10 U.S.C. § 8112 — Marine Corps: grades above chief warrant

Page 3183 TITLE 10—ARMED FORCES § 8112 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 re- ceiving 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 state- ment 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 §§ 5133 and 5148 of this title, based on 5 U.S.C. 441, the reference to the Army rank is eliminated and the cor- responding 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, how- ever, completely cover the question of the rank, in re- lation 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 enti- tled to the pay of the upper half and with brigadier gen- erals if entitled to the pay of the lower half. Under 5 U.S.C. 441 bureau chiefs and the Judge Advocate Gen- eral 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 gen- erals. This fact, obscured by the substitution of Navy rank in the codification of 5 U.S.C. 441, is set out in subsection (c). Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5501 of this title as this section. 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 admi- ral (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 list- ing 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. 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. 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 com- modore admiral grade established in the Navy, see sec- tion 614 of Pub. L. 96–513, set out as a note under sec- tion 611 of this title. § 8112. Marine Corps: grades above chief warrant officer, W–5 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5502; Pub. L. 102–190, div. A, title XI, § 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; renumbered § 8112, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 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) (as ap- plicable to grade of lieutenant general). Aug. 7, 1947, ch. 512, § 415(a) (as applicable to grade of lieutenant general), 61 Stat. 876. 34 U.S.C. 622 (as applica- ble to grade of gen- eral). Jan. 20, 1942, ch. 10, § 1, 56 Stat. 10; Aug. 7, 1947, ch. 512, § 429 (as appli- cable to grade of gen- eral), 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 Com- mandant and a temporary major general were super- seded by the Act of May 29, 1934, ch. 367, § 2, 48 Stat. 812, which in turn was repealed by § 436(e) of the Officer Per- sonnel Act of 1947, 61 Stat. 882. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5502 of this title as this section. Page 3184 TITLE 10—ARMED FORCES § 8113 1991—Pub. L. 102–190 substituted ‘‘W–5’’ for ‘‘W–4’’ in section catchline and text. 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. 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. § 8113. Navy and Marine Corps: warrant officer grades 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 314, § 5503; Pub. L. 102–190, div. A, title XI, § 1131(9), Dec. 5, 1991, 105 Stat. 1506; renumbered § 8113, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5503 ......... 34 U.S.C. 135a(a) (less last sentence). May 29, 1954, ch. 249, § 3(a) (less 3d and last sentence), 68 Stat. 157. This section is included in subtitle C for complete- ness and clarity. In duplicates, in part, §§ 555 and 597 of this title, which cover, respectively, the ‘‘permanent regular warrant officer grades’’ and the ‘‘permanent re- serve 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 regard- less of whether they are Regulars or Reserves and re- gardless 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 offi- cers of the naval service. Reference to the pay grades corresponding to the military grades is omitted as unnecessary for the pur- pose of this section. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5503 of this title as this section. 1991—Pub. L. 102–190 added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively. 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. 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. § 8118. Rank of line and staff corps officers of the Navy and officers of the Marine Corps 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, § 5508; 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; renumbered § 8118, Pub. L. 115–232, div. A, title VIII, § 807(b)(2), Aug. 13, 2018, 132 Stat. 1834.) 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 in- clude officers of the Marine Corps and officers not on a lineal list. Inclusion of the Marine Corps is possible be- cause the sentence reflects the rule referred to by the Attorney General (25 Op. Atty. Gen. 517) as ‘‘an unwrit- ten law of the Army and Navy’’ as to relative rank be- tween officers in different services. Officers not on a lineal list may properly be included since the state- ment is consistent with the provisions for assigning lineal position to such officers when they become enti- tled to be placed on a list. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5508 of this title as this section. 1980—Pub. L. 96–513 struck out designation ‘‘(a)’’ be- fore ‘‘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 hier- archy 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 re- numbered former pars. (6), (7), and (8) as pars. (7), (8), and (9), respectively. 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.