Title 10, Armed ForcesRelease 119-102
§749 Command: Commissioned Officers in Same Grade or Corresponding Grades on Duty at Same Place
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 43 — RANK AND COMMAND › § 749
Summary
Allows the President to pick who will command when two or more commissioned officers of the same grade are in the same area. It applies whether they are from the same or different services (Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard) and lets the President ignore seniority.
Full Legal Text
Title 10, §749
Armed Forces, Source: USLM XML via OLRC
(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
Notes & Related Subsidiaries
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 section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, 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, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 749
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102