Title 10Armed ForcesRelease 119-73

§8135 Regular Marine Corps: order of filling vacancies in grade of second lieutenant

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 815— - ORIGINAL APPOINTMENTS › § 8135

Last updated Apr 6, 2026|Official source

Summary

Must fill second lieutenant vacancies with Naval Academy graduates first, meritorious Regular Marine NCOs next, and other people last.

Full Legal Text

Title 10, §8135

Armed Forces — Source: USLM XML via OLRC

Vacancies on the active-duty list of the Marine Corps in the grade of second lieutenant shall be filled, so far as practicable, first, from members of the graduating class of the Naval Academy; second, from meritorious noncommissioned officers of the Regular Marine Corps; and third, from other persons.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 558534 U.S.C. 634.Mar. 3, 1899, ch. 413, § 19, 30 Stat. 1008; Mar. 3, 1903, ch. 1010, 32 Stat. 1198 (1st proviso in 5th par., 48th word to end of proviso). The words “from other persons” are substituted for the words “from civil life” because 34 U.S.C. 1020e authorizes the appointment of graduates of the NROTC program as well as of other persons in civil life. Such graduates are, properly, persons in “civil life”, since they are members of the Naval Reserve who are not on active duty. However, since the status of members of the NROTC is not always clear, the statement of the class is expanded.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 5585 of this title as this section. 1980—Pub. L. 96–513 substituted “active-duty list” for “active list”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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 Date

of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8135

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73