Defense and national security

Executive Order 13358: Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces

President: George W. Bush

Assigned specified presidential military appointments, promotions and commission functions to Defense and, for the Coast Guard outside the Navy, Homeland Security.

Status: In effect. Is Executive Order 13358 still in effect? Yes. Executive Order 13358 remains in effect. See Federal Register record.

What does Executive Order 13358 do?

EO 13358 assigned enumerated functions to the Secretary of Defense or Secretary of Homeland Security, retained exceptions for higher grades and constrained further reassignment. It took effect October 1, 2004. A 2025 Marine Corps reserve-commissioning message lists EO 13358 as authority for the process of submitting eligible officers for Reserve commissions. This documents later administrative reliance on the delegation, without identifying an individual appointment by the President.

Administration position: The order allocated certain statutory military personnel functions to the appropriate civilian department secretary.
SignedSeptember 28, 2004
Earlier frameworkTitle 10 and Coast Guard statutes placed specific officer appointment and promotion functions with the President.
Responsible bodySecretaries of Defense and Homeland Security
Later primary evidence2025: A 2025 Marine Corps reserve-commissioning message lists EO 13358 as authority for the process of submitting eligible officers for Reserve commissions. This documents later administrative reliance on the delegation, without identifying an individual appointment by the President.

Before and after

Before the order

Title 10 and Coast Guard statutes placed specific officer appointment and promotion functions with the President.

After the order

EO 13358 assigned enumerated functions to the Secretary of Defense or Secretary of Homeland Security, retained exceptions for higher grades and constrained further reassignment. It took effect October 1, 2004.

A 2025 Marine Corps reserve-commissioning message lists EO 13358 as authority for the process of submitting eligible officers for Reserve commissions. This documents later administrative reliance on the delegation, without identifying an individual appointment by the President.

What did the signed order change?

Title 10 and Coast Guard statutes placed specific officer appointment and promotion functions with the President. EO 13358 assigned enumerated functions to the Secretary of Defense or Secretary of Homeland Security, retained exceptions for higher grades and constrained further reassignment. It took effect October 1, 2004.

What happened later?

U.S. Marine Corps — reserve commissioning process message documents this later development: A 2025 Marine Corps reserve-commissioning message lists EO 13358 as authority for the process of submitting eligible officers for Reserve commissions. This documents later administrative reliance on the delegation, without identifying an individual appointment by the President.

What does that evidence establish?

EO 13358 excludes the Coast Guard from Defense’s assignment when it is outside the Navy, reserves specified high-grade decisions and limits redelegation to qualifying Senate-confirmed civilian officers. Its effective date was October 1, 2004. A Marine Corps process citing it does not expand the original grant of power or demonstrate a particular promotion. This delegation is about who exercises specified functions, not automatic promotions or appointments. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
Secretaries of Defense and Homeland SecurityAdministered specifically assigned personnel decisionsUnder the signed order and governing law

What happened next

EO 13358 signed.