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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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---
type: "LegalText"
title: "10 U.S.C. § 8138"
description: "Regular Marine Corps: judge advocates"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 10
title_name: "ARMED FORCES"
chapter_number: "815"
chapter_name: "ORIGINAL APPOINTMENTS"
section: "8138"
citation: "10 U.S.C. § 8138"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
source_identifier: "/us/usc/t10/s8138"
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 10 U.S.C. § 8138 - Regular Marine Corps: judge advocates
## Text
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 section 827(b) of this title may, upon his application, be designated as a judge advocate.
(Added Pub. L. 90179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115232 renumbered section 5587a of this title as this section. 1980—Pub. L. 96513 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 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, see section 701 of Pub. L. 96513, set out as a note under section 101 of this title.