PRECEDENCE, AUTHORITY AND COMMAND

Chapter 10

PRECEDENCE, AUTHORITY AND COMMANDSection 1. Precedence

Section 2. Authority

Section 3. Detail to Duty

Section 4. Succession to Command

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78

I Chapter 10

PRECEDENCE, AUTHORITY AND COMMANDSection 1. Precedence

Contents

Artick A*

O!llcemofLheNcwd Sewice . . . . . 100 I Recedenceon Caurt.s.ndi3.aards . . . . . . . . . . . . . . . . . 100SRemdenceofOfficers . . . . . . . . . . . . . . . . . . . . . . . . . 1002Relative fink and Precedenceof

Precedencei. f%cessionstiro . . . 100’7TiIJaof ORicem Holding Ac@ Appaimunentn . 100S

OfiicemofDifferecit Services . . . 1003 TilJesand Authority of Cermi. ORicms . . . . . . . . . . . . 1009Premdmm of m Ofiicer in Gmmmnd . . . . . . . . . . . 1004 MmnerofAddressing Officcrs . . . . . . . . . . . . 1010Reccdc.ceofdm Executive OtTicer . . . . . . . . 1005

1001. Officers of the Naval Service.

1. Officers of the United States nava I serviceshall bs known as otlicers in the line, ofiicers inthe staff corps, chief warrant of!lcers andwarrant oftlcers.

2. Otllcers in the line of the Navy include thefollowing officers in the grade of ensign andabove:

a. line officers not restricted in the per-formance of duty;

b. limited duty ofilcers designated for duty inline technical fields; and

c. line ofiicers restricted in the performanceof duty designated for engineering duty,aeronautical engineering duty, and types ofspecial duty which include cryptology,intelligence, public affairs, and oceanography.

3. Officers in the staff cm-ps of the Navy include:

a. 05kers in the Msdical, Supply, Chaplain,Civil Engineer, Judge Advocate General’s,Dental, Msdicsl Service and Nurse Carps, notrestricted in the performance of duty withintheir respective COTPXand

b, officers in staff corps designated for limitsdduty within their respective corps.

4. In the Navy there are chief warrant officersand warrant officers. Chief warrant cdilcers andwarrant ofilcers whose technical specialty iswithin the cognimnce of a staff corps are classed

as iD the staff corps. All other chief warrantofficers and warrant ofiicers are classed as in the

line.

5. Officers of the Msrine Corps of and above thegrade of second Iieutsnant are offmsrs in the lineand include:

a. oficem not restricted in the performance ofdutfi and

b. ofilcers designated for limited duty inappropriate technical fields.

6. Chief warrant officers and warrant ofllcers ofthe Marine Corps am classed as in the line.

7. The tsrm ‘line officer of the naval service”includes line otlicers of both the Navy and theMarine Corps.

8. Within the Manual for Courts-Martia),United States, 1984, and the Manual of theJudge Advocate General, the term ‘officer”includes a chief warrant officer, but does notinclude a warrant officer, unless the contextindicates otherwise.

9. Certsin officers are MAectsd and designa,tsdmaterial specialists. They continue to serve asofikm-s in the line or in the staff corps fromwhich selected, with duties appropriate to that

line or sMfcorps, including material acquisitionand support duties appropriate to theirexperience, training and education.

79

PRECEDENCE, AUTHORITY AND COMMAND .

1002. Precedence of Officers.

1. Thedate ofrznkof anofflcer istbat stated inhis or her co remission, or, when no commissionfor the current grade has been issued to theotlicer, the date established by the Secretary ofthe Navy.

2. Allofflcers of thesame grade take precedencewith each other according to their respectivedates of rank. However, in the case of ofilcerswith the same &w of rank, or of officers whohave gained or lost numbers, their precedenceshall bs as indicated in the appropriate active-duty list, retired list, or Reserve Officerprecedence limm.aintained in accordance withlaw or regulation

3. Chief warrant oft3cers of the Navy or MarineCarps, in the same grade, take precedence witheach other acmniing ta the dates of rank statedin their com missions. When the commissions oftwo or more of t.hsm are of the same date, theytake precedence mmrding to the order in whichtheir names are shown in the appropriate lineallkcs

4. Wsrrant offkers of the Navy or Marine Corpstake precedence with each other according to thedstes of rank stated in their warrsnts. When thewarrants of two or more of them are the samedate, they take precedence according to the orderin which their names are shown in theappropriate lined lists.

5. The details of computing precedence ofoficers of the reserve components sbal! be asprescribed by separats regulation.

1003. Relative Rank and Precedence ofOfficers of Different Services.

1. Relative rank of grades of officers in theArmy, Navy, ?&rine Corps, Air Force and CoastGuard, whether on the active or retired lists, andof the National Oceanic and AtmosphericAdministration snd Public Health %rvice whenserving with the military, is indicated in Table1.

2. The precedents of offkers of the same relativegrade shall be in accordance with theirrespective dates of rank, the senior in date ofrank taking precedence over the junior.

3. When officers in the Army, Navy, MarineCorps, Air Force, Coast Guard, and PublicHealth Service, having the same or relative

grade and the same date of rank, are servingtogether, they shall have precedence accordingto the time each has service on active duty as acommissioned oflicer of the United States.

4. When serving with the Army, Navy, MarineCorps or Air Force, commissioned officers of theNational Oceanic and Atmospheric Adminis-tration shall rank with and after officers ofcorresponding grade i“ the Army, Navy, MarineCorps, or Air Force of the same length of servicein grade.

5. A Public Health Service officer in uniformmay use, for the purpose of identilcation andaddress, the military or nsval rank cor-responding to the grade marking worn. Ano~lcer of the Public Health Service detailed forduty with the Navy, Marine Corps, Army, AirForce, Coast Guard or National Oceanic andAtmospheric Administration may use in officialcorrespondence the military or naval rankcorresponding to the grade marking worn.

1004. Precedence of an Officer inCommsnd.

An o~lcer, either of the line or of a staff corps,detailed tn command by competent authority orwho has succeeded to command, has precedenceover all ofllcers or other persons att.achsd to thecommand of whatever rank and whether theyare of the line or of a staff corps.

1005. Precedence of the Executive Ofl%er.

The executive ofilcer, while in the execution ofduties as such, shall take precedence over allpersons under the command of the commandingofticer.

1006. Precedence on Courts and Boards.

Tbe precedence established by these regulationsshall be observed on all courts and boards.

