
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 506(a)]
[Document affected by Public Law 107-107 Section 506(c)]
[CITE: 10USC741]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                      CHAPTER 43--RANK AND COMMAND
 
Sec. 741. Rank: commissioned officers of the armed forces

    (a) Among the grades listed below, the grades of general and admiral 
are equivalent and are senior to other grades and the grades of second 
lieutenant and ensign are equivalent and are junior to other grades. 
Intermediate grades rank in the order listed as follows:


 Army, Air Force, and Marine
            Corps                         Navy and Coast Guard

General......................  Admiral.
Lieutenant general...........  Vice admiral.
Major general................  Rear admiral.
Brigadier general............  Rear admiral (lower half).
Colonel......................  Captain.
Lieutenant colonel...........  Commander.
Major........................  Lieutenant commander.
Captain......................  Lieutenant.
First lieutenant.............  Lieutenant (junior grade).
Second lieutenant............  Ensign.


    (b) Rank among officers of the same grade or of equivalent grades is 
determined by comparing dates of rank. An officer whose date of rank is 
earlier than the date of rank of another officer of the same or 
equivalent grade is senior to that officer.
    (c) Rank among officers of the Army, Navy, Air Force, and Marine 
Corps of the same grade or of equivalent grades who have the same date 
of rank is determined by regulations prescribed by the Secretary of 
Defense which shall apply uniformly among the Army, Navy, Air Force, and 
Marine Corps.
    (d)(1) The date of rank of an officer of the Army, Navy, Air Force, 
or Marine Corps who holds a grade as the result of an original 
appointment shall be determined by the Secretary of the military 
department concerned at the time of such appointment. The date of rank 
of an officer of the Army, Navy, Air Force, or Marine Corps who holds a 
grade as the result of an original appointment and who at the time of 
such appointment was awarded service credit for prior commissioned 
service or constructive credit for advanced education or training, or 
special experience shall be determined so as to reflect such prior 
commissioned service or constructive service. Determinations by the 
Secretary concerned under this paragraph shall be made under regulations 
prescribed by the Secretary of Defense which shall apply uniformly among 
the Army, Navy, Air Force, and Marine Corps.
    (2) Except as otherwise provided by law, the date of rank of an 
officer who holds a grade as the result of a promotion is the date of 
his appointment to that grade.
    (3) Under regulations prescribed by the Secretary of Defense, which 
shall apply uniformly among the Army, Navy, Air Force, and Marine Corps, 
the date of rank of a reserve commissioned officer (other than a warrant 
officer) of the Army, Navy, Air Force, or Marine Corps who is to be 
placed on the active-duty list and who has not been on continuous active 
duty since his original appointment as a reserve commissioned officer in 
a grade above chief warrant officer, W-5, or who is transferred from an 
inactive status to an active status and placed on the active-duty list 
or the reserve active-status list may, effective on the date on which he 
is placed on the active-duty list or reserve active-status list, be 
changed by the Secretary concerned to a later date to reflect such 
officer's qualifications and experience. The authority to change the 
date of rank of a reserve officer who is placed on the active-duty list 
to a later date does not apply in the case of an officer who (A) has 
served continuously in the Selected Reserve of the Ready Reserve since 
the officer's last promotion, or (B) is placed on the active-duty list 
while on a promotion list as described in section 14317(b) of this 
title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 33; Pub. L. 96-513, title I, 
Sec. 107, Dec. 12, 1980, 94 Stat. 2869; Pub. L. 97-22, Sec. 4(h), July 
10, 1981, 95 Stat. 127; Pub. L. 97-86, title IV, Sec. 405(b)(8), Dec. 1, 
1981, 95 Stat. 1106; Pub. L. 97-295, Sec. 1(11), Oct. 12, 1982, 96 Stat. 
1289; Pub. L. 98-557, Sec. 25(c), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 
99-145, title V, Sec. 514(b)(8), Nov. 8, 1985, 99 Stat. 629; Pub. L. 
102-190, div. A, title XI, Sec. 1131(1)(A), Dec. 5, 1991, 105 Stat. 
1505; Pub. L. 103-337, div. A, title XVI, Sec. 1626, Oct. 5, 1994, 108 
Stat. 2962; Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(3), Feb. 10, 
1996, 110 Stat. 495.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
741(a)................................  10:517 (1st and 2d sentences, less   Au
g. 7, 1947, ch. 512, Secs.
                                         applicability to rank within         3
14(j), 516, 61 Stat. 865, 908.
                                         grade).                             R.
S. 1603 (less applicability to
                                        14:43.                                e
stablishment of commissioned
                                        34:651 (less applicability to         g
rades).
                                         establishment of commissioned       R.
S. 1466.
                                         grades, and less applicability to   Au
g. 4, 1949, ch. 393, Sec.  1(43),
                                         rank within grade).                  6
3 Stat. 498.
                                        34:241.
                                        34:241a (1st and 2d sentences, less
                                         applicability to rank within
                                         grade).
741(b)................................  10:517 (1st and 2d sentences, as
                                         applicable to rank within grade).
                                        34:241a (1st and 2d sentences, as
                                         applicable to rank within grade).
                                        34:626-1(j).
                                        34:651 (less applicability to
                                         establishment of commissioned
                                         grades, and as applicable to rank
                                         within grade).
741(c)................................  10:517 (less 1st and 2d sentences).
                                        34:241a (less 1st and 2d
                                         sentences).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``Regular'', pertaining to major 
generals and brigadier generals, in 10:517 and 34:241a, is omitted, 
since the last sentence of 10:517 and 34:241a establish the rank of 
nonregular officers of the Army and the Air Force, with respect to 
officers of the Regular Army and the Regular Air Force. The effect of 
establishing their rank with respect to regular officers, when read in 
connection with the provisions prescribing the rank of officers of the 
regular components with officers of the other services, under 10:517 
(less last sentence), 34:241a (less last sentence), and 34:241, is 
therefore to establish the rank of nonregular officers with respect to 
officers of the other listed services. This allows a consolidation of 
10:517 (less last sentence, as applicable to rank), 34:241, and 34:241a 
(less last sentence, as applicable to rank), together with 34:651, into 
a table of rank among officers of the Army, Navy, Air Force, and Marine 
Corps. The words ``lineal rank only being considered'', in 34:241, are 
covered by setting forth the grades in tabular form. The words ``whether 
on the active or retired list'', in 34:241, are omitted, since retired 
officers of the Navy continue to be officers of the Navy. The words 
``Lieutenant (junior grade)'' are substituted for the word ``masters'', 
in R.S. 1466, to reflect the change made in the name of that grade by 
the Act of March 3, 1883, ch. 97 (2d par.), 22 Stat. 472.
    In subsections (a) and (b), the words ``entitled to pay'' and 
``entitled to the pay'', respectively, are inserted, since rear admiral 
is one grade with two ranks depending on the amount of pay to which the 
incumbent is entitled.
    In subsection (b), the words ``in such grades'', in 10:517 and 
34:241a, are omitted as surplusage.
    In subsection (c), the words ``A commissioned officer of the Army or 
the Air Force'' are substituted for the words ``All officers of the Army 
of the United States, including all components thereof'', since rank 
among officers of the Regular Army and Regular Air Force is determined 
under sections 3573, 3574, 8573, and 8574 of this title.


