Except for an officer entitled to a rank higher than his grade, line and staff corps officers of the Navy serving in the same grade and officers of the Marine Corps serving in the corresponding grade rank among themselves according to their respective dates of rank in grade whether or not they are on an active-duty list.
Structure US Code
Subtitle C— Navy and Marine Corps
CHAPTER 812— GRADE AND RANK OF OFFICERS
§ 8111. Navy: grades above chief warrant officer, W–5
§ 8112. Marine Corps: grades above chief warrant officer, W–5
§ 8113. Navy and Marine Corps: warrant officer grades
§ 8118. Rank of line and staff corps officers of the Navy and officers of the Marine Corps