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Page 489 TITLE 10—ARMED FORCES § 741 [§718. Repealed Page 489 TITLE 10—ARMED FORCES § 741 report to the Committees on the Armed Services of the [§ 722. Repealed. Pub. L. 114–328, div. A, title V, Senate and House of Representatives the details of the § 502(h)(1), Dec. 23, 2016, 130 Stat. 2103] proposed participation by members of the Armed Forces under his jurisdiction in international amateur Section, added Pub. L. 109–364, div. A, title V, sports competition. § 507(a)(1)(A), Oct. 17, 2006, 120 Stat. 2180, related to grade of Attending Physician to the Congress. EFFECTIVE DATE OF 2002 AMENDMENT CHAPTER 43—RANK AND COMMAND Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Sec. Homeland Security, see section 1704(g) of Pub. L. 741. Rank: commissioned officers of the armed 107–296, set out as a note under section 101 of this title. forces. 742. Rank: warrant officers. EFFECTIVE DATE OF 1980 AMENDMENT 743. Rank: Chief of Staff of the Army; Chief of Amendment by Pub. L. 96–513 effective Dec. 12, 1980, Naval Operations; Chief of Staff of the Air see section 701(b)(3) of Pub. L. 96–513, set out as a note Force; Commandant of the Marine Corps. under section 101 of this title. [744, 745. Repealed.] 747. Command: when different commands of [§ 718. Repealed. Pub. L. 99–433, title I, § 110(a)(1), Army, Navy, Air Force, Marine Corps, and Coast Guard join. Oct. 1, 1986, 100 Stat. 1001] 749. Command: commissioned officers in same Section, added Pub. L. 87–651, title II, § 205(a), Sept. 7, grade or corresponding grades on duty at 1962, 76 Stat. 519, provided that officers of the armed same place. forces could be detailed for duty as assistants or per- 750. Command: retired officers. sonal aides to the Secretary of Defense. AMENDMENTS § 719. Department of Commerce: assignment or 2016—Pub. L. 114–328, div. A, title V, § 502(i)(2), Dec. 23, detail of members of the armed forces to Na- 2016, 130 Stat. 2103, struck out item 744 ‘‘Physician to White House: assignment; grade’’. tional Oceanic and Atmospheric Administra- 1991—Pub. L. 102–190, div. A, title XI, § 1114(c), Dec. 5, tion 1991, 105 Stat. 1502, added item 742 and struck out item Upon the request of the Secretary of Com- 745 ‘‘Warrant officers: rank’’. 1987—Pub. L. 100–180, div. A, title XIII, § 1314(b)(5)(B), merce, the Secretary of a military department Dec. 4, 1987, 101 Stat. 1175, inserted ‘‘; Commandant of may assign or detail members of the armed the Marine Corps’’ after ‘‘Air Force’’ in item 743. forces under his jurisdiction for duty in the Na- 1980—Pub. L. 96–513, title V, § 501(10)(A), Dec. 12, 1980, tional Oceanic and Atmospheric Administration, 94 Stat. 2908, as amended Pub. L. 97–22, § 10(a)(1), July Department of Commerce, with reimbursement 10, 1981, 95 Stat. 136, substituted ‘‘armed forces’’ for from the Department of Commerce. Notwith- ‘‘Army, Navy, Air Force, and Marine Corps’’ in item standing any other provision of law, a member 741. Pub. L. 96–513, title V, § 501(10)(B), Dec. 12, 1980, 94 so assigned or detailed may exercise the func- Stat. 2908, added item 750. tions, and assume the title, of any position in 1968—Pub. L. 90–235, § 5(a)(1)(B), Jan. 2, 1968, 81 Stat. that Administration without affecting his status 761, added items 747 and 749. as a member of an armed force, but he is not en- 1958—Pub. L. 85–861, § 1(19), Sept. 2, 1958, 72 Stat. 1442, titled to the compensation fixed for that posi- struck out item 742 ‘‘Rank: officers of regular and re- tion. serve components’’. (Added Pub. L. 89–683, § 1(1), Oct. 15, 1966, 80 Stat. § 741. Rank: commissioned officers of the armed 960; amended Pub. L. 96–513, title I, § 511(23)(A), forces (B), Dec. 12, 1980, 94 Stat. 2921.) (a) Among the grades listed below, the grades AMENDMENTS of general and admiral are equivalent and are senior to other grades and the grades of second 1980—Pub. L. 96–513 substituted ‘‘of members of the armed forces to National Oceanic and Atmospheric’’ for lieutenant and ensign are equivalent and are ‘‘to Environmental Science Services’’ in section catch- junior to other grades. Intermediate grades rank line, and substituted ‘‘National Oceanic and Atmos- in the order listed as follows: pheric’’ for ‘‘Environmental Science Services’’ in text. Army, Air Force, and Navy and Coast Guard EFFECTIVE DATE OF 1980 AMENDMENT Marine Corps Amendment by Pub. L. 96–513 effective Dec. 12, 1980, General .................... Admiral. see section 701(b)(3) of Pub. L. 96–513, set out as a note Lieutenant general .. Vice admiral. under section 101 of this title. Major general .......... Rear admiral. Brigadier general ..... Rear admiral (lower half). [§ 720. Repealed. Pub. L. 114–328, div. A, title V, Colonel .................... Captain. § 502(g)(1), Dec. 23, 2016, 130 Stat. 2103] Lieutenant colonel .. Commander. Major ....................... Lieutenant commander. Section, added Pub. L. 96–513, title V, § 501(9)(A), Dec. Captain .................... Lieutenant. 