Title 10, Armed ForcesRelease 119-102
§8135 Regular Marine Corps: Order of Filling Vacancies in Grade of Second Lieutenant
Title 10 › Subtitle C — Navy and Marine Corps › PART II — PERSONNEL › CHAPTER 815 — ORIGINAL APPOINTMENTS › § 8135
Summary
Vacancies for active-duty Marine Corps second lieutenants must be filled, as much as possible, in this order: first from graduates of the Naval Academy's graduating class; second from high-performing noncommissioned officers in the Regular Marine Corps; and third from other eligible people.
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 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102