---
kind: "section"
citation: "10 U.S.C. § 8138"
title: "10"
title_heading: "Armed Forces"
number: "8138"
heading: "Regular Marine Corps: judge advocates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8138"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part II — Personnel"
  - "Chapter 815 — Original Appointments"
---

# §8138. Regular Marine Corps: judge advocates


With the approval of the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1), any [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/8001.md?p=a-5) on the [active-duty list](/usc/10/101.md?p=b-13) of the [Marine Corps](/usc/10/8001.md?p=a-2) who is qualified under [section 827(b) of this title](/usc/10/827.md?p=b) may, upon his application, be designated as a judge advocate.


## 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.)

## Notes

### Editorial Notes

### Amendments

2018—Pub. L. 115–232 renumbered section 5587a of this title as this section.

1980—Pub. L. 96–513 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 Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.