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10 USC CHAPTER 535 - GRADE AND RANK OF OFFICERS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

.

-HEAD-

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-MISC1-

Sec.

5501. Navy: grades above chief warrant officer, W-5.

5502. Marine Corps: grades above chief warrant officer, W-5.

5503. Navy and Marine Corps: warrant officer grades.

(5504 to 5507. Repealed.)

5508. Rank of line and staff corps officers of the Navy and

officers of the Marine Corps.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1673(d)(2), Oct.

5, 1994, 108 Stat. 3016, struck out item 5506 ''Naval Reserve and

Marine Corps Reserve; officers: precedence''.

1991 - Pub. L. 102-190, div. A, title XI, Sec. 1131(8)(B), Dec.

5, 1991, 105 Stat. 1506, substituted ''W-5'' for ''W-4'' in items

5501 and 5502.

1980 - Pub. L. 96-513, title V, Sec. 503(25), 513(10), Dec. 12,

1980, 94 Stat. 2913, 2932, struck out items 5504 ''Lineal lists:

maintenance'', 5505 ''Reserve officers: change of lineal

position'', and 5507 ''Rear admirals: determination of upper

half''.

1958 - Pub. L. 85-861, Sec. 1(114)(B), Sept. 2, 1958, 72 Stat.

1493, added item 5506.

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10 USC Sec. 5501 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

Sec. 5501. Navy: grades above chief warrant officer, W-5

-STATUTE-

The commissioned grades in the Navy above the grade of chief

warrant officer, W-5, are the following:

(1) Admiral.

(2) Vice admiral.

(3) Rear admiral.

(4) Rear admiral (lower half).

(5) Captain.

(6) Commander.

(7) Lieutenant commander.

(8) Lieutenant.

(9) Lieutenant (junior grade).

(10) Ensign.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. 96-513, title III,

Sec. 301, Dec. 12, 1980, 94 Stat. 2887; Pub. L. 97-86, title IV,

Sec. 405(a), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V,

Sec. 514(a)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102-190, div.

A, title XI, Sec. 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.)

-MISC1-

Historical and Revision Notes

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

Large)

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5501(a) 34 U.S.C. 1. R.S. 1362; Mar. 3,

1883, ch. 97, Sec.

1 (2d par. on p.

472, as applicable

to masters and

junior grade

lieutenants), 22

Stat. 472; Mar. 3,

1899, ch. 413, Sec.

7 (1st sentence,

less proviso), 30

Stat. 1005.

34 U.S.C. 211d(a) Aug. 7, 1947, ch.

(as applicable to 512, Sec. 413(a)

grades of admiral (as applicable to

and vice admiral). grades of admiral

and vice admiral),

61 Stat. 875.

34 U.S.C. 10a (1st Aug. 7, 1947, ch.

sentence). 512, Sec. 405 (1st

sentence), 61 Stat.

872.

5501(b) 34 U.S.C. 350e (1st July 24, 1941, ch.

sentence). 320, Sec. 6 (1st

sentence), 55 Stat.

604; Apr. 9, 1943,

ch. 38, Sec. 1, 57

Stat. 59; Oct. 12,

1949, ch. 681, Sec.

531(b)(28), 63

Stat. 839.

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

The Act of July 24, 1941, ch. 320, as amended (34 U.S.C. 350 et

seq.), and Sec. 413 of the Officer Personnel Act of 1947 (34 U.S.C.

211d) provide for the temporary appointment of officers to grades

up to and including admiral. Staff corps officers, women officers,

and reserve officers are not excluded from the operation of the

provisions of the 1941 Act. Since authority exists for the

appointment of officers of any category in any grade in the Navy,

the existence of every grade in the several staff corps and in the

Naval Reserve is recognized, and the restriction of these grades to

the active list of the line is removed.

The grade of Fleet Admiral is omitted inasmuch as the law

authorizing appointments in this grade was limited.

In subsection (a) the words ''above the grade of chief warrant

officer, W-4'' are inserted for clarity.

Subsection (c) is added to make clear the fact that an officer

serving in a position, such as chief of bureau, which entitles him

to the rank, pay, and allowances of a rear admiral of the upper

half ranks rear admirals receiving the pay and allowances of the

lower half even though he has not been appointed to the grade of

rear admiral or, if so appointed, is in the lower half. A

statement of this fact is necessary to give full effect to 5 U.S.C.

