Title 10, Armed ForcesRelease 119-102

§8044 Assistant Commandant of the Marine Corps

Title 10 › Subtitle C — Navy and Marine Corps › PART I — ORGANIZATION › CHAPTER 806 — HEADQUARTERS, MARINE CORPS › § 8044

Last updated Aug 21, 2026|Official source

Summary

The President picks an Assistant Commandant of the Marine Corps from active-duty Marines, and the Senate must approve the choice. While serving, the Assistant Commandant holds the rank of general but keeps their permanent rank. The Commandant, with the Secretary of the Navy’s approval, can give the Assistant Commandant duties and authority. Orders the Assistant Commandant gives while doing those duties count the same as orders from the Commandant. If the Commandant’s job is vacant or the Commandant is absent or disabled, the Assistant Commandant does the Commandant’s duties until a successor is appointed or the absence ends. If there is no Assistant Commandant or they are absent or disabled, the most senior Marine officer at Marine Corps Headquarters who can serve will perform the Commandant’s duties unless the President says otherwise.

Full Legal Text

Title 10, §8044

Armed Forces, Source: USLM XML via OLRC

(a)There is an Assistant Commandant of the Marine Corps, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Marine Corps not restricted in the performance of duty.
(b)The Assistant Commandant of the Marine Corps, while so serving, has the grade of general without vacating his permanent grade.
(c)The Assistant Commandant has such authority and duties with respect to the Marine Corps as the Commandant, with the approval of the Secretary of the Navy, may delegate to or prescribe for him. Orders issued by the Assistant Commandant in performing such duties have the same effect as those issued by the Commandant.
(d)When there is a vacancy in the office of Commandant of the Marine Corps, or during the absence or disability of the Commandant—
(1)the Assistant Commandant of the Marine Corps shall perform the duties of the Commandant until a successor is appointed or the absence or disability ceases; or
(2)if there is a vacancy in the office of the Assistant Commandant of the Marine Corps or the Assistant Commandant is absent or disabled, unless the President directs otherwise, the most senior officer of the Marine Corps in the Headquarters, Marine Corps, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Commandant until a successor to the Commandant or the Assistant Commandant is appointed or until the absence or disability of the Commandant or Assistant Commandant ceases, whichever occurs first.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 5202 of this title prior to enactment of Pub. L. 99–433.

Amendments

2018—Pub. L. 115–232 renumbered section 5044 of this title as this section.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8044

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102