Public Law 119-73 (01/23/2026)

10 U.S.C. § 8135

Regular Marine Corps: order of filling vacancies in grade of second lieutenant

Vacancies on the active-duty list of the Marine Corps in the grade of second lieutenant shall be filled, so far as practicable, first, from members of the graduating class of the Naval Academy; second, from meritorious noncommissioned officers of the Regular Marine Corps; and third, from other persons.

Aug. 10, 1956, ch. 104170A Stat. 324Pub. L. 96–513, title V, § 503(29)94 Stat. 2913Pub. L. 115–232, div. A, title VIII, § 807(b)(4)132 Stat. 1834(, , § 5585; , , ; renumbered § 8135, , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

5585

34 U.S.C. 634.

Mar. 3, 1899, ch. 413, § 19, 30 Stat. 1008; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st proviso in 5th par., 48th word to end of proviso).

34 U.S.C. 1020eThe words “from other persons” are substituted for the words “from civil life” because authorizes the appointment of graduates of the NROTC program as well as of other persons in civil life. Such graduates are, properly, persons in “civil life”, since they are members of the Naval Reserve who are not on active duty. However, since the status of members of the NROTC is not always clear, the statement of the class is expanded.

Editorial Notes

Amendments

Pub. L. 115–232section 5585 of this title2018— renumbered as this section.

Pub. L. 96–5131980— substituted “active-duty list” for “active list”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1980 Amendment

Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .