10 U.S.C. § 750 — Command: retired officers

Page 688 TITLE 10—ARMED FORCES [§ 745 [§ 745. Repealed. Pub. L. 102–190, div. A, title XI, § 1114(b), Dec. 5, 1991, 105 Stat. 1502] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 34, re- lated to ranking of warrant officers. See section 742 of this title. Statutory Notes and Related Subsidiaries 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 Amend- ment note under section 521 of this title. § 747. Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join When different commands of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join or serve together, the officer highest in rank in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard on duty there, who is otherwise eligible to command, commands all those forces unless otherwise di- rected by the President. (Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(iv), (B), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 924(b)(2)(B), amended section catchline generally. Prior to amendment, section catchline read as follows: ‘‘Command: when different commands of Army, Navy, Air Force, Marine Corps, and Coast Guard join’’. Pub. L. 116–283, § 924(b)(2)(A)(iv), substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’ in two places. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 749. Command: commissioned officers in same grade or corresponding grades on duty at same place (a) When the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as the case may be, has on duty in the same area, field com- mand, or organization two or more commis- sioned officers of the same grade who are other- wise eligible to command, the President may as- sign the command without regard to rank in that grade. (b) When officers of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard are on duty in the same area, field, com- mand, or organization and two or more commis- sioned officers of different services, who are oth- erwise eligible to command, have the same grade or corresponding grades, the President may assign the command without regard to rank in that grade. (Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(v), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, Space Force,’’ for ‘‘Marine Corps,’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents 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. § 750. Command: retired officers A retired officer has no right to command ex- cept when on active duty. (Added Pub. L. 96–513, title I, § 108, Dec. 12, 1980, 94 Stat. 2870.) Statutory Notes and Related Subsidiaries 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 sec- tion 101 of this title. CHAPTER 45—THE UNIFORM Sec. 771. Unauthorized wearing prohibited. 771a. Disposition on discharge. 772. When wearing by persons not on active duty authorized. 773. When distinctive insignia required. 774. Religious apparel: wearing while in uniform. 775. Issue of uniform without charge. 776. Applicability of chapter. 777. Wearing of insignia of higher grade before promotion (frocking): authority; restric- tions. 777a. Wearing of insignia of higher grade before ap- pointment to a grade above major general or rear admiral (frocking): authority; re- strictions. Editorial Notes AMENDMENTS 2011—Pub. L. 111–383, div. A, title V, § 505(a)(2), Jan. 7, 2011, 124 Stat. 4210, added item 777a. 1996—Pub. L. 104–106, div. A, title V, § 503(a)(2), Feb. 10, 1996, 110 Stat. 294, added item 777. 1992—Pub. L. 102–484, div. A, title III, § 377(b), Oct. 23, 1992, 106 Stat. 2387, added item 775 and redesignated former item 775 as 776.