1007. Precedence in Processions Ashore.

1. Offmers in processions on shore shall beplaced in formation according to their grade butnot necessarily according to their order ofprecedence in grade. All processions on shorewhere officers appear in an official capacity, andwhere formation is necesssry, shall be regardedas military formations. The command thereofshall devolve upon the senior line oK1cer in theformation, except where the commander or

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PRECEDENCE. AUTHORITY AND COMMAND

commanding officer of the unit in formation is amembar of a stafY corps, the senior oficer in theformation who is a member of that staff corpsshall be in command thereof.

2. When serving on shore with a mixeddetachment composed of sailors and marines,the marinea shall always bs placed on the rightin battalion or other infantry formation onoccasions of ceremony.

1008. Title of Officers Holding ActingAppointments.

An officer holding an acting appointment shallhave the title of his or her acting grade and,when such appointment is revoked, shall resumethe title of his or her actual grade.

1009. Titles and Authority of CertainOfficers.

1. The Commander, Naval Supply SystemsCommand, the Commander Naval FacilitiesEngineering Command, and the Chief of theDental Division shall have, while so serving, thes.dcfitiond titles of Chief of Supply Corps, Chiefof Civil Engineers, and Chief of Dentsl Corps,respectively.

2. The Surgeon General, the Chief of SupplyCorps, the Chief of Chaplains, the Chief of Civil

Engineers, the Judge Advocate General, theChief of the Dental Corps, the Chief of theMedical Service Corps and the Director of theNurse Corps, shall be the principsl advisors andsponsors on matters concerned with officers intheir respective corps and enlisted personnelwith ratings associated with the corps. Also, asheads of corps, they shall be spokesmenregarding professional matters with the militaryand civilian communities.

1010. Manner of Addressing Officers.

1. Except as provided in paragraph 2, everyoflicer in the naval service shall ba designatedand addressed in official communications by thetitle of his or her grade, preceding the name.

2. In oral official communications, an oflicer willbe addressed by the his or her grade, except thatoflicers of the Medical Corps and the DentalCorps may bs addressed as “Doctor” and officersof the Chaplain Corps may be addressed as‘Chaplsin.” When addressing an officer whossgrade includes a moditier, the mdtler may bsdropped.

3. [n written communications, the name of thecorps to which any staff corps oflicer belongsshall ha indicated immediately aftsr the officer’sname.

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I 82

Chapter 10

PRECEDENCE, AUTHORITY AND COMMANDSection 2. Authority

Exercise of AuIhotily . . . . . . . . . . . . . . . . . . . . . . . . .Authority Ovw SubordinaLss . . . . . . . . . . . . . . . . . .DdegMi.noiAudIotiLY . . . . . . . . . . . . . . . . . . . . . .Abuse of Amhorily . . . . . . . . . . . . . . . . . . . . . . . . . .Comrndiam-j and Cmflict& Orders .Auborityofan Off~rk&m-nd .A.tbmity dm OtKcer Who

Suaeedsm Command . . . . . . . . . . . . . . . . . . . . . .Authon”tyofa Vice C-mmIsrukr or Oepaty .Authority of the Cummander or

C4mmmding ~lcer of a Sase orSwiOnOverVisiI.imgCamm.m& . . . .

Amtmrity of the CcmmndingOOicerof. Hnspital Ship . . . . . . . . . . . . . . . . . . .

Autbmity aim Offw.zrof theMarine Corps Over NavP.1Forces . . . . . . . . . . .

Authority of OII&ra Embarked usPassm&rs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contents

Arciclc

102010211022102310241025

10261027

1028

1030

1031

Authority tnPkeSetfWIOuty . . . . . . . . . . . . . . . . . . .AULtmriQinalfoat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authority and Reqmsihility of.

senior Offcer UnderCer&in Circumaances . . . . . . . . . . . . . . . . . . . . . . . .

Authority and Status of Pemms in tieC&.st Gumd. National Oemnic andAummpberic Adminiswati.m andPublic Health Sewim . . . . . . . . . . . . . . . . . . . . . . . . .

Authority of Offkem WithActing Appointmerwj . . . . . . . . . . . . . . . . . . . . . . . . .

Authority of Warrant OK,cers.NomCkmm@&ned05iLwamdPeuyotlicem . . . . . . . . . . . . . . . . . . . . .

AulAorityofSemries . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A.ahmity ofJuniom m Issue

Orders mseniors . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

At-tick

10221033

1034

1035

1036

10371038

1029

1020. Exercise of Authority.

1. All persons in the naval service on active

service, and those on the retired list with psy,and transferred members of the Fleet Rsserveand the Fleet Marine Corps Rsserve, are at al Itimes subject to naval authority. While onactive service they may, if not on leave ofabsence except as noted below, on the sick list,taken into custody, under arrest, suspendedfrom duty, in confinement or otherwiseincapable of discharging their duties, exerciseauthority over all persons who are subordinateb them.

2. A person in the naval service, although onleave, may exercise authority:

a, When in a naval ship or aircraft and placedon duty by the commanding officer or aircraftcommander.

b, When in a ship or aircraft of the armedservices of the United States, other than a navalship or aircraft, as the commanding officer of

naval personnel embarked, or when placed onduty by such officer.

c. When senior ofllcer at the scsne of a riot orother emergency, or when placed on duty bysuch oflke r.

1021. Authority Over Subordinates.

All of3cers of the naval service, of whateverdesignation or corps, shall have all the nscsssaryauthority for the performance of their duties andshall be obeyed by all persons, of whateverdesignation or corps, who are, in accordancewith these regulations and orders fromcompetent authority, subordinate ta them.

1022. Delegation of Authority.

The delegation of authority and the issuance oforders and instructions by a psrsam in the mavalservice shall not relieve such person from anyresponsibility imposed upun him or her. He orshe shal I ensure that the delegated authority is

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PRECEDENCE, AUTHORITY AND COMMAND

properly exercised and that his or her orders andinstructions are properly executed.

1023. Abuse of Authority.

Persons in authority are forbidden to injuretheir subordinates by tyrannical or capriciousconduct, or by abusive language.

1024. Contradictory and ConflictingOrders.

1. An officer who diverts another from anysert,ice upon which he or she has been ordered bya common superior, or who requires a person WIact contrary to the orders of such superior, orinterferes with Lhose under such superior’scommmd, must immediately report this actionto the officer whose orders have beencontravened, and show that the public interestrequired such action. All orders under suchcircumstances shall be given in writing whenpossible.

2. If an off&er receives an order which annuls,suspends or modifies one received from anothersuperior, or one contrary to instructions ororders from the Secretary of the Navy, he or sheshall exhibit the original order, unless underinstructions not m do so, and represent tbe factsin writing to the superior from whom the lastorder was received. If, after such representation,the officer from whom the last order wasreceived should insist upan the execution of thatorder, it shall be obeyed. The officer receivingand executing such order shall report thecircumstances to the superior from whom theoriginal order was received.

