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10 U.S.C. § 8046 — Staff Judge Advocate to the Commandant of the Marine Corps
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An officer of the Marine Corps who is a judge advocate and a member of the bar of a Federal court or the highest court of a State or territory and who has had at least eight years of experience in legal duties as a commissioned officer may be appointed by the President, by and with the advice and consent of the Senate, as Staff Judge Advocate to the Commandant of the Marine Corps.
**(b)**
(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Staff Judge Advocate to the Commandant of the Marine Corps, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
(2) If the Secretary of the Navy elects to convene a selection board under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) to consider eligible officers for selection to appointment as Staff Judge Advocate, the Secretary may, in connection with such consideration for selection—
(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and
(B) waive [section 619(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619/a/2&num=0&edition=prelim) if the Secretary determines that the needs of the Marine Corps require the waiver.
**(c)** The Staff Judge Advocate to the Commandant of the Marine Corps, under the direction of the Commandant of the Marine Corps and the Secretary of the Navy, shall—
(1) perform such dut
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Source file: Laws/federal/codes/united-states-code/title-10/section-8046-staff-judge-advocate-to-the-commandant-of-the-marine-corps--ce21fa4945.md
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Source location: Title 10, Chapter 806, § 8046; chapter-806-headquarters-marine-corps.md
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**(a)** An officer of the Marine Corps who is a judge advocate and a member of the bar of a Federal court or the highest court of a State or territory and who has had at least eight years of experience in legal duties as a commissioned officer may be appointed by the President, by and with the advice and consent of the Senate, as Staff Judge Advocate to the Commandant of the Marine Corps.
**(b)**
(1) Under regulations prescribed by the Secretary of Defense, the Secretary of the Navy, in selecting an officer for recommendation to the President for appointment as the Staff Judge Advocate to the Commandant of the Marine Corps, shall ensure that the officer selected is recommended by a board of officers that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.
(2) If the Secretary of the Navy elects to convene a selection board under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) to consider eligible officers for selection to appointment as Staff Judge Advocate, the Secretary may, in connection with such consideration for selection—
(A) treat any section in chapter 36 of this title referring to promotion to the next higher grade as if such section referred to promotion to a higher grade; and
(B) waive [section 619(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619/a/2&num=0&edition=prelim) if the Secretary determines that the needs of the Marine Corps require the waiver.
**(c)** The Staff Judge Advocate to the Commandant of the Marine Corps, under the direction of the Commandant of the Marine Corps and the Secretary of the Navy, shall—
(1) perform such duties relating to legal matters arising in the Marine Corps as may be assigned to the Staff Judge Advocate;
(2) perform the functions and duties, and exercise the powers, prescribed for the Staff Judge Advocate to the Commandant of the Marine Corps in chapter 47 (the Uniform Code of Military Justice) and chapter 53 of this title; and
(3) perform such other duties as may be assigned to the Staff Judge Advocate.
**(d)** No officer or employee of the Department of Defense may interfere with—
(1) the ability of the Staff Judge Advocate to the Commandant of the Marine Corps to give independent legal advice to the Commandant of the Marine Corps; or
(2) the ability of judge advocates of the Marine Corps assigned or attached to, or performing duty with, military units to give independent legal advice to commanders.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade in Which Served Satisfactorily.—**
(1) **In general.—** — Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
(2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral.
(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral.
(3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
(A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and
(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
(4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Page 3162
TITLE 10—ARMED FORCES
§ 8046
2016—Pub. L. 114–328 substituted ‘‘seven’’ for ‘‘six’’.
2002—Pub. L. 107–314 substituted ‘‘six’’ for ‘‘five’’.
2000—Pub. L. 106–398 amended section catchline and
text generally. Prior to amendment, text read as fol-
lows: ‘‘There are in the Headquarters, Marine Corps, a
Chief of Staff, not more than five Deputy Chiefs of
Staff, and not more than three Assistant Chiefs of
Staff, detailed by the Secretary of the Navy from offi-
cers on the active-duty list of the Marine Corps.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
§ 8046. Staff Judge Advocate to the Commandant
of the Marine Corps
(a) An officer of the Marine Corps who is a
judge advocate and a member of the bar of a
Federal court or the highest court of a State or
territory and who has had at least eight years of
experience in legal duties as a commissioned of-
ficer may be appointed by the President, by and
with the advice and consent of the Senate, as
Staff Judge Advocate to the Commandant of the
Marine Corps.
(b)(1) Under regulations prescribed by the Sec-
retary of Defense, the Secretary of the Navy, in
selecting an officer for recommendation to the
President for appointment as the Staff Judge
Advocate to the Commandant of the Marine
Corps, shall ensure that the officer selected is
recommended by a board of officers that, insofar
as practicable, is subject to the procedures ap-
plicable to selection boards convened under
chapter 36 of this title.
(2) If the Secretary of the Na
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8046
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