10 USC 8043 - Commandant of the Marine Corps

1 See References in Text note below.

of this title) as a general officer.

Editorial Notes

References in Text

Section 664(f) of this title, referred to in subsec. (a)(2)(B), was redesignated as section 664(d) of this title by Puspan. L. 114–328, div. A, title V, § 510(g)(1), Dec. 23, 2016, 130 Stat. 2111.

Prior Provisions

Provisions similar to those in this section were contained in section 5201 of this title prior to enactment of Puspan. L. 99–433.

Amendments

2021—Subsec. (e)(5). Puspan. L. 116–283, § 1847(e)(6)(B), which directed substitution of “, 3103, and 4274” for “and 2547”, was repealed by Puspan. L. 117–81, § 1701(r)(1)(B).

Puspan. L. 116–283, § 1808(d)(3), as added by Puspan. L. 117–81, § 1701(r)(2), substituted “and 3104” for “and 2547”.

2018—Puspan. L. 115–232, § 807(a)(1), renumbered section 5043 of this title as this section.

Subsec. (d). Puspan. L. 115–232, § 809(a), substituted “section 8013(f)” for “section 5013(f)”.

2015—Subsec. (e)(5). Puspan. L. 114–92 substituted “sections 171 and 2547” for “section 171”.

2003—Subsec. (a)(1). Puspan. L. 108–136 substituted “from the general officers of the Marine Corps” for “from officers on the active-duty list of the Marine Corps not below the grade of colonel”.

1996—Subsec. (c). Puspan. L. 104–106 struck out subsec. (c) which read as follows: “An officer who is retired while serving as Commandant of the Marine Corps, or who, after serving at least two and one-half years as Commandant, is retired after completion of that service while serving in a lower grade than general, may, in the discretion of the President and by and with the advice and consent of the Senate, be retired with the grade of general.”

1991—Subsec. (c). Puspan. L. 102–190 inserted “and by and with the advice and consent of the Senate” after “President”.

1988—Subsec. (a)(2)(B). Puspan. L. 100–456 substituted “full tour of duty in a joint duty assignment (as defined in section 664(f) of this title)” for “joint duty assignment”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Waiver of Qualifications for Appointment as Service Chief

For provisions giving President temporary authority to waive requirements in subsec. (a)(2) of this section, see section 532(c) of Puspan. L. 99–433, title V, Oct. 1, 1986, 100 Stat. 1063, which was formerly set out as a note under section 3033 of this title.