(1) the Senate has given its advice and consent to the appointment of the officer to that grade;
(2) the officer has received orders to serve in a position outside the military department of that officer for which that grade is authorized;
(3) the Secretary of Defense (or a civilian officer within the Office of the Secretary of Defense whose appointment was made with the advice and consent of the Senate and to whom the Secretary delegates such approval authority) has given approval for the officer to wear the insignia for that grade before assuming the duties of a position for which that grade is authorized; and
(4) the Secretary of Defense has submitted to Congress a written notification of the intent to authorize the officer to wear the insignia for that grade.
(A) be paid the rate of pay provided for an officer in that grade having the same number of years of service as that officer; or
(B) assume any legal authority associated with that grade.
(2) The period for which an officer wears the insignia of a higher grade under such authority may not be taken into account for any of the following purposes:
(A) Seniority in that grade.
(B) Time of service in that grade.
(Added Pub. L. 111–383, div. A, title V, §505(a)(1), Jan. 7, 2011, 124 Stat. 4208.)
|II.||Apprehension and Restraint||807||7|
|V.||Composition of Courts-Martial||822||22|
|IX.||Post-Trial Procedure and Review of Courts-Martial||859||59|
|XII.||United States Court of Appeals for the Armed Forces||941||141|
|802.||2.||Persons subject to this chapter.|
|803.||3.||Jurisdiction to try certain personnel.|
|804.||4.||Dismissed officer's right to trial by court-martial.|
|805.||5.||Territorial applicability of this chapter.|
|806.||6.||Judge advocates and legal officers.|
|806a.||6a.||Investigation and disposition of matters pertaining to the fitness of military judges.|
|806b.||6b.||Rights of the victim of an offense under this chapter.|
Last modified: October 26, 2015