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

# §777a. Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions

- (a) **Authority.—** An [officer](/usc/10/101.md?p=b-1) serving in a [grade](/usc/10/101.md?p=b-7) below the [grade](/usc/10/101.md?p=b-7) of lieutenant general or, in the case of the Navy, vice admiral, who has been selected for appointment to the [grade](/usc/10/101.md?p=b-7) of lieutenant general or general, or, in the case of the Navy, vice admiral or admiral, and an [officer](/usc/10/101.md?p=b-1) serving in the [grade](/usc/10/101.md?p=b-7) of lieutenant general or vice admiral who has been selected for appointment to the [grade](/usc/10/101.md?p=b-7) of general or admiral, 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 higher [grade](/usc/10/101.md?p=b-7) for a period of up to 14 days before assuming the duties of a position for which the higher [grade](/usc/10/101.md?p=b-7) is authorized. An [officer](/usc/10/101.md?p=b-1) who is so authorized to wear the insignia of a 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) has received orders to serve in a position outside the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) of that [officer](/usc/10/101.md?p=b-1) for which that [grade](/usc/10/101.md?p=b-7) is authorized;
  - (3) 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) has given approval for the [officer](/usc/10/101.md?p=b-1) to wear the insignia for that [grade](/usc/10/101.md?p=b-7) before assuming the duties of a position for which that [grade](/usc/10/101.md?p=b-7) is authorized; and
  - (4) 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 a 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 a 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.—** The total number of [officers](/usc/10/101.md?p=b-1) who are authorized to wear the insignia for a higher [grade](/usc/10/101.md?p=b-7) under this section shall count against the limitation in [section 777(d) of this title](/usc/10/777.md?p=d) on the total number of [officers](/usc/10/101.md?p=b-1) authorized to wear the insignia of a higher [grade](/usc/10/101.md?p=b-7).

## Source credit

(Added Pub. L. 111–383, div. A, title V, § 505(a)(1), Jan. 7, 2011, 124 Stat. 4208.)