3. If an enlisted person in the naval servicereceives an order which annuls, suspends orrhodiiles one received from another superior, heor she shall immediately represent the facts tnthe superior from whom the last order wasreceived. If, after such representation, tbesuperior from whom the last order was receivedshould insisL upon execution of that order, itshall be obeyed. The person receiving andexecuting such order shall report the

I circumstances as soon as practicable to thesuperior from whom the original order wasreceived.

1025. Authority of an Officer in Command.

An off]cer, either of the line or of a staff corps,detailed to command by competent authori Ly,has authority over all officers or other personsatbched to the command, whatever their rank,and whether they are of the line or of a staffcorps.

1026. Authority of an Officer WboSucceeds to Command.

1. An officer who succeeds to command due toincapacity, death, departure on leave,detachment without relief or absence due toorders from competent authority of the otlicerdetailed to command, has the same authorityand responsibility as the ofllcer whom he or shesucceeds.

2. An officer who succeeds tn command duringthe temporary absence of the commandingoflicer shall make no changes in the existingorganization, and shall endeavor to have theroutine and other affairs of the command carriedon in the usual manner.

3. When an otlicer temporarily succeeding tocommand si~s official correspondence, the word“Acting” shall appear below his or ber signature.

1027. Authority of a Vice Commander orDeputy.

A vice commander or deputy shall exercisecommand or control only over activities andmatters specified in his or her orders, or asdirected by KISor her superior.

102S. Authority of tbe Commander orCommanding Officer of a Base orStation Over Vialing Commands.

While at a naval base or naval station and notunder the command of the naval basecommander or naval station commandingoff]cer, the offxcer in command or in charge of aship, craft, unit of aircraft or troops shallconform to the orders of the naval basecommander or naval Wmion commandktg officerrelated ta common or specific services which heor she may provide. Such common or specificservices may include field operations, security,tire protection, safety, defense, sanitation,recreation and welfare.

64


1029. Authority of the CommandingOfficer of a Hospitsl Ship.

1. The naval hospital in a hospital shipembraces all persons attached to the hospitaleither for duty or for treatment, all activitieswithin the ship which are devoted to the care ortreatment of the sick or injured, and all parts ofthe ship which are used for the care andtreatment of the sick or injured, as livingquarters by persons attached to the hospital,orfor the stowage of the supplies and equipmentbelonging to the hospital.

2. The commanding officer of the naval hospitalis under the command of the commanding officerof the hospibl ship. The commanding oftlcer ofthe ship shall normally limit the exercise ofcommand over the naval hospital to suchmilitary matters as discipline, security,intelligence, communications, fire protection,watertight integrity, stability, preservation andmaintenance, and overall cleanliness, withregard for the responsibility of the commandingofficer of the hospital for the asnihry conditionsof the naval hospital. Except as above stated,the commanding otXcer of the hospital ship shal 1not exercise control, within the hospital, over itsadministration or organization, including theexpenditure or accountability of funds allottedthe hospital, the assignment of personnel andwork, and the establishment of technicalmethods and procedures, unless such control hasbeen specifically delegated to him or her bycompetent authority. Nothing in this articleshall be construed to prevent the appropriateassignment of a proportionate share of work of ageneral nature to personnel attached to thenaval hospital,

1030. Authority of an Officer of the MarineCorps Over Naval Forces.

Officers of the Marine Corps may not commandships or Navy shore facilities. This article shallnot be construed to prevent an officer of tbeMarine Corps, when so detailed by Lhe Secretaryof the Navy or a commander in chief, fromhaving and exercising such authority as may beneceswry to direct the operations of all forcesassigned ta him or her.

1031. Authority of Officers Embarked asPassengers.

1. The commanding ofiker of a ship or aircraft,not a flagship, with a flag officer eligible forcommand at sea embarked as a passenger, shallbe subject to the orders of such flag officer.Other ofiicers embarked as passengers, senior totbe commanding ofilcer, shall have no authorityover the commanding off]cer.

2. Officers embarked as passengers who arejunior tn the commanding oi%cer, or ofticer incharge of the military detachment of a ship ofthe hlilit.ary Sealift Command, if not on the stdfof an officer also embarked, may bs assigned tmduty when the exigencies of the service render itnecessary. Tbe commanding oftlcer or ofIicer incharge of the military detachment shall be thejudge of such necessity. Passengers thusassigned shall have the same authority asthough regularly attached @ the ship.

1032. Authority to Place Self on Duty.

Nod!lcer may place him- or her self on duty byvirtue of bis or her commission or warrant alone.

1033. Authority in a Boat

Except when embarked in a boat authorized by r..the Chief of Naval Operations b have an officer= “’ ‘,’’=-”<or petty ofiicer in charge, the senior line officer I~ : ~ 1 =T(including commissioned warrant and warrantofficer) eligible Ior command at sea hasauthority over all persons embarked therein,and is responsible for tbe safety andmanagement of the boat.

1034. Authority and Responsibility of aSenior Officer Under CertainCircumstances.

1. In the event of a riot or quarrel betweenpersons in the naval service or in othercircumstances not provided for in theseregulations in which persons in the navalservice are involved a“d the exercise of nava Iauthority is necessary, the senior off[cer in tbenaval service at the scene shall assumecommand and take the action necessary, unti Irelieved of this responsibility by competentauthority. All persons in tbe naval service inthe vicinity shal I render prompt assistance andobedience to the ofiicer thus engaged in therestoration of order.

S5


2. Should there be no commissioned ofllcer orwarrant otlker at the scene, the senior petty05cer or nonmmmissionsd ofilcer present shallassume cOmnmnd-

3. The person who assumed mmmsmd under thecircumstances described in this Article shallhave theautboritytn apprehend any person inthe naval service.

1033. Authority snd Status of Persons inthe Caast Guard, National Oceanicand Atmospheric Administrationand Public Heaftb Ssrvice.

Whenever. by order of the President. uersonnel.of the Coast Guard snd the .National Oceanicsnd Atmospheric Administration, and offmers ofthe Public Health Service, are ssrving ss part ofthe naval service, they shall be subject to thelaws, regulations and orders which pertain tothe Navy insofar as maybe necessary forcommand discipline and effective navaladministration. Otherwise, they shall continueto be subject ta laws, regulations and orders oftheir respective ssrvices. They shall have thesame authority and control over otlicers andenlisted persons of the other s4rvices as that t.awhich their grade, rank or rats entitles them intheir respective ssrvices.

103S. Authority of Officers WItb ActingAppointments.

