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10 U.S.C. § 749 — Command: commissioned officers in same grade or corresponding grades on duty at same place

submitted 58 years ago by Pub. L. 90-235 to r/title-10-ARMED-FORCES · 120 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the President assign command without regard to rank when eligible officers of the same or corresponding grade serve together. It applies within one service and across different services.

(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.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760; amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(v), Jan. 1, 2021, 134 Stat. 3821.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-235 · 81 Stat. 760
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3821

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-235 on 1968-01-02.

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