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Title 10 — Armed Forces

Part II · Chapter 43 — Rank and Command

§ 749. Command: commissioned officers in same grade or corresponding grades on duty at same place

Statutory text

(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.

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. Pub. L. 90–235 § 5(a)(1)(A) · 81 Stat. 753

    Enacted · 10 U.S.C. § 749

    Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760

    Source evidence

    Code source credit
    Added Pub. L. 90–235, § 5(a)(1)(A), Jan. 2, 1968, 81 Stat. 760

    Enacted provision · exact public law section
    (A) by adding the following new sections at the end thereof: “§ 747. Command: when different commands of Army, Navy, Air Force, Marine Corps, and Coast Guard join “When different commands of the Army, Navy, Air Force, Marine Corps, and Coast Guard join or serve together, the officer highest in rank in the Army, Navy, Air Force, Marine Corps, or Coast Guard on duty there, who is otherwise eligible to command, commands all those forces unless otherwise directed by the President. “*      *      *      *      *      *      * “§ 749. Command: commissioned officers in same grade or corresponding grades on duty at same place “(a) When the Army, Navy, Air Force, Marine Corps, 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, 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.”; and

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

    Pub. L. 116–283 div. A title IX § 924(b)(2)(A)(v) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 749

    Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in subsecs. (a) and (b).

    Enacted provision · exact public law section
    (v) Section 749.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted “Marine Corps, Space Force,” for “Marine Corps,” in subsecs. (a) and (b).

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 sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Executive Documents

Delegation of Authority

For delegation of authority of President under this section, see section 1 of Ex. Ord. No. 12765, , 56 F.R. 27401, set out as a note under section 113 of this title.

Credits

1968–2021 · 2 acts
  1. 1968Added Pub. L. 90–235, § 5(a)(1)(A), , 81 Stat. 760
  2. 2021amended Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(v), , 134 Stat. 3821.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s749