Page:United States Statutes at Large Volume 94 Part 3.djvu/225

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2869

RANK OF COMMISSIONED OFFICERS AMONG THEMSELVES

SEC. 107. Section 741 is amended to read as follows: "§741. Rank: commissioned officers of the Army, Navy, Air Force, 10 USC 741. and Marine Corps "(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: General Lieutenant general Major general Brigadier general Colonel Lieutenant colonel Major Captain First lieutenant Second lieutenant

Navy Admiral. Vice admiral. Rear admiral. Commodore admiral. Captain. Commander. Lieutenant commander. Lieutenant. Lieutenant (junior grade). 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 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 the Army, Navy, Air Force, and Marine Corps. "(d)(1) The date of rank of an officer 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 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) 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 warrant officer (W-4) may, effective on the date on which he is placed on the active-duty list, be changed by the Secretary concerned to a later date to reflect such officer's qualifications and experience.".

79-194

O—81 —pt. 3

15: QL3

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