441 which provides that chiefs of bureaus of the Navy Department

and the Judge Advocate General of the Navy, while so serving, shall

have ''corresponding rank and shall receive the same pay and

allowances * * * as * * * chiefs of bureaus of the War Department

and the Judge Advocate General of the Army''. The rank so

conferred, corresponding to the Army rank of major general, is rear

admiral of the upper half. In Sec. 5133 and 5148 of this title,

based on 5 U.S.C. 441, the reference to the Army rank is eliminated

and the corresponding Navy rank is substituted. The substitution

is made because, as stated in the revision notes on those sections,

the creation of the Department of the Air Force and the

reorganization of the Department of the Army make it impracticable

to continue to relate Navy Department positions to former War

Department positions. This treatment of 5 U.S.C. 441 does not,

however, completely cover the question of the rank, in relation to

other officers in the Navy and other services, of a captain or rear

admiral of the lower half who by virtue of his position becomes

entitled to the rank, pay, and allowances of a rear admiral of the

upper half. Under 34 U.S.C. 241a officers holding commissions in

the grade of rear admiral rank with major generals if entitled to

the pay of the upper half and with brigadier generals if entitled

to the pay of the lower half. Under 5 U.S.C. 441 bureau chiefs and

the Judge Advocate General rank with major generals regardless of

the grade in which they hold commissions and, therefore, also rank

all officers of the Navy who are ranked by major generals. This

fact, obscured by the substitution of Navy rank in the codification

of 5 U.S.C. 441, is set out in subsection (c).

AMENDMENTS

1991 - Pub. L. 102-190 substituted ''W-5'' for ''W-4'' in section

catchline and text.

1985 - Par. (4). Pub. L. 99-145 substituted ''Rear admiral (lower

half)'' for ''Commodore''.

1981 - Par. (4). Pub. L. 97-86 substituted ''Commodore'' for

''Commodore admiral''.

1980 - Pub. L. 96-513 struck out subsec. (a) designation from

provisions formerly classified as such and, as so redesignated,

inserted commodore admiral in the listing of commissioned grades

above the grade of chief warrant officer, W-4 and struck out former

subsecs. (b) and (c) which related to the grades of commodore and

rear admiral, respectively.

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.

TRANSITION PROVISIONS OF DEFENSE OFFICER PERSONNEL MANAGEMENT ACT

For transition provisions relating to the new commodore admiral

grade established in the Navy, see section 614 of Pub. L. 96-513,

set out as a note under section 611 of this title.

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10 USC Sec. 5502 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

Sec. 5502. Marine Corps: grades above chief warrant officer, W-5

-STATUTE-

The commissioned grades in the Marine Corps above the grade of

chief warrant officer, W-5, are:

(1) General.

(2) Lieutenant general.

(3) Major general.

(4) Brigadier general.

(5) Colonel.

(6) Lieutenant colonel.

(7) Major.

(8) Captain.

(9) First lieutenant.

(10) Second lieutenant.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. 102-190, div. A,

title XI, Sec. 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506.)

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Historical and Revision Notes

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

Large)

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5502 34 U.S.C. 651. R.S. 1603.

34 U.S.C. 629. July 1, 1918, ch.

114, 40 Stat. 715

(1st par.).

34 U.S.C. 623b(a) Aug. 7, 1947, ch.

(as applicable to 512, Sec. 415(a)

grade of lieutenant (as applicable to

general). grade of lieutenant

general), 61 Stat.

876.

34 U.S.C. 622 (as Jan. 20, 1942, ch.

applicable to grade 10, Sec. 1, 56

of general). Stat. 10; Aug. 7,

1947, ch. 512, Sec.

429 (as applicable

to grade of

general), 61 Stat.

880.

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

R.S. 1603 provides that officers of the Marine Corps shall be on

the same footing as officers of similar grades in the Army.

Recognition is made of the grades existing in the Army for the

purpose of listing the grades authorized for the Marine Corps.

The provisions of the Act of July 1, 1918, ch. 114, 40 Stat. 715

(1st par.), pertaining to the appointment of a major general in

addition to the Major General Commandant and a temporary major

general were superseded by the Act of May 29, 1934, ch. 367, Sec.

2, 48 Stat. 812, which in turn was repealed by Sec. 436(e) of the

Officer Personnel Act of 1947, 61 Stat. 882.

AMENDMENTS

1991 - Pub. L. 102-190 substituted ''W-5'' for ''W-4'' in section

catchline and text.

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.

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10 USC Sec. 5503 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

Sec. 5503. Navy and Marine Corps: warrant officer grades

-STATUTE-

The warrant officer grades in the Navy and the Marine Corps are:

(1) Chief warrant officer, W-5.

(2) Chief warrant officer, W-4.

(3) Chief warrant officer, W-3.

(4) Chief warrant officer, W-2.

(5) Warrant officer, W-1.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 314; Pub. L. 102-190, div. A,

title XI, Sec. 1131(9), Dec. 5, 1991, 105 Stat. 1506.)

-MISC1-

Historical and Revision Notes

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

Large)

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5503 34 U.S.C. 135a(a) May 29, 1954, ch.

(less last 249, Sec. 3(a)

sentence). (less 3d and last

sentence), 68 Stat.

157.

