Rank: commissioned officers in regular grades of brigadier general and major general; seniority list

§ 3573. Rank: commissioned officers in regular grades of brigadier general and major general; seniority list (a) The date of rank of an officer whose regular grade is brigadier general is the date of his appointment in that regular grade, if at the time of that appointment he held no temporary general officer grade. The date of rank of an officer whose regular grade is major general is the date of rank he held in the regular grade of brigadier general, if he held that grade at the time oi his appointment in the regular grade of major general. (b) If at the time of his appointment in his current regular grade such an officer held only a temporary general officer grade, his date of rank is the date of rank he held in that temporary grade, except that 205if he was promoted to that temporary grade from the temporary grade of brigadier general his date of rank is the date of rank he held in the temporary grade of brigadier general. (c) Notwithstanding subsections (a) and (b), the date of rank of such an officer may not be earlier than that of the junior general officer in the same regular grade who was appointed to that grade before him. (d) The names of general officers of the Regular Army shall be carried on a seniority list in the order of seniority in both regular grade and date of rank as determined under subsection (a). 3574. Rank: commissioned officers in regular grades below brigadier general (a) Among commissioned officers of the same grade in the Regular Army who are on the same promotion list, rank in regular grade is determined by the order in which their names appear on that list. (b) Among commissioned officers of the same grade in the Regular Army who are not on the same promotion list or not on a promotion list, rank in regular grade is determined— (1) by date of rank: (2) if the dates of rank are the same, by length of continuous active commissioned service in the Regular Army; (3) if the dates of rank and length of continuous active commissioned service in the Regular Army are the same, by rank established at the time of original appointment in the Regular Army; and (4) in other cases, by the Secretary of the Army. (c) Rank among the graduates of each class at the United States Military Academy who, upon graduation, are appointed in the Regular Army shall be fixed under regulations prescribed by the Secretary.