10 USC § 8138 - Regular Marine Corps: judge advocates

---
identifier: "/us/usc/t10/s8138"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8138 - Regular Marine Corps: judge advocates"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8138"
section_name: "Regular Marine Corps: judge advocates"
chapter_number: 815
chapter_name: "ORIGINAL APPOINTMENTS"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 90–179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96–513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)"
---


# § 8138. Regular Marine Corps: judge advocates

section 827(b) of this title

With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under  may, upon his application, be designated as a judge advocate.

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**Source Credit**: (Added Pub. L. 90–179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96–513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

## Editorial Notes

### Amendments

2018— renumbered  as this section.

1980— struck out designation “(a)” before “With the approval of the Secretary”, substituted “active-duty list” for “active list”, and struck out subsec. (b) which provided that, for the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, a person appointed to the active list of the Marine Corps with a view to designation as a judge advocate could be credited with the amount of service prescribed by the Secretary of the Navy, but not more than three years.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under .