An oficer duly appointed ta act in any gradeshall, while serving under such an appointment,have the ssme authority as if he or sbe held acomtilon in the acting grade.

1037. Authority of Warrant Officers, Non-Commissioned Officers and PettyOfficers.

Chief warrant officers, warrant officers, m“.commissioned ot%cers and petty officers sha))have, under their superiors, sII necessaryauthority for the proper performance of theirduties, and they shall be obeyed accordingly.

1038. Authority of a Sentry.

A sentry, within tbe limits ststed in hLs or herorders, has authority over all persons on his orher post.

1039. Authority of Juniors to Issue Ordersto Seniors.

No member of the armed forces is authorized, byvirtue of his or her rank alone, to give any orderor grant any privilege, permission or liberty toany of%cer senior t.ahim or her. A member is notrequired to receive such order, privilege,permission or liberty from a junior, unless suchjunior is at the time:

a. in commmd of the ship or other commandta which the senior is atwchd,

b. in command or direction of the militaryexpedition or duty on which such senior isserving

c. an executive cdlicer executing an order ofthe commanding ofiicer

d. a sentinel or member of the armed forcespolice issuing an order in connection with suchduties or

e. a military judge issuing an order inconnection with court-martial proceedings.

86

Chapter 10

PRECEDENCE, AUTHORITY AND COMMANDSection 3. Detail to Duty

Contents

AA+ A rlide

Basis f.r Delail.q . . . . . . . . . . . . . . . . . . . . . . . . . . 1050 Cammmdof.S@CarpsActivity . . . . . 1059Clumeesin Detaiisto O.ly . . . . . . . . . . . . . . . . . . . . 105 I Multi.serviceCnmmmds . . . . . . . . . . . . . . . . . . . . . . . . . . 10s0Ordm-ntnActiveService . . . 1052C.-mmmdOinTaskForce . . . . . . . . . . . . . . . . . . . 1053C-ammandofa Nwnl Base . . . . . . . . . . . . . . . . . . . . 1054&m-ndofa Na.nl Shipyard . . . . . . . . . . . . . . . . . I055Camzmnd .afnShip . . . . . . . . 1056C.munandofmAir AcLivity . . . . . . . . . . . . . . . . . . . 1057(kmmmndofe ..subnmrine . . . . . . . . . . . . . . . . . . . . . 1058

Octail.fExecutive Officer . . . . . . . . . . . . . . . . . . . . . . . . 1061Oetail of Heads of Oepmtmmts and

Otieromcem................................ 1062Oemil of%sms Performing

Medical .arf&l,gmus6crvices . . . . . . . . . . . . . . . . . . 1063Detail af Euliswd Perwmsfor

Certain Outies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10S4

1050. Basis for Details.

Appointments, details, tr$msfers and assign-ments shall be made on the basis of officialrecords.

1051. Changes in Details@ Duty.

No officer, except the senior offker present, shallchange the detail of a person assigned by asuperior to a specific duty without thepermission of that superior. Tbe senior officerpresent shall not change the delail of any personwithout good and sufficient reason and shallreport all changes and the reasons for them @the superior without delay.

1052. Orders to Active Service.

1. No person who is on leave of absence or not onactive service shal I be ordered into active serviceor on duty without permission of theCommandant of the Marine Corps, or the Chiefof Naval Personnel, as appropriate, except:

a. In the case of a psrson on leave of absence,by the officer who granted the leave or asuperior.

b, By the senior oi%cer present on a foreign.5Lation.

2. In the event that the senior offker present ona foreign station issues any orders ascontemplated by this article, he or she shallreport the facts, including tbe reasons forissuing such orders, tn the Commandant of theMarine Gmps, or the Chief of Naval Personnel,as appropriate, without delay.

3. Retired ot%ers of the Navy and Marine Carpsmay be ordered to active service, with their oconsent, in time of peace. In time of war or anational emergency, such retired oficem may, . ‘~at the discretion of the secretary of the Navy, bS ~ .ordersd ta active service.

10S3. Command of a Task Force.

1. A commander in chief, and any other navalcommander, may detail in command of a taskforce, or other task command, any eligible officerwithin his or her command whom he or shedesires. All other ofiicers ordered to the taskforce or the task command shafl be consideredsubordinate to the designated mmrnander.

2. All orders issued under the authority of thisarticle shall continue in effect after the death ordisability of the olTcer issuing them until theyare revoked by his or her successor in commandor higher authority.

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PRECEDENCE. AUTHORITY AND COMMAND

3. Thepowers delegated toacommander by thisarticle are not conferred on any other oficerby

virtue of the fact that he or she is the seniorofficer present.

1054. Command of a Naval Base.

The ofiicer detailed ta command a naval baseshall be an oflicer of the line in the Navy,eligible for command at sea.

1055. Command of a Naval Shipyard.

The officer detailed to command a navalshipyard shall be trained in the technicalaspects of building and repair of ships and shallhave had substantial previous experience in thetechnical and management phases of such work.Such officer may have been designated forengineering duty.

1056. Command of a Ship.

1. The officer detailed to command a com-missioned ship shall be an oflicer of the line inthe Navy eligible for command at sea.

2. The officer detailad to commmd an aircratlcarrier, an aircraft tender, or a ship with a pri-mary task of operating or supporting aircraftshall be an oftlcer of the line in the h’avy,eligible for command at sea, designated as anaval aviator or naval flight oflicer.

+ 1057. Command of an Air Activity.QL

\!