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

This section is included in subtitle C for completeness and

clarity. In duplicates, in part, Sec. 555 and 597 of this title,

which cover, respectively, the ''permanent regular warrant officer

grades'' and the ''permanent reserve warrant officer grades'' in

the armed forces. The concept that regular grades differ from

reserve grades and that a grade held under a permanent appointment

differs from the grade of the same name held under a temporary

appointment is foreign to the naval service. In the Navy and the

Marine Corps, all officers serving, for example, in the grade of

chief warrant officer, W-4, are considered to be serving in the

same grade regardless of whether they are Regulars or Reserves and

regardless of whether they are temporary or permanent officers

holding temporary or permanent appointments in that grade. This

section, therefore, lists the four warrant officer grades as

applicable to all warrant officers of the naval service.

Reference to the pay grades corresponding to the military grades

is omitted as unnecessary for the purpose of this section.

AMENDMENTS

1991 - Pub. L. 102-190 added par. (1) and redesignated former

pars. (1) to (4) as (2) to (5), respectively.

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.

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10 USC Sec. 5504, 5505 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

(Sec. 5504, 5505. Repealed. Pub. L. 96-513, title III, Sec. 314,

Dec. 12, 1980, 94 Stat. 2892)

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Section 5504, acts Aug. 10, 1956, ch. 1041, 70A Stat. 314; Oct.

13, 1964, Pub. L. 88-647, title III, Sec. 301(13), 78 Stat. 1072;

Sept. 19, 1978, Pub. L. 95-377, Sec. 5, 92 Stat. 721, related to

maintenance of lineal lists of officers in line of Navy.

Section 5505, acts Aug. 10, 1956, ch. 1041, 70A Stat. 316; June

30, 1960, Pub. L. 86-559, Sec. 1(40), 74 Stat. 273; Sept. 7, 1962,

Pub. L. 87-649, Sec. 14c(25), 76 Stat. 501, related to changes of

position on lineal list of reserve officers of Naval Reserve and

Marine Corps Reserve.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, 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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10 USC Sec. 5506 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

(Sec. 5506. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1673(d)(1), Oct. 5, 1994, 108 Stat. 3016)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(114)(A), Sept. 2, 1958, 72

Stat. 1492, and amended Pub. L. 96-513, title V, Sec. 503(26), Dec.

12, 1980, 94 Stat. 2913, related to ranking of officers in active

status in Naval Reserve and Marine Corps Reserve.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

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10 USC Sec. 5507 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

(Sec. 5507. Repealed. Pub. L. 87-649, Sec. 14c(26), Sept. 7, 1962,

76 Stat. 501)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 316, related to

pay and allowances of rear admirals. See section 202 of Title 37,

Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF REPEAL

Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,

set out as a note preceding section 101 of Title 37, Pay and

Allowances of the Uniformed Services.

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10 USC Sec. 5508 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 535 - GRADE AND RANK OF OFFICERS

-HEAD-

Sec. 5508. Rank of line and staff corps officers of the Navy and

officers of the Marine Corps

-STATUTE-

Except for an officer entitled to a rank higher than his grade,

line and staff corps officers of the Navy serving in the same grade

and officers of the Marine Corps serving in the corresponding grade

rank among themselves according to their respective dates of rank

in grade whether or not they are on an active-duty list.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 317; Pub. L. 90-179, Sec. 4,

Dec. 8, 1967, 81 Stat. 547; Pub. L. 96-513, title V, Sec. 503(27),

Dec. 12, 1980, 94 Stat. 2913.)

-MISC1-

Historical and Revision Notes

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

Large)

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5508 34 U.S.C. Aug. 7, 1947, ch.

306f(d)(2). 512, Sec.

311(d)(2), 61 Stat.

852; Aug. 5, 1949,

ch. 402, Sec. 1(c),

63 Stat. 568.

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

The word ''rank'' is substituted for the words ''take

precedence'' throughout the section for uniformity of expression.

In subsection (a) the first sentence is broadened to include

officers of the Marine Corps and officers not on a lineal list.

Inclusion of the Marine Corps is possible because the sentence

reflects the rule referred to by the Attorney General (25 Op. Atty.

Gen. 517) as ''an unwritten law of the Army and Navy'' as to

relative rank between officers in different services. Officers not

on a lineal list may properly be included since the statement is

consistent with the provisions for assigning lineal position to

such officers when they become entitled to be placed on a list.

AMENDMENTS

1980 - Pub. L. 96-513 struck out designation ''(a)'' before

''Except for an officer'', substituted ''an active-duty list'' for

''a lineal list'', struck out sentence which had provided that a

staff corps officer with the same date of rank as his running mate

ranked above all line and staff corps officers junior to his

running mate, and struck out subsec. (b) which had provided for a

hierarchy of 9 categories of officers of the Navy to be used in

ranking officers of the Navy on active duty serving in the same

grade and having the same date of rank in that grade.

1967 - Subsec. (b). Pub. L. 90-179 added par. (6) and renumbered

former pars. (6), (7), and (8) as pars. (7), (8), and (9),

respectively.

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.

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