
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5046]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                          PART I--ORGANIZATION
 
                 CHAPTER 506--HEADQUARTERS, MARINE CORPS
 
Sec. 5046. 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 officer may be detailed as Staff Judge Advocate 
to the Commandant of the Marine Corps. If an officer appointed as the 
Staff Judge Advocate to the Commandant of the Marine Corps holds a lower 
regular grade, the officer shall be appointed in the regular grade of 
brigadier general.
    (b) 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.

(Added Pub. L. 99-661, div. A, title V, Sec. 509(a)(1), Nov. 14, 1986, 
100 Stat. 3868; amended Pub. L. 103-337, div. A, title V, 
Sec. 504(b)(4), Oct. 5, 1994, 108 Stat. 2751.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337, Sec. 504(b)(4)(A), added second 
sentence and struck out former second sentence which read as follows: 
``While so serving, a judge advocate who holds a grade lower than 
brigadier general shall hold the grade of brigadier general if appointed 
to that grade by the President, by and with the advice and consent of 
the Senate.''
    Subsec. (b). Pub. L. 103-337, Sec. 504(b)(4)(B), added subsec. (b) 
and struck out former subsec. (b) which read as follows: ``An officer 
retiring from the position of Staff Judge Advocate to the Commandant of 
the Marine Corps, after serving at least three years in that position, 
shall be retired in the highest grade in which that officer served on 
active duty satisfactorily, as determined by the Secretary of the 
Navy.''


                             Effective Date

    Section 509(b) of Pub. L. 99-661 provided that: ``Section 5046 of 
title 10, United States Code, as added by subsection (a), shall apply 
only with respect to appointments as Staff Judge Advocate to the 
Commandant of the Marine Corps made on or after the date of the 
enactment of this Act [Nov. 14, 1986].''


      Transition Provision for Retirement of Staff Judge Advocates

    Section 509(d) of Pub. L. 99-661 provided that: ``Notwithstanding 
section 1370(a)(2) of title 10, United States Code, an officer serving 
in the position of Staff Judge Advocate to the Commandant of the Marine 
Corps, or an equivalent position, on the day before the date of the 
enactment of this Act [Nov. 14, 1986], if retired after having served in 
such position (or equivalent position) at least three years, including 
any service in such position (or its equivalent) before such date, shall 
be retired in the highest grade in which the officer served on active 
duty satisfactorily, as determined by the Secretary of the Navy.''