~ 1. he officer detaild to command a naval~~ @, avi ion school, a nava “r station, or a naval

~~~’’~~@$m~ “$ativeP.W==s llbesnoflicerofthe

organized fo flight tactical or

hne ] he Navy, designa as a naval aviatoror nav flight oKlcer, eligi e for command atsea.

2. The o

ii

er detailed tn com nd a naval airactivity of hnical nature on ore may be anofficer of th line in the Navy n eligible forcommand at ea but designate as a navalaviator or nav flight ofilcer or de ated foraeronautical en eering duty.

/!3. The officer det “led @ command a arineCorps aviation sc 001, a Marine Co s airactivity on shore or Marine Corps ai unitorganized for flight tac ‘cal purposes shall anofficer of the Marine rps, designated anaval aviator or naval flig ofticer.

4, An o~]cer oft Navy shall not normally bedetailed to comma an aviation unit of theMarine Corps nor sb

\\

an oflicer of the Marineorps normally be d iled to command an

a “ntion unit of the Nav Aircraft units of theM “ne Corps may, how r, be assigned toship or to naval air activ ‘es in the samemann as aircraft units o e Navy and,convers , aircraft units of the vy may be 50

assigned Marine Corps air activi A groupcomposed aircraft units of the vy andaircraft uni of the Marine Corps ay becommanded ei r by an offker of the N oran OKlcer of the rine Corps.

1058. Command ofa Submarine.

The ofllcer detailed ta command a submarineshall be an officer of the line in the Navy,eligible for command at sea and qualified forcommand of submarines.

1059. Command of a Staff Corps Activity.

Officers in a staff corps shall be detailed tocommand only such activities as are appropriateLOtheir corps.

1060. Muldaervice Commands.

1. When different commands of the Army, Navy,Air Force, Msrine Corps and Coast Guard join orserve togeth&, the o~cer highest in rank in anyof the armed services on duty there, who isotherwise eligible ta command, commands allthose forces unless otherwise directed by thePresident.

2. An officer of the naval service in command ofa unilied, specf]ed, joint or combined commandis not authorized tn exercise operational controlover United States naval forces not speciticsilyassigned ta that command for operations, nor ishe or she authorized to exercise authority assenior officer present or senior officer presentafloat over such United States naval forces.

1061. Detail of Executive Officer.

1. The officer detsiled as executive o~lcer shallbean ofilcer eligible b succeed to commsnd who,when practicable, is next in rank to thecommanding officer.

2. When no officer has been detailed asexecutive officer by the Commandant of thehlarine Corps or the Chief of Naval Personnel,

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Subject: U.s ~W =GULATIONS, 1990 INT331M CIIII?JGE//

mCIM //N05800//

A.mAv 039/95

MSGID/GENADMIN/NO 9SL/ /

SUBJ/U S NAVY SSTJLATIONS , 1990 2Ni”EZtM G.4NGX/ /

wF/A/Doc/sEmzF/16LnR93//

REF/B/DOC/SECNAV/16 SEP90//

RSF/C/DOC/U .S. CODE/26 FEB70//

NAR2/R5F A IS SE~EF LTR OF 16 APR 93, ROL=S , MISSIONS, AN= FUNCTIONS

OF TI ~ FORC=S OF THS 0N2T=D STATES. REF ~ IS U.S. i-JNY

FSGULATIONS , 1990. RS!S C IS 10 U. S.C. SECTION 5942.//

=/1. IN L=F A, SSCOEF DIRFXTED SECAIF, ASSIST= BY SEGJAV, TO

CONSOLIDATE 2NIT7A FI~-W2NG AIRCPJL~ ZlA2N2N G ?OR ALL S3RV2CSS

IN IMP~ING TZIIS DIR3CT~ 2N PRIMARY TFLA2NING , A2R FOFCE AND

NAVY SEW INSTRUCTOR ‘dCHANGES IN ~Y =94 AND FOLLOH WITH

STUDENT EXCEiANGES 2N LATS FY94

2. FDRTHSR SLANS CALL FOR ’23E P?.OTOWE MULTI - SE311 CE ~ING

PAGE 02 RDENWliQ 836 UNCLX

SQUADRONS , 35 ~S REESE hF , T== ~ VT 3, = WAITING F=LO,

FLORIDA , TO l??= ALTERNATING USAF AND USN/USMC O?TICSRS ASSIGNED AS

CO~~G OFFICERS 0? TZS SQUADRONS

3. THERE IS NO STATUTORY LIMITATION TIZAT WOULD ?3SCLOD= NAVY

TRAINING SQOAD?.ONS FROM 3EING COMMANDED 3Y AIR F07!CZ OR MAFJNS COZDS

OFFICEXS ; IiOWELE2 , A CFUWGE TO ARTICLS 1057 OF ?.S? B IS ~CSSSARY IX

02D5P. TO PROCEED WITX. IM?L~ iATION OF ~ COK%X.ND P:HASE 0? SE~EF , S

CONSOLIDATION DIRECTIIPI

4. ARTICLE 1057 OF R3F S IS ~-a TO .- AS FOLLOWS :

2.057. CO!@lAND OF AN A2R ACTIVIH :

1. TEE OFFICER DETA2L~ TO COMMAND A NAVAL AVIATION SC<OOL , .=.

NAVAL A2R STATION, OR A NAVAL AIR oNIT ORGANIZSD FOR FLIGSI TACTICAL

PURPOSES SHALL BE AN OFFICER OF TICZ LINE IN TH2 NAVY, DESIGNATED A5 A

NAVAL AV2ATOR OR NAVAL FLIGST OFFICER, ELI GISLE FOR COf@lANO AT SEX.

2. FOR T3E PURPOSES OF TITLE 10, U. S.C. , SE~ION 5942, A NAVAL

AIR TRAINING SQUADRON IS NOT CONS IDER=D TO BE A NAVAL AVIATION SGiCOL

OR A NAVAL AIF. UNIT ORGANIZED FOR FLIGhi ZA~ICAL PURPOSES THE

OFFICER DETAILEE TO COMFUWC A NAVAL AIR =NING SQUADRON O?. AM A2?.

UNIT O?LGANI ZED FOR Pi3NINISTRAT2VE PDRPOSSS S~ SS A LINE OFFICER

07 THE NAVAL SZRVICS, DES IGNATED AS A NAVAL AVIATOR OR NAVAL FLIGET

2-AGE 03 RUEli-036 ~CL2.S

OFFICSR , ELIG13LE FOR COMMAND. IF A NAVAL AIFt T?d2NING SQUADRON 9=

3EEN DESIGNATED A MULTI - SSRVICS TRAINING SOUADRON , ‘E= OFFICER

DETAILED TO CO~ THAT SQUAORON NAY S2 A LI.NE 0F?IC3R FROM AIJY

A-TWEC SERVICE D5S IGNATED A5 .= Equivalent OF A NAVAL AVIATOR OR

NAVAL FLIG-~ OFFICER ANC OTHERWISZ ELIG13k- TO COFWAN’D AN AVIATION

SQUAD20N OR UNIT ~3p. T1-:qT OFFICER, S PE3TI.NSNT S22V2CS RSG-ULATiONS

3. TIJZ 07?ICSR L3ETAIL?D TO COMMAND A NAVAL AIR ACT2VITY OF A

TSC-XICAL NA~RE ON SHORE MAY BS M? 0SS1= OF T_-= LINE IN T!= N2NY

NOT ELIGIBLZ FOR. COWWAND AT SZA , BUT D2SZGNATZD .=S A NAViJL AVIATO?. O?.

A NAVAL FI,IGhI OFFZ CS? OR DESIGNATED :02 =~ONA~ICX ENGIX=ER2NG

DUTY

. .

4. THE OFFICER DETAILSD TO CCMMAND A i%U!INZ CORPS AVIATION

sCXOOL, A MA--INS CoRPS ~R ACT~im ON SHO= OR A MARINE COLDS AI?.

DN2T ORGIXIZEO FOR FLIGET TACTICAL PU’RPOSZS SHALL BE AN OFFIG 0?

TSE NA!!INE COWS, DZSIGNATZD P-S A NAVAL AVIATOR OR NAVAL FLIGi7T

OFFICER

5. oTRZR ‘TH2Ji AN AIR TRAINING SQUAORON, AN OFFICER OF TEE ~.-”-<

S13.PLL NOT NORMALLY BE DET2J= TO COMMAND AN AVIATION ONIT OF TEi

MiLQINE CORPS NOR SI-?? AN OFFICER OF ‘T= MARINE CORPS NOR’-lALLY BS

DETAILSD TO CObMAND AN AVIATION ONIT O? TICE NAVY. AIRcP-2sI UNITS OF

PAGE 04 RUENAAA2836 ONCLAS

THE MLWXE CORPS t4AY, HOW=VER, SE ASSIGN=D TO SHIPS OR TO NAVAL xx

ACTMTIES IN THS SAhCS !lANNER AS AIRCRAFT OliITSOF THE NAVY AND,

CONVERSELY, A231~ UNITS OF THE NAVY !=iY BE SO AsSIGN= TO MARIE

CORPS AIR ACTMTIES A G20UP COMPOS= OF AIRCRAFT UNITS OF T&E NAVY

