise eligible to command, have the same

grade or corresponding grades, the President may assign the command

without regard to rank in that grade.

-SOURCE-

(Added Pub. L. 90-235, Sec. 5(a)(1)(A), Jan. 2, 1968, 81 Stat.

760.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

DELEGATION OF AUTHORITY

For delegation of authority of President under this section, see

section 1 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set

out as a note under section 113 of this title.

-CITE-

10 USC Sec. 750 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 43 - RANK AND COMMAND

-HEAD-

Sec. 750. Command: retired officers

-STATUTE-

A retired officer has no right to command except when on active

duty.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 108, Dec. 12, 1980, 94 Stat.

2870.)

-MISC1-

EFFECTIVE DATE

Section effective Sept. 15, 1981, but the authority to prescribe

regulations under this section effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

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