---
kind: "section"
citation: "10 U.S.C. § 777"
title: "10"
title_heading: "Armed Forces"
number: "777"
heading: "Wearing of insignia of higher grade before promotion (frocking): authority; restrictions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/777"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 45 — The Uniform"
---

# §777. Wearing of insignia of higher grade before promotion (frocking): authority; restrictions

- (a) **Authority.—** An [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of major general or, in the case of the Navy, rear admiral, who has been selected for promotion to the next higher [grade](/usc/10/101.md?p=b-7) may be authorized, under regulations and policies of the [Department](/usc/10/101.md?p=a-6) of Defense and subject to [subsection (b)](#b), to wear the insignia for that next higher [grade](/usc/10/101.md?p=b-7). An [officer](/usc/10/101.md?p=b-1) who is so authorized to wear the insignia of the next higher [grade](/usc/10/101.md?p=b-7) is said to be “frocked” to that [grade](/usc/10/101.md?p=b-7).
- (b) **Restrictions.—** An [officer](/usc/10/101.md?p=b-1) may not be authorized to wear the insignia for a [grade](/usc/10/101.md?p=b-7) as described in [subsection (a)](#a) unless—
  - (1) the Senate has given its advice and consent to the appointment of the [officer](/usc/10/101.md?p=b-1) to that [grade](/usc/10/101.md?p=b-7);
  - (2) the [officer](/usc/10/101.md?p=b-1) is serving in, or has received orders to serve in, a position for which that [grade](/usc/10/101.md?p=b-7) is authorized; and
  - (3) in the case of an [officer](/usc/10/101.md?p=b-1) selected for promotion to a [grade](/usc/10/101.md?p=b-7) above colonel or, in the case of an [officer](/usc/10/101.md?p=b-1) of the Navy, a [grade](/usc/10/101.md?p=b-7) above captain—
    - (A) authority for that [officer](/usc/10/101.md?p=b-1) to wear the insignia of that [grade](/usc/10/101.md?p=b-7) has been approved by the [Secretary](/usc/10/4951.md?p=3) of Defense (or a civilian [officer](/usc/10/101.md?p=b-1) within the Office of the [Secretary](/usc/10/4951.md?p=3) of Defense whose appointment was made with the advice and consent of the Senate and to whom the [Secretary](/usc/10/4951.md?p=3) delegates such approval authority); and
    - (B) the [Secretary](/usc/10/4951.md?p=3) of Defense has submitted to Congress a written notification of the intent to authorize the [officer](/usc/10/101.md?p=b-1) to wear the insignia for that [grade](/usc/10/101.md?p=b-7).
- (c) **Benefits Not To Be Construed as Accruing.—**
  - (1) Authority provided to an [officer](/usc/10/101.md?p=b-1) as described in [subsection (a)](#a) to wear the insignia of the next higher [grade](/usc/10/101.md?p=b-7) may not be construed as conferring authority for that [officer](/usc/10/101.md?p=b-1) to—
    - (A) be paid the [rate](/usc/10/101.md?p=b-9) of [pay](/usc/10/101.md?p=a-15) provided for an [officer](/usc/10/101.md?p=b-1) in that [grade](/usc/10/101.md?p=b-7) having the same number of years of service as that [officer](/usc/10/101.md?p=b-1); or
    - (B) assume any legal authority associated with that [grade](/usc/10/101.md?p=b-7).
  - (2) The period for which an [officer](/usc/10/101.md?p=b-1) wears the insignia of the next higher [grade](/usc/10/101.md?p=b-7) under such authority may not be taken into account for any of the following purposes:
    - (A) Seniority in that [grade](/usc/10/101.md?p=b-7).
    - (B) Time of service in that [grade](/usc/10/101.md?p=b-7).
- (d) **Limitation on Number of Officers Frocked to Specified Grades.—**
  - (1) The total number of colonels, Navy captains, brigadier generals, and rear admirals (lower half) on the [active-duty list](/usc/10/101.md?p=b-13) who are authorized as described in [subsection (a)](#a) to wear the insignia for the next higher [grade](/usc/10/101.md?p=b-7) may not exceed 85.
  - (2) The number of [officers](/usc/10/101.md?p=b-1) of an armed force on the [active-duty list](/usc/10/101.md?p=b-13), or for the Space Force, the Space Force [officer](/usc/10/101.md?p=b-1) list, who are authorized as described in [subsection (a)](#a) to wear the insignia for a [grade](/usc/10/101.md?p=b-7) to which a limitation on total number applies under [section 523(a) of this title](/usc/10/523.md?p=a) for a fiscal year may not exceed 1 percent, or, for the [grades](/usc/10/101.md?p=b-7) of colonel and Navy captain, 2 percent, of the total number provided for the [officers](/usc/10/101.md?p=b-1) in that [grade](/usc/10/101.md?p=b-7) in that armed force in the administration of the limitation under that section for that fiscal year.