AND A2RCPXiT UN2TS OF lXS MARINS CORPS MAY BE COMMANOEO EITii=i= BY X-4

OFFICER OF = NAVY OR AN OFFICSR OF THE MARINE CORPS

S NOTES REGARDING TRS A30VE CiANGZS . NAvREGS 1057.1 HAS B.=

c?iANGEll TO BE cONSISTENT WITR THE RELEVANT STATOTE, REF C (1. S.,

DELETING UNITS 0RGANIZS22 FOR “ADMINISTRATIVE “ PURPOSES F20M NAVP.=GS

1057.1 COVSRAGE) ARTICLE 1057.2 IS =IRSLY NSW AND, CONSIS2E!iT

WIT33 REF C , DOES NOT REQOIF.E ‘TIE COMMANDER OF A TWiINING SQ~RON TO

BE A NAVAL AVIATOR OR NAV~ FLIGliT OFFICER. IT PSRMITS OTn=

SERVICE OFFICERS TO SERVE AS COM24ANDING OFFICSRS OF DESIGNA~

MOLTI - SERVICE N7UTAL A2R TRAINING SQO?3XONS NAVREGS 1057.3 AND

1057.4

FUiVE NOT BEEN cSANGEO BUT HAVE BEEN RENUMBERED. NAVREGS 3.057.5 XI?IS

2TIS WORDS “OTHER TRAN AN AIR TRAINING SQG%DRON” AT TRS BEGINNING m

CONFIRM THE ACCEPTX@ILITY OF Ti?S P=CKfCS OF ASSIGNING ?-lA??lI= CO==S

OFFICERS TO CO!JMAND OF NAVAL AV2ATION ‘TFUCUJING SQOADRONS

6. IN LIEO OF ENTS21NG TEIS INTSRIM C=LWGE IN =F B , MA-KS BOLD

PAGE 05 ROENAAA2 S36 0NCLA5

LEE NOTATION AT BEGINNING OF ART 1057, C-SEE AJ.NAV X.195” AND .?ii.E

3%1S ALNAV WITH REF B

7. THIs INTERIM CH?GZ WILL BE INCOP.P02JLTED INTO TEE = P~I~

REEISION OF RSF B.//

B. RSLEASSD BY ‘T= FZONOR.=LZ JOI-IN ii. DALTON.

FIT

$2836

NNNN

I

I ,.


as appropriate, or when the officer so detailed isabsent or incapable of pm-forming the duties ofthe offtce, the commanding ofilcer shall detailthe senior line officer within the command andeligible to succeed to command as executiveofficer except that, if the commanding ofilcer is amember of a staff corps, he or she may detail asexecutive o~lcer the next senior oftlcer in theappropriate staff corps.

1062. Detail of Heads of Departments andOther Officers.

When no officer has been detailed by theCommandant of the Marine Corps or the Chief ofNaval Personnel, as appropriate, as head of adepartment or other subdivision of thecommand, or to specific duty within thedepartment or subdivision, or when the ofticer sodehiled is absent or incapable of performing theduties so assigned, the commanding officer maydetail a suitable officer to perform such duty.

1083. Detail of Persons PerformingMedical or Religious Services.

While assigned ta a combat area during a psriod

of armed conflict, members of Medical, Dental,

Chaplain, Medical Service, Nurse or HospitalCarps and Dental Technicians shall be detailed

or permitted to psrform only such duties as are

related to medical, dental or religious serviceand the administration of medical, dental orreligious units and establishments. Thisrestriction is necessary to protect the non-combatant status of these personnel under theGeneva Canventians of August 12,1949.

1064. Detail of Enlisted Persons forcertain Duties.

1. Petty offlcem and noncommissioned ofiicersshall not bs detsiled to perform mess duties,except when nonrated personnel are notavailable.

2. Marines shall not be detailed 1Apsrform theduties of master-at-arms, yeoman or hospitalcorpsman, except in case of emergency, whichshall be determined by the commanding officer.When nscessary b make such an assignment, itshall continue only until a suitable psrson canbs selected for the required duty.

3. Under such regulations as the Sscretary ofthe Navy prescribes, enlisted members of thenaval service and enlistsd members of the CoastGuard when it is operating as a service in tbeNavy may be assigned to duty in a service

capacity in ofllcers’ messes and public quarterswhere the Sscretary finds that this use of themembers is desirsble for military reasons.

I

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I

90

Chapter 10

PRECEDENCE, AUTHORITY AND COMMANDSection 4. Succession to Command

Sank and Grade of.. Offker WboSucceeds wCommand . . . . . . . . . . . . . . . . . . . . . .

Successim Pw.$critmdby aCammmderinChief . . . . . . . . . . . . . . . . . . . . .

succession ofa Oep.ty orVicec.1.nmmder . . . . . . . . . . . . . . . . . . . . . . . . . . .

s ucceasionof a Chief .af.%ff andOther .%ffOHicrm . . . . . . . . . . . . . . . . . . . . . . . . .

Suces&m 10Cammand of a Fleet,%bdi.iskm of a FleeL Fleet hfarim Forcem%bdivisi.. of. Fleet Marine Form . . . . . . . . .

s —“m w ilmmmnd ofa NavalSymemstimmmd . . . . . . . . . . . . . . . . . . . . . . . .

Sua&nto C-ammmdofaNavalSase . . . . . . . .succeasi.n u Command of a Nav. I

‘SJmreActivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . .s~ntc. cammmld Ofasbip . . . . . . . . . . . .

“In fhmmmdofanAircmftUnil

Contents

ArtiA

1070

107 I

IM2

1073

1074

10751076

Ion10781079

saccession raCammand ofa Subnmrim . . . . . . . . . . . .Suacsaioninauttk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..%messim ta Cammand by

Ofiicers intbe SwJTC.mps . . . . . . . . . . . . . . . . . . . . . .~ to Cammand by

ffirn fhignnwd for EngineeringDutyorspecialn”ty . . . . . . . . . . . . . . . . . . . . . . . . .

Suussion b Command hy tineOfficem Designated fOrLimiti D.ty . . . . . . . . . . .

s uccE$&m coCommad by ChiefWmrmn Oaicemd Wmrmlt Oficcm . . . . . . . .

s uccasion ta Canunmd byOfficersafthe MmineCoqts . . . . . . . . . . . . . . . . . . . .

%ccesian coCanmmd.. Oerach.entafanOEicerin CmnmnndWiLhO”lReiief . . . . . . . . . . . .

Seiiefof a Camnmdimg Ofil-m t.Yasutmrdimta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

At-akk

Ioea1081

10s2

10ss

10s6

10s7

loss

i

I

1070. Rank and Grade of an Officer whosucceeds to Command.

An offker who succeeds to command acquires no

increase of rank nor change in grade. by virtue of

such succession alone.

1071. Succession Prescribed by a Com-mander in Chief.

A commander in chief and, when empowered bythe Chief of Naval Operations, any other navalcommander may prescribe the order ofsuccession to command, including bis or herown, among the various aflicers whom he or sheh= detailsd ta commend task forces or othertask commands. All orders issued under theauthority of this article shall continue intn effectafter the incapacity or death of the officerissuing them until revoked by his or hersuccessar in command or by h]gher authority.The powers delegated to a naval commanderunder this article are not conferred on any other

offker by virtue of the fact that he or she is thesenior officer prec.ent.

1072. Succession of a Deputy or ViceCommander.

