§ 741. Rank: commissioned officers of the armed forces

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 33 · 70A Stat. 33

   Enacted · 10 U.S.C. § 741

   Aug. 10, 1956, ch. 1041, 70A Stat. 33

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 33

2. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 107 · 94 Stat. 2835

   Changed · 10 U.S.C. § 741

   Pub. L. 96–513 completely revised section to restructure and redefine various ranks of commissioned officers of the Army, Air Force, Marine Corps, and Navy and relationships of officers in those ranks among themselves

   Source evidence

   Code amendment note
   Pub. L. 96–513 completely revised section to restructure and redefine various ranks of commissioned officers of the Army, Air Force, Marine Corps, and Navy and relationships of officers in those ranks among themselves.

   Enacted provision · exact public law section
   Sec. 107. rank of commissioned officers among themselves Section 741 is amended to read as follows: “§741. Rank: commissioned officers of the Army, Navy, Air Force, 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: Navy General Admiral. Lieutenant general Vice admiral. Major general Rear admiral. Brigadier general Commodore admiral. 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 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.”.

3. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(h)(4) · 95 Stat. 124

   Substituted · 10 U.S.C. § 741

   Pub. L. 97–22, § 4(h)(4), substituted “armed forces” for “Army, Navy, Air Force, and Marine Corps” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 97–22, § 4(h)(4), substituted “armed forces” for “Army, Navy, Air Force, and Marine Corps” in section catchline.

   Enacted provision · exact public law section
   (4) The heading of such section is amended to read as follows: “§741. Rank: commissioned officers of the armed forces”.

4. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(h)(1) · 95 Stat. 124

   1. Inserted · 10 U.S.C. § 741(a)

      Pub. L. 97–22, § 4(h)(1), inserted reference to the Coast Guard in column heading

   2. Inserted · 10 U.S.C. § 741(a)

      Pub. L. 97–22, § 4(h)(1), inserted references to Rear admiral (upper half) (Coast Guard) and Rear admiral (lower half) (Coast Guard)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–22, § 4(h)(1), inserted reference to the Coast Guard in column heading and inserted references to Rear admiral (upper half) (Coast Guard) and Rear admiral (lower half) (Coast Guard).

   Enacted provision · exact public law section
   (1) The table in subsection (a) of section 741 of such title (as amended by section 107 of the Act (94 Stat. 2869)) is amended to read as follows: ”Army, Air Force, and Marine Corps Navy and Coast Guard General Admiral. Lieutenant general Vice admiral. Major general Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard). Brigadier general Commodore admiral (Navy) and Rear admiral (lower half) (Coast Guard). Colonel Captain. Lieutenant colonel Commander. Major Lieutenant commander. Captain Lieutenant. First lieutenant Lieutenant (junior grade). Second lieutenant Ensign.”.

5. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(h)(2) · 95 Stat. 124

   Inserted · 10 U.S.C. § 741(c)

   Pub. L. 97–22, § 4(h)(2), inserted “of the Army, Navy, Air Force, and Marine Corps” after “Rank among officers”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–22, § 4(h)(2), inserted “of the Army, Navy, Air Force, and Marine Corps” after “Rank among officers”.

   Enacted provision · exact public law section
   (2) Subsection (c) of such section is amended by inserting “of the Army, Navy, Air Force, and Marine Corps” after “officers”.

6. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(h)(3)(A) · 95 Stat. 124

   Inserted · 10 U.S.C. § 741(d)(1)

   Pub. L. 97–22, § 4(h)(3)(A), inserted “of the Army, Navy, Air Force, or Marine Corps” after “officer” in two places

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–22, § 4(h)(3)(A), inserted “of the Army, Navy, Air Force, or Marine Corps” after “officer” in two places.

