Page:United States Statutes at Large Volume 70A.djvu/263

205 205 if he was promoted to that temporary grade from the temporary grade of brigadier general his date of rank is the date of rank he held m the temporary grade of brigadier general. (c) Notwithstanding subsections (a) and (b), the date of rank of such an officer may not be earlier than that of the junior general officer in the same regular grade who was appointed to that grade before him. (d) The names of general officers of the Eegular Army shall be carried on a seniority list in the order of seniority in both regular grade and date of rank as determined under subsection (a). §3574.

Rank: commissioned oflScers in regular grades below brigadier general (a) Among commissioned officers of the same grade in the Regular Army who are on the same promotion list, rank in regular grade is determined by the order in which their names appear on that list. (b) Among commissioned officers of the same grade in the Regular Army who are not on the same promotion list or not on a promotion list, rank in regular grade is determined— (1) by date of rank; (2) if the dates of rank are the same, by length of continuous active commissioned service in the Regular Army; (3) if the dates of rank and length of continuous active commissioned service in the Regular Army are the same, by rank established at the time of original appointment in the Regular Army; and (4) in other cases, by the Secretary of the Army. (c) Rank among the graduates of each class at the United States Military Academy who, upon graduation, are appointed in the Regular Army shall be fixed under regulations prescribed by the Secretary. §3575. Rank: warrant officers Warrant officers rank next below second lieutenants and rank among themselves within each warrant officer grade under regulations to be prescribed by the Secretary of the Army. §3576.

Command: when different commands of Army and Marine Corps join When different commands of the Army and the Marine Corps join or serve together, the officer highest in rank in the Army or the Marine Corps on duty there who is otherwise eligible to command commands all those forces, unless otherwise directed by the President.

§ 3578. Command: commissioned officers of Army in same grade on duty at same place When two or more commissioned officers of the same grade who are otherwise eligible to command are on duty in the same area, field, command, or organization, the President may assign the command without regard to rank in that grade.

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