CHAPTER 43 —RANK AND COMMAND
Editorial Notes
Amendments
2021—
2016—
1991—
1987—
1980—
1968—
1958—
§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, Marine Corps, and Space Force | 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, Marine Corps, and Space Force 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, Marine Corps, and Space Force.
(d)(1) The date of rank of an officer of the Army, Navy, Air Force, Marine Corps, or Space Force 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, Marine Corps, or Space Force 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, Marine Corps, and Space Force.
(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, Marine Corps, and Space Force, the date of rank of a reserve commissioned officer (other than a warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force 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
(4)(A) The Secretary concerned may adjust the date of rank of an officer appointed under
(i) the processing or approval of the report of the selection board recommending the appointment of that officer to that grade; or
(ii) the processing or approval of the promotion list established on the basis of that report.
(B) The adjusted date of rank applicable to the grade of an officer under subparagraph (A) shall be consistent—
(i) with the officer's position on the promotion list for that grade and competitive category when additional officers in that grade and competitive category were needed; and
(ii) with compliance with the applicable authorized strengths for officers in that grade and competitive category.
(C) The adjusted date of rank applicable to the grade of an officer under subparagraph (A) shall be the effective date for—
(i) the officer's pay and allowances for that grade; and
(ii) the officer's position on the active-duty list.
(D) When under subparagraph (A) the Secretary concerned adjusts the date of rank of an officer in a grade to which the officer was appointed by and with the advice and consent of the Senate and the adjustment is to a date before the date of the advice and consent of the Senate to that appointment, the Secretary shall promptly transmit to the Committee on Armed Services of the Senate a notification of that adjustment. Any such notification shall include the name of the officer and a discussion of the reasons for the adjustment of date of rank.
(E) Any adjustment in date of rank under this paragraph shall be made under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, Marine Corps, and Space Force.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 741(a) | 10:517 (1st and 2d sentences, less applicability to rank within grade). 14:43. 34:651 (less applicability to establishment of commissioned grades, and less applicability to rank within grade). 34:241. |
Aug. 7, 1947, ch. 512, §§314(j), 516, R.S. 1603 (less applicability to establishment of commissioned grades). R.S. 1466. |
| 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.),
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
Editorial Notes
Amendments
2023—Subsec. (a).
2021—Subsec. (c).
Subsec. (d).
2001—Subsec. (d)(4).
1996—Subsec. (d)(3).
1994—Subsec. (d)(3).
1991—Subsec. (d)(3).
1985—Subsec. (a).
1984—Subsec. (a).
1982—Subsec. (c).
1981—
Subsec. (a).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(3).
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 2001 Amendment
"(1) Paragraph (4) of
"(2) The Secretary of the military department concerned may apply the applicable paragraph referred to in paragraph (1) in the case of an appointment of an officer to a higher grade resulting from a report of a selection board submitted to the Secretary before the date of the enactment of this Act if the Secretary determines that such appointment would have been made on an earlier date that is on or after October 1, 2001, and was delayed under the circumstances specified in paragraph (4) of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§742. Rank: warrant officers
(a) Among warrant officer grades, warrant officer grades of a higher numerical designation are senior to warrant officer grades of a lower numerical designation.
(b) Rank among warrant officers of the same grade, and date of rank of warrant officers, is determined in the same manner as prescribed in
(Added
Editorial Notes
Prior Provisions
A prior section 742, act Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Feb. 1, 1992, see section 1132 of
§743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps; Chief of Space Operations
The Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations rank among themselves according to dates of appointment to those offices, and rank above all other officers on the active-duty list of the Army, Navy, Air Force, Marine Corps, and Space Force, except the Chairman and the Vice Chairman of the Joint Chiefs of Staff.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 743 | 5:626c(b). | July 26, 1947, ch. 343, §208(b), |
5:626c(b) (1st sentence) is omitted as superseded by
Editorial Notes
Amendments
2021—
1987—
1986—
1980—
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Effective Date of 1980 Amendment
Amendment by
[§744. Repealed. Pub. L. 114–328, div. A, title V, §502(i)(1), Dec. 23, 2016, 130 Stat. 2103 ]
Section, act Aug. 10, 1956, ch. 1041,
[§745. Repealed. Pub. L. 102–190, div. A, title XI, §1114(b), Dec. 5, 1991, 105 Stat. 1502 ]
Section, act Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 1, 1992, see section 1132 of
§747. Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join
When different commands of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join or serve together, the officer highest in rank in the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard on duty there, who is otherwise eligible to command, commands all those forces unless otherwise directed by the President.
(Added
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§749. Command: commissioned officers in same grade or corresponding grades on duty at same place
(a) When the Army, Navy, Air Force, Marine Corps, Space Force, 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, Space Force, 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
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Executive Documents
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
§750. Command: retired officers
A retired officer has no right to command except when on active duty.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of