
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5508]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                 CHAPTER 535--GRADE AND RANK OF OFFICERS
 
Sec. 5508. 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; Pub. L. 90-179, Sec. 4, Dec. 8, 
1967, 81 Stat. 547; Pub. L. 96-513, title V, Sec. 503(27), Dec. 12, 
1980, 94 Stat. 2913.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
5508..................................  34 U.S.C. 306f(d)(2).                Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
11(d)(2), 61 Stat. 852; Aug. 5,
                                                                              1
949, ch. 402, Sec.  1(c), 63
                                                                              S
tat. 568.
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---------------------------------

    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.