Except as otherwise provided for specitlc cases, adeputy or vice commander shall succeed tocommand in the case of the incapacity or deathof the off:cer whose deputy or vice commander heor she is, and, unless the latter directs otherwise.at other times during the absence of such oKlcer.

1073. Succession of a Chief of Staff andOther Staff Officers.

In the absence or incapacity of the commanderon whose statT he is serving, a chief of staIT, chiefstaff ofticer, or other officer on a staff maysucceed to command if next in rank within thecommand and otherwise eligible as provided inthese regulations.

91

PRECEDENCE. AUTHORITY AN DCOMMAND

107L Succession to Command ofa Fleet,Subdivision of a Flee& Fleet MarineForce or Subdivision of a FleetMarine Force.

1. In the event of the incapacity, death,

departure on leave or detachment without relief

ofacommander inchiefof a fleet, a commander

of a subdivision of a fleet, a commanding general

of a fleet marine force, or a commanding general

of a subdivision of a fleet msrine force, or whensuch officer is absent from his or her commanddue LOorders from competent authority and aodirects, the following applies with regard to

succession Lo command, unless competen~

authority prescribes that a deputy or other

officer shall sumeed w command. With respect

La:

a. A fleet, he senior line officer of the Navy,

eligible for command at sea, in the fleet orsuMivision of a fleet shall succeed to command.

b. A fleet marine force, the senior otlicer ofthe Marine Corps, eligible for command, in thefleet marine force or subdivision of a fleetmarine force shall succeed LOcommand.

2. During the absence from Kk or her commandor beadquarLers of any of the commandersreferred to in paragraph 1 of thk+ article, andwhen such oflicer has not directed that he or shebe succeeded in command as provided in thepreceding paragraph, succession to commandshall be as follows

a. The chief of staff or chief staff officerwithin a fleet_

b. The deputy or assistant commanderwithin a fleet marine force, or the chief of staif ifa deputy or assistant commander is notassigned.

3. An officer succeeding b command shall haveauthority to issue orders required LOcarry on theestablished routine and to perform theadministrative functions of the command. Heshall be the officer commanding for the timebeing for the administration and for the exerciseof general court-martial jurisdiction within thecommand. This shall noL be construed ta limitthe authority and responsibility of the senior

officer present in emergency or other unforeseensituations which demand his or her action.

1075. Succession to Command of a Naval,Systems Command.

1. When there is a vacancy in the oflice of thecommander of a naval systems command orduring the disability of the commander of anaval systems command, or during the absenceof a commander of a naval systems commandand unless he or she directs otherwise, the vicecommander shai) succeed to the command of thenaval systems command until a successor takesoffice, or the disability or the absence ceases.

2. When the foregoing paragraph cannot becomplied with because of the disability orsbsence of the vice commander, the oficer on thestafTof the commander next senior in rank of theline or of the same slaflcorps as the commander,as appropriate, shall succeed IQ command of thenaval systems command, unless otherwisedirec~d by Lhe Chief of Naval Operations, untila successor takes office or the disability or theabsence of the commander or vice commanderceases.

1076. Succession to Command of a NavalBase.

1. 1n the event of the incapacity or death of Lhemmmander of a naval base, or when he or she isabsent and provided he or she so directs, he orshe shall be succeeded by the officer, eligible forcommand at sea, designated by the commanderof the naval base, with the approval of theimmediate supsrior.

2. During the absence of the commander of anaval base, and when he or she has not directsdthat he or she be succeeded in command asprovided in the preceding paragraph, Lhe chief ofstall’ or chief staH o~lcer shall have authority toissue the orders required to carry on theestablished routine and perform theadministrative functions of the naval base. Thisshall not be construed ta limit the authority orresponsibility of the senior officeremergencies or other unforeseenwh~ch demand hk or her action.

present in

situations

92


I1077. Succession to Command ofa Naval

Shore Activity.

1. In the event of the incapacity, death orabsence of the commanding officer or officer incharge of a naval shore activity not otherwiseprovided for in these regulations, the officer nextin rank shall succeed ta command, except:

a. The commanding officer shall besuccesded by the executive officer who, if sodetailed bythe Chief of Naval Personnel. neednot be next in rank.

b. When appropriate, and notwithstandingthe above subparagraph, the Chief of NavalOperations may specify that the commandingofficer shall be succeeded by an officer eligiblefor command at sea, who need not be next inrank.

1078. Succession to Command ofa Ship.

In the event of the incapacity, death, relief fromduty nr absence of the officer detailed tocommand a ship, the executive n~~cer shallsucceed to command until relieved by compstsntauthority or until the regular commandingoEicer returns. Succession to command, afterthe commanding officer and the executiveofllcer, shall be by the line ofiicer in the h’avyeligible for command at sea, next in rank andregularly attached to and on board the ship,until relieved by compstent authority or untilthe regular commanding officer or executiveoffxcer returns.

1079. Succession tnCommcnd of anAircraft Unit-

1. In the event of the incapacity, death, relieffrom duty or absence of the officer detailed tocnmmand an aircrail squadron, the executiveofficer shall succeed to command until relievedby cnmpetent authority or until the regularcommanding oficer returns. Succession tocommand, after the commanding otTmer and theexecutive officer, of an aircraft squadron shall kcby the line otliccr regularly attached to and onbaard the aircraft squadron who is next in rcnkand qualfled h command an aircrsft unit, untilrelieved by competent authority or until theregular commanding oflicer or executive oficerreturns.