                               Amendments

    1996--Subsec. (d)(3). Pub. L. 104-106 made technical correction to 
directory language of Pub. L. 103-337, Sec. 1626(1). See 1994 Amendment 
note below.
    1994--Subsec. (d)(3). Pub. L. 103-337, Sec. 1626(3), inserted at end 
``The authority to change the date of rank of a reserve officer who is 
placed on the active-duty list to a later date does not apply in the 
case of an officer who (A) has served continuously in the Selected 
Reserve of the Ready Reserve since the officer's last promotion, or (B) 
is placed on the active-duty list while on a promotion list as described 
in section 14317(b) of this title.''
    Pub. L. 103-337, Sec. 1626(2), inserted ``or reserve active-status 
list'' after ``he is placed on the active-duty list''.
    Pub. L. 103-337, Sec. 1626(1), as amended by Pub. L. 104-106, 
inserted ``or who is transferred from an inactive status to an active 
status and placed on the active-duty list or the reserve active-status 
list may, effective on the date on which he is placed on the active-duty 
list'' after ``warrant officer, W-5,''.
    1991--Subsec. (d)(3). Pub. L. 102-190 substituted ``chief warrant 
officer, W-5,'' for ``warrant officer (W-4)''.
    1985--Subsec. (a). Pub. L. 99-145 substituted ``Rear admiral (lower 
half)'' for ``Commodore'' in table.
    1984--Subsec. (a). Pub. L. 98-557 struck out ``(Navy) and Rear 
admiral (upper half) (Coast Guard)'' after ``Rear admiral'' and ``(Navy) 
and Rear admiral (lower half) (Coast Guard)'' after ``Commodore'' in 
table.
    1982--Subsec. (c). Pub. L. 97-295 substituted ``the'' for ``the 
the'' after ``uniformly among''.
    1981--Pub. L. 97-22, Sec. 4(h)(4), substituted ``armed forces'' for 
``Army, Navy, Air Force, and Marine Corps'' in section catchline.
    Subsec. (a). Pub. L. 97-86 substituted ``Commodore'' for ``Commodore 
admiral'' in right column of table opposite Brigadier general.
    Pub. L. 97-22, Sec. 4(h)(1), inserted reference to the Coast Guard 
in column heading and inserted references to Rear admiral (upper half) 
(Coast Guard) and Rear admiral (lower half) (Coast Guard).
    Subsec. (c). Pub. L. 97-22, Sec. 4(h)(2), inserted ``of the Army, 
Navy, Air Force, and Marine Corps'' after ``Rank among officers''.
    Subsec. (d)(1). Pub. L. 97-22, Sec. 4(h)(3)(A), inserted ``of the 
Army, Navy, Air Force, or Marine Corps'' after ``officer'' in two 
places.
    Subsec. (d)(3). Pub. L. 97-22, Sec. 4(h)(3)(B), inserted ``of the 
Army, Navy, Air Force, or Marine Corps'' after ``(other than a warrant 
officer)''.
    1980--Pub. L. 96-513 completely revised section to restructure and 
redefine various ranks of commissioned officers of the Army, Air Force, 
Marine Corps, and Navy and relationships of officers in those ranks 
among themselves.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section 
1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under 
section 10001 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 624, 742, 12206, 14006, 
14308 of this title.
