10 U.S.C. § 8046
10 U.S.C. § 8046
EDITORIAL NOTES
AMENDMENTS2018- Pub. L. 115-232 renumbered section 5046 of this title as this section. 2017-Subsec. (b). Pub. L. 115-91 designated existing provisions as par. (1) and added par. (2). 2016-Subsec. (a). Pub. L. 114-328 struck out last sentence which read as follows: "If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a grade lower than the grade of major general immediately before the appointment, the officer shall be appointed in the grade of major general." 2013-Subsec. (a). Pub. L. 112-239, §531(a), substituted "appointed by the President, by and with the advice and consent of the Senate," for "detailed" and "If the officer to be appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a grade lower than the grade of major general immediately before the appointment, the officer shall be appointed in the grade of major general." for "The Staff Judge Advocate to the Commandant of the Marine Corps, while so serving, has the grade of major general."Subsecs. (c), (d). Pub. L. 112-239, §531(b), added subsec. (c) and redesignated former subsec. (c) as (d).2008-Subsec. (a). Pub. L. 110-417 substituted "The Staff Judge Advocate to the Commandant of the Marine Corps, while so serving, has the grade of major general." for "If an officer appointed as the Staff Judge Advocate to the Commandant of the Marine Corps holds a lower regular grade, the officer shall be appointed in the regular grade of brigadier general."2004-Subsec. (c). Pub. L. 108-375 added subsec. (c).1994-Subsec. (a). Pub. L. 103-337, §504(b)(4)(A), added second sentence and struck out former second sentence which read as follows: "While so serving, a judge advocate who holds a grade lower than brigadier general shall hold the grade of brigadier general if appointed to that grade by the President, by and with the advice and consent of the Senate."Subsec. (b). Pub. L. 103-337, §504(b)(4)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: "An officer retiring from the position of Staff Judge Advocate to the Commandant of the Marine Corps, after serving at least three years in that position, shall be retired in the highest grade in which that officer served on active duty satisfactorily, as determined by the Secretary of the Navy."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115-232, set out as a note preceding section 3001 of this title.
EFFECTIVE DATEPub. L. 99-661, div. A, title V, §509(b), Nov. 14, 1986, 100 Stat. 3868, provided that: "Section 5046 [now 8046] of title 10, United States Code, as added by subsection (a), shall apply only with respect to appointments as Staff Judge Advocate to the Commandant of the Marine Corps made on or after the date of the enactment of this Act [Nov. 14, 1986]."
TRANSITION PROVISION FOR RETIREMENT OF STAFF JUDGE ADVOCATESPub. L. 99-661, div. A, title V, §509(d), Nov. 14, 1986, 100 Stat. 3868, provided that: "Notwithstanding [former] section 1370(a)(2) of title 10, United States Code, an officer serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps, or an equivalent position, on the day before the date of the enactment of this Act [Nov. 14, 1986], if retired after having served in such position (or equivalent position) at least three years, including any service in such position (or its equivalent) before such date, shall be retired in the highest grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the Navy." [In determining retired grade of certain commissioned officers of the Armed Forces who retire after Jan. 1, 2021, any reference to section 1370 of title 10 in such determination with respect to such officers deemed to be a reference to section 1370a of title 10, see section 508(c) of Pub. L. 116-283, set out as a note under section 1370 of this title.]
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.