   Enacted provision · exact public law section
   (A) by inserting “of the Army, Navy, Air Force, or Marine Corps” in paragraph (1) after “officer” both places it appears; and

7. 1981

   Defense Officer Personnel Management Act Technical Corrections Act

   Pub. L. 97–22 § 4(h)(3)(B) · 95 Stat. 124

   Inserted · 10 U.S.C. § 741(d)(3)

   Pub. L. 97–22, § 4(h)(3)(B), inserted “of the Army, Navy, Air Force, or Marine Corps” after “(other than a warrant officer)”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 97–22, § 4(h)(3)(B), inserted “of the Army, Navy, Air Force, or Marine Corps” after “(other than a warrant officer)”.

   Enacted provision · exact public law section
   (B) by inserting “of the Army, Navy, Air Force, or Marine Corps” in paragraph (3) after “(other than a warrant officer)”.

8. 1981

   Department of Defense Authorization Act, 1982

   Pub. L. 97–86 title IV § 405(b)(8) · 95 Stat. 1099

   Substituted · 10 U.S.C. § 741(a)

   Pub. L. 97–86 substituted “Commodore” for “Commodore admiral” in right column of table opposite Brigadier general

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–86 substituted “Commodore” for “Commodore admiral” in right column of table opposite Brigadier general.

   Enacted provision · exact public law section
   (8) The table in section 741(a) of such title is amended by striking out “admiral” after “Commodore”.

9. 1982

   Pub. L. 97–295 § 1(11) · 96 Stat. 1287

   Substituted · 10 U.S.C. § 741(c)

   Pub. L. 97–295 substituted “the” for “the the” after “uniformly among”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–295 substituted “the” for “the the” after “uniformly among”.

   Enacted provision · exact public law section
   (11) Section 741(c) is amended by striking out “the the” and 10 USC 741. substituting “the”.

10. 1984

    Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 25(c) · 98 Stat. 2860

    Struck · 10 U.S.C. § 741(a)

    Pub. L. 98–557 struck out “(Navy) and Rear admiral (upper half) (Coast Guard)” after “Rear admiral” and “(Navy) and Rear admiral (lower half) (Coast Guard)” after “Commodore” in table

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–557 struck out “(Navy) and Rear admiral (upper half) (Coast Guard)” after “Rear admiral” and “(Navy) and Rear admiral (lower half) (Coast Guard)” after “Commodore” in table.

    Enacted provision · exact public law section
    (c) The matter in the table in section 741(a) of title 10, United States Code, under the heading “Navy and Coast Guard” is amended— (1) by striking “Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard)” and inserting in lieu thereof “Rear admiral”; and (2) by striking “Commodore (Navy) and Rear admiral (lower half) (Coast Guard)” and inserting in lieu thereof “Commodore”.

11. 1985

    Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title V § 514(b)(8) · 99 Stat. 583

    Substituted · 10 U.S.C. § 741(a)

    Pub. L. 99–145 substituted “Rear admiral (lower half)” for “Commodore” in table

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–145 substituted “Rear admiral (lower half)” for “Commodore” in table.

    Enacted provision · exact public law section
    (8) The table in section 741(a) of such title is amended by striking 98 Stat. 2873. 10 USC 741. out “Commodore” and inserting in lieu thereof “Rear admiral (lower half)”.

12. 1991

    Warrant Officer Management Act

    Pub. L. 102–190 div. A title XI § 1131(1)(A) · 105 Stat. 1290

    Substituted · 10 U.S.C. § 741(d)(3)

    Pub. L. 102–190 substituted “chief warrant officer, W–5,” for “warrant officer (W–4)”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 102–190 substituted “chief warrant officer, W–5,” for “warrant officer (W–4)”.

    Enacted provision · exact public law section
    (A) Sections 521(a) and 741(d)(3) are amended by striking out “warrant officer (W–4)” and inserting in lieu thereof “chief warrant officer, W–5,”.

13. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1626(3) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 741(d)(3)

    Pub. L. 103–337, § 1626(3), inserted at end “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 section 14317(b) of this title.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 103–337, § 1626(3), inserted at end “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 section 14317(b) of this title.”

    Enacted provision · exact public law section
    (3) by adding at the end: “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 m 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 section 14317(b) of this title.”.

14. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1626(2) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 741(d)(3)

    Pub. L. 103–337, § 1626(2), inserted “or reserve active-status list” after “he is placed on the active-duty list”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1626(2), inserted “or reserve active-status list” after “he is placed on the active-duty list”.

    Enacted provision · exact public law section
    (2) by inserting “or reserve active-status list” after “active-duty list” the second place it appears; and

15. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1626(1) · 108 Stat. 2663

    1. Amended · 10 U.S.C. § 741(d)(3)

       Pub. L. 103–337, § 1626(1), as amended by Pub. L. 104–106

    2. Inserted · 10 U.S.C. § 741(d)(3)

       Pub. L. 103–337, § 1626(1), as inserted “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” after “warrant officer, W–5,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1626(1), as amended by Pub. L. 104–106, inserted “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” after “warrant officer, W–5,”.

    Enacted provision · exact public law section
    (1) by inserting “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” after “warrant officer (W–5)”;

16. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1501(a)(3) · 110 Stat. 186

    Changed · 10 U.S.C. § 741(d)(3)

    Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1626(1). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 104–106 made technical correction to directory language of Pub. L. 103–337, § 1626(1). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (3) Section 1626(1) (108 Stat. 2962) is amended by 10 USC 741. striking out “(W–5)” in the 10 USC 741. second quoted matter therein and inserting in lieu thereof “, W–5,”.

17. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title V § 506(a) · 115 Stat. 1012

    Added · 10 U.S.C. § 741(d)(4)

    Pub. L. 107–107 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 107–107 added par. (4).

    Enacted provision · exact public law section
    (a) Active Duty Officers.— Subsection 741(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) (A) The Secretary concerned may adjust the date of rank of an officer appointed under section 624(a) of this title to a higher grade that is not a general officer or flag officer grade if the appointment of that officer to that grade is delayed from the date on which (as determined by the Secretary) it would otherwise have been made by reason of unusual circumstances (as determined by the Secretary) that cause an unintended delay in— “(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 Effective date. 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 Notification. 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 Regulations. Applicability. shall be made under regulations prescribed by the Secretary of Defense, which shall apply uniformly among the Army, Navy, Air Force, and Marine Corps.”.

    Effective date note
    Pub. L. 107–107, div. A, title V, § 506(c), Dec. 28, 2001, 115 Stat. 1090, provided that:

18. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 924(b)(1)(G) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 741(c)

    Pub. L. 116–283, § 924(b)(1)(G), substituted “Marine Corps, and Space Force” for “and Marine Corps” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 924(b)(1)(G), substituted “Marine Corps, and Space Force” for “and Marine Corps” in two places.

    Enacted provision · exact public law section
    (G) Subsections (c) and (d) of section 741.

19. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 924(b)(3)(M) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 741(d)

    Pub. L. 116–283, § 924(b)(3)(M), substituted “Marine Corps, or Space Force” for “or Marine Corps” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–283, § 924(b)(3)(M), substituted “Marine Corps, or Space Force” for “or Marine Corps” wherever appearing.

    Enacted provision · exact public law section
    (M) Section 741(d).

20. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 924(b)(1)(G) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 741(d)

    Pub. L. 116–283, § 924(b)(1)(G), substituted “Marine Corps, and Space Force” for “and Marine Corps” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 924(b)(1)(G), substituted “Marine Corps, and Space Force” for “and Marine Corps” wherever appearing.

    Enacted provision · exact public law section
    (G) Subsections (c) and (d) of section 741.

21. 2023

    Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1741(a)(2) · 137 Stat. 136

    Substituted · 10 U.S.C. § 741(a)

    Pub. L. 118–31 substituted “Marine Corps, and Space Force” for “and Marine Corps” in table

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–31 substituted “Marine Corps, and Space Force” for “and Marine Corps” in table.

    Enacted provision · exact public law section
    (2) Rank.— Section 741(a) is amended in the table by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”.

22 of 23 references resolved to an enrolled provision · 1 partial