## Source credit

(Added Pub. L. 104–106, div. A, title V, § 503(a)(1), Feb. 10, 1996, 110 Stat. 294; amended Pub. L. 105–85, div. A, title V, § 505, Nov. 18, 1997, 111 Stat. 1726; Pub. L. 106–65, div. A, title V, § 502, Oct. 5, 1999, 113 Stat. 590; Pub. L. 108–136, div. A, title V, § 509(a), Nov. 24, 2003, 117 Stat. 1458; Pub. L. 108–375, div. A, title V, § 503, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 109–163, div. A, title V, §§ 503(c), 504, Jan. 6, 2006, 119 Stat. 3226; Pub. L. 111–383, div. A, title V, § 505(b), Jan. 7, 2011, 124 Stat. 4210; Pub. L. 118–31, div. A, title XVII, § 1722(e), Dec. 22, 2023, 137 Stat. 671.)

## Notes

### Editorial Notes

### Amendments

2023—Subsec. (d)(2). Pub. L. 118–31 inserted “, or for the Space Force, the Space Force officer list,” after “active-duty list”.

2011—Subsec. (b)(3)(B). Pub. L. 111–383 struck out “and a period of 30 days has elapsed after the date of the notification” after “grade”.

2006—Subsec. (a). Pub. L. 109–163, § 503(c), inserted “in a grade below the grade of major general or, in the case of the Navy, rear admiral,” after “An officer” in first sentence.

Subsec. (d)(1). Pub. L. 109–163, § 504(1), substituted “colonels, Navy captains, brigadier generals, and rear admirals (lower half)” for “brigadier generals and Navy rear admirals (lower half)” and “the next higher grade may not exceed 85” for “the grade of major general or rear admiral, as the case may be, may not exceed 30”.

Subsec. (d)(2), (3). Pub. L. 109–163, § 504(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “The total number of colonels and Navy captains on the active-duty list who are authorized as described in subsection (a) to wear the insignia for the grade of brigadier general or rear admiral (lower half), as the case may be, may not exceed 55.”

2004—Subsec. (d). Pub. L. 108–375 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.

2003—Subsec. (b)(3). Pub. L. 108–136 added par. (3).

1999—Subsec. (d)(1). Pub. L. 106–65 substituted “55.” for “the following:” and struck out subpars. (A) to (C) which read as follows:

“(A) During fiscal years 1996 and 1997, 75.

“(B) During fiscal year 1998, 55.

“(C) After fiscal year 1998, 35.”

1997—Subsec. (d)(2). Pub. L. 105–85 inserted “, or, for the grades of colonel and Navy captain, 2 percent,” after “1 percent”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title V, § 509(b), Nov. 24, 2003, 117 Stat. 1459, provided that: “Paragraph (3) of subsection (b) of section 777 of title 10, United States Code, as added by subsection (a), shall not apply with respect to the wearing by an officer of insignia for a grade that was authorized under that section before the date of the enactment of this Act [Nov. 24, 2003].”

### Temporary Variation of Limitations on Numbers of Frocked Officers

Pub. L. 104–106, div. A, title V, § 503(b), Feb. 10, 1996, 110 Stat. 294, provided that in the administration of former subsec. (d)(2) of this section, the percent limitation applied under that section for fiscal year 1996 would be 2 percent, rather than 1 percent.