2. [n the event of the incapacity, death, relief ‘from duty or absence of the officer detiiled tocommand an aircraft group or wing, the lineof?lcer next in rank within the command andotherwise eligible as provided in theseregulations shall succeed tu command or cnntml,as appropriate, until relieved by cnmpetentauthority or until the regular commanderreturns.

10S0. Succession to Command ofaSubmarine.

1. In the event of the incapacity, death, relieffrom duty or absence of the ofilcer detailed tocommand a submarine, the executive ofticershall succeed ta command until relieved bycompetent authority or until the regularcommanding officer returns. Succession tocommand, after the commanding officer and theexecutive ofllcer, of a submarine shall bs by theline offker regularly attichcd ti and on bnsrdthe submarine who is next in rcnk and qualifkdin submarines, until relieved by competentauthority or until the regular commandingofficer or executive ofilcer returns.

2. [n nuclear puwered submarines, successionshall be by the line officer satisfying the criteriain paragraph 1. and who is additionallycurrently qualified for the supervision,operation and maintenance of nuclearpropulsion plants.

1081. Succession in Battle.

When a flag offtcer or nther commsnder of shipsis incapacitated in battle the officer next in rcnkin the flagship and eligible ta succsed him or bershall succeed provisionally until the ofilcer whowould succeed as provided in Article 1074announces that he or she bas tsken mmmand. Itis the duty of the officer who succeedsprovisionally ta repart, as saan cs practicable,the incapacity of the flag officer h the officerwho will succeed to command and to theimmsdiate superior of the flag ofticer.

1082. Succession tn Command by Officersin the Staff Corps.

Officers in the staff carps may succeed tocommand only at such activities as areappropriate ta their corps.

93


10S3. Succsasion to Command by OfficersDesignated for Engineering Duty orSPecial Duty.

Officers designated for engineering duty,aeronautical engineering duty, or special dutywho are otherwise eligible as provided in theseregulations, may succeed to command only onshore.

1084. Succession to Commamd by LineOfficers Designated for LimitedDuty.

Officers of the line designated for limited dutymay succeed to command of an activity inconformity with the following.

a. in ships, offlcera of the line of the Navydesignated for limited duty who are authorizedto perform all deck duties afloat may succeed tocommand.

b. Within other commands of the navalservice. any limited duty officer with adesignator appropriate to the function of theactivity may succeed to command.

1085. Succession to Command by ChiefWarrant Officers and WarrantOfficers.

Chief warrant oflicers and warrant ot%cers maysucceed to command of an activity in conformitywith the following

a. In ships, chief warrant officers andwarrant ofiicers who are authorized to performall deck duties afloat may succeed to command.

b. within other commands of the navslservice, any chief warrant oftlcer or warrantofilcer with a designator appropriate to thefunction of tbe activity may succeed tocommand.

10S6. Succession to Command by Officersof tbe Marine Corps

An oflicer in the Marine Corps shall not succeedla command of any ship or naval shipyard, or of anaval station, except when the oflicer detailed tncommand the station is an officer of the Marinecorps.

1087. Succession to Command on Detach-ment of an Officer in Command With-out Relief.

Should an officer in command be detachedwithout relief, succession to command shall beby the oftlcer who, in accordance with theseregulations, would succeed ta command in caseof the incapacity, death or abaence of the officerin command.

10S8. Relief of a Commanding Officer by aSubordinate.

1. It is conceivable that most unusual andextraordinary circumstances may arise in whichthe relief from duty of a commanding officer by asubordinate becomes necessary, either byplacing the commanding ofllcer under arrest oron the sick list. Such action shall never be takenwithout the approval of tha Commandant of theMarine Corps or the Chief of Naval Personnel,as appropriate, or the senior officer present,except when reference to such higher authorityis undoubtedly impracticable because of thedelay involved or for other clearly obviousreasons. In any event, a complets report of tbematter shall be made w the Commandant of theMarine Corps or tbe Chief of Naval Persamel,as appropriate, and tbe senior ofticer present,setting forth all facts in the case and the reasansfor the action or recommendation, withparticular regard to the degree of urgencyinvolvsd.

2. In order that a subordinate officer, actingupon his, or her own initiative, may bevindicated for relieving a commanding officerfrom duty, the situation must be obvious andclear, -and must admit of the single conclusionthat tbe retention of command by suchcommanding officer will seriously andirretrievably prejudice the public interests. Thesubordinate oflicer so acting

a. Mu&be next in succession to command.

b. Must be unable tn refer the matter to acommon superior for the reasons set forth in thepreceding paragraph.

c. Must be certain that the prejudicialactions of the commanding ofiicer are not causedby instructions unknown to him or her.

II 94


Id. Must have given thematter much careful

consideration, and have made such exhaustiveinvestigation ofalltie circumstincesas maybepracticable.

e. Must bs thoroughly convinced that theconclusion to relieve the commanding officer isone which a reasonable, prudent and

e%rienced officer would regard as a necessaryconsequence fmm the frets thus determined toexist.

3. Intdligent,f earlessi nitistivei sanimportanltrait of military charsctsr, It is not the purpose

of these regulations to discourage itsemployment in cases of this nature. However,bscause the action of relieving a senior fromcommand involves most serious possibilities, adecision to do so, or to so recommend, must bebased upon facts established by substantialevidenca, and upon the official views of others ina position to form valid opinions, espscia]ly of atschnical character. An ofllcer relieving his orher commanding ofiksr, or recommending suchaction, together with all others who so counsel,must IEM the legitimate responsibility for, andmust bs prspared @justify, such action.

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Documents

PRECEDENCE, AUTHORITY AND COMMAND