MCO P1400.31C - Headquarters Marine Corps

MARCORPROMMAN, VOL 1, OFFPROM 8005
Title 10, U.S. Code.
8004. STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE
MARINE CORPS
1. The officer appointed to this position holds a regular
appointment as a brigadier general.
2. This billet will be filled by a judge advocate who fulfills
the eligibility requirements of section 5046 of Title 10,
U.S. Code and is selected by a selection board convened in
accordance with, in so far as practicable, the procedures of
Chapter 36 of Title 10, U.S. Code.
8005. POSTHUMOUS COMMISSIONS AND WARRANTS
1. Chapter 77 of Title 10, U.S. Code establishes provisions to
issue posthumous commissions and warrants. The following
criteria apply:
a. Commissioned Officers. Commissioned officers may be
appointed, by the President, to the next higher grade if:
(1) The officer had been appointed to a commissioned
grade but was not able to accept the appointment due to death in
the line of duty.
(2) A candidate successfully completed the Officer
Candidate School and was recommended for appointment to a
commissioned grade but was not able to accept the appointment
due to death in the line of duty.
(3) The officer was officially recommended for
appointment or promotion to a commissioned grade and approved by
the Secretary of the Navy but was not able to accept the
appointment due to death in the line of duty.
b. Warrant Officers. Warrants may be issued, by the
Secretary of the Navy, if an officer was officially recommended
for appointment or promotion but was not able to accept the
appointment due to death in the line of duty.
2. The officer's name shall be carried on the records of the
Marine Corps as if the officer had served in the grade in which
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