12, 1980, 94 Stat. 2907, related to appointment of Chief of First lieutenant ....... Lieutenant (junior grade). Staff to President. Second lieutenant .... Ensign. [§ 721. Repealed. Pub. L. 111–84, div. A, title V, (b) Rank among officers of the same grade or § 502(i)(1), Oct. 28, 2009, 123 Stat. 2276] of equivalent grades is determined by comparing dates of rank. An officer whose date of rank is Section, added Pub. L. 105–85, div. A, title V, § 501(a), earlier than the date of rank of another officer Nov. 18, 1997, 111 Stat. 1723; amended Pub. L. 107–314, div. A, title X, § 1041(a)(4), Dec. 2, 2002, 116 Stat. 2645, re- of the same or equivalent grade is senior to that lated to limitation on appointments, assignments, de- officer. tails, and duties outside a general or flag officer’s own (c) Rank among officers of the Army, Navy, service. Air Force, and Marine Corps of the same grade § 741 TITLE 10—ARMED FORCES Page 490 or of equivalent grades who have the same date (B) The adjusted date of rank applicable to the of rank is determined by regulations prescribed grade of an officer under subparagraph (A) shall by the Secretary of Defense which shall apply be consistent— uniformly among the Army, Navy, Air Force, (i) with the officer’s position on the pro- and Marine Corps. motion list for that grade and competitive (d)(1) The date of rank of an officer of the category when additional officers in that Army, Navy, Air Force, or Marine Corps who grade and competitive category were needed; holds a grade as the result of an original ap- and pointment shall be determined by the Secretary (ii) with compliance with the applicable au- of the military department concerned at the thorized strengths for officers in that grade time of such appointment. The date of rank of and competitive category. an officer of the Army, Navy, Air Force, or Ma- rine Corps who holds a grade as the result of an (C) The adjusted date of rank applicable to the original appointment and who at the time of grade of an officer under subparagraph (A) shall such appointment was awarded service credit for be the effective date for— prior commissioned service or constructive cred- (i) the officer’s pay and allowances for that it for advanced education or training, or special grade; and experience shall be determined so as to reflect (ii) the officer’s position on the active-duty such prior commissioned service or constructive list. service. Determinations by the Secretary con- (D) When under subparagraph (A) the Sec- cerned under this paragraph shall be made under retary concerned adjusts the date of rank of an regulations prescribed by the Secretary of De- officer in a grade to which the officer was ap- fense which shall apply uniformly among the pointed by and with the advice and consent of Army, Navy, Air Force, and Marine Corps. the Senate and the adjustment is to a date be- (2) Except as otherwise provided by law, the fore the date of the advice and consent of the date of rank of an officer who holds a grade as Senate to that appointment, the Secretary shall the result of a promotion is the date of his ap- promptly transmit to the Committee on Armed pointment to that grade. Services of the Senate a notification of that ad- (3) Under regulations prescribed by the Sec- justment. Any such notification shall include retary of Defense, which shall apply uniformly the name of the officer and a discussion of the among the Army, Navy, Air Force, and Marine reasons for the adjustment of date of rank. Corps, the date of rank of a reserve commis- (E) Any adjustment in date of rank under this sioned officer (other than a warrant officer) of paragraph shall be made under regulations pre- the Army, Navy, Air Force, or Marine Corps who scribed by the Secretary of Defense, which shall is to be placed on the active-duty list and who apply uniformly among the Army, Navy, Air has not been on continuous active duty since his Force, and Marine Corps. original appointment as a reserve commissioned officer in a grade above chief warrant officer, (Aug. 10, 1956, ch. 1041, 70A Stat. 33; Pub. L. W–5, or who is transferred from an inactive 96–513, title I, § 107, Dec. 12, 1980, 94 Stat. 2869; status to an active status and placed on the ac- Pub.
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