Title 10 — Armed ForcesRelease 119-73

§777a Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 45— - THE UNIFORM › § 777a

Last updated Apr 6, 2026|Official source

Summary

Allows officers picked for three- or four-star ranks to wear the higher rank insignia up to 14 days before they start the job. If an officer below lieutenant general (or vice admiral in the Navy) is picked for lieutenant general or general (or the Navy equivalents), or a lieutenant general (or vice admiral) is picked for general (or admiral), they may be allowed to wear the higher badge early. Wearing the badge early is called "frocking." An officer can only be frocked if the Senate has approved the appointment, the officer has orders to a job outside their current military department that needs the higher rank, the Secretary of Defense (or a Senate‑confirmed civilian the Secretary delegates to) approves it, and the Secretary of Defense sends Congress written notice. Frocking does not give the higher pay or legal powers, and the time wearing the badge does not count for seniority or time in grade. The number of frocked officers counts against the limit in section 777(d).

Full Legal Text

Title 10, §777a

Armed Forces — Source: USLM XML via OLRC

(a)An officer serving in a grade below the grade of lieutenant general or, in the case of the Navy, vice admiral, who has been selected for appointment to the grade of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, and an officer serving in the grade of lieutenant general or vice admiral who has been selected for appointment to the grade of general or admiral, may be authorized, under regulations and policies of the Department of Defense and subject to subsection (b), to wear the insignia for that higher grade for a period of up to 14 days before assuming the duties of a position for which the higher grade is authorized. An officer who is so authorized to wear the insignia of a higher grade is said to be “frocked” to that grade.

(b)An officer may not be authorized to wear the insignia for a grade as described in subsection (a) unless—

(1)the Senate has given its advice and consent to the appointment of the officer to that grade;

(2)the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;

(3)the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and

(4)the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.

(c)(1)Authority provided to an officer as described in subsection (a) to wear the insignia of a higher grade may not be construed as conferring authority for that officer to—

(A)be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or

(B)assume any legal authority associated with that grade.

(2)The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:

(A)Seniority in that grade.

(B)Time of service in that grade.

(d)The total number of officers who are authorized to wear the insignia for a higher grade under this section shall count against the limitation in section 777(d) of this title on the total number of officers authorized to wear the insignia of a higher grade.

Reference

Citations & Metadata

Citation

10 U.S.C. § 777a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73