10-U.S.C.-5508

10-U.S.C.-5508

§5508 – Rank of Line and Staff Corps officers of The Navy and officers of The Marine Corps

Pathway

Title 10 > Subtitle C > Part II > Chapter 535 > Section 5508

Details

  • Reference: Section 5508
  • Legend: §5508 – Rank of Line and Staff Corps officers of The Navy and officers of The Marine Corps
  • USCode Year: 2013

Provision Content

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 317; Pub. L. 90–179, §4, Dec. 8, 1967, 81 Stat. 547; Pub. L. 96–513, title V, §503(27), Dec. 12, 1980, 94 Stat. 2913.)

Historical and Revision Notes
Revised section Source (U.S. Code) Source (Statutes at Large)
5508 34 U.S.C. 306f(d)(2). Aug. 7, 1947, ch. 512, §311(d)(2), 61 Stat. 852; Aug. 5, 1949, ch. 402, §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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-5415 in the Legal Encyclopedia: Navy

In this entry about 10-U.S.C.-5415, find legal reference material, bibliographies and premiere content related to navy in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy-specific issues, written by authorities in the field.

10-U.S.C.-5506 in the Legal Encyclopedia: Navy Personnel

In this entry about 10-U.S.C.-5506, find legal reference material, bibliographies and premiere content related to navy personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States navy personnel-specific issues, written by authorities in the field.

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