
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: 10USC749]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                      CHAPTER 43--RANK AND COMMAND
 
Sec. 749. Command: commissioned officers in same grade or 
        corresponding grades on duty at same place
        
    (a) When the Army, Navy, Air Force, Marine Corps, or Coast Guard, as 
the case may be, has on duty in the same area, field command, or 
organization two or more commissioned officers of the same grade who are 
otherwise eligible to command, the President may assign the command 
without regard to rank in that grade.
    (b) When officers of the Army, Navy, Air Force, Marine Corps, or 
Coast Guard are on duty in the same area, field, command, or 
organization and two or more commissioned officers of different 
services, who are otherwise 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, Sec. 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760.)

                         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.
