10 U.S.C. § 8139 | Regular Navy and Regular Marine Corps: officers designated for limited duty

(a)

section 8090(b) of this title Original appointments as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under and designated by the Secretary for the purposes of this section may be made from—

(1)

warrant officers;

(2)

chief petty officers; and

(3)

first-class petty officers;

in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.

(b)

Original appointments as regular officers of the Marine Corps in a grade below major may be made from—

(1)

warrant officers;

(2)

master sergeants; and

(3)

technical sergeants;

in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.

(c)

(1)

An officer described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank in that grade, in which the officer is serving on the day before such original appointment.

(2)

This subsection applies to an officer of the Navy and Marine Corps who—

(A)

is on the active-duty list;

(B)

holds a permanent enlisted or warrant officer grade;

(C)

section 8146 of this title is designated for limited duty under subsection (a) of ; and

(D)

section 8146 of this title is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of .

(d)

section 532(a) of this title To be eligible for an appointment under this section a member must have the qualifications specified in and have completed at least 8 years of active naval service, excluding active duty for training in a reserve component.

(e)

Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment because of his former permanent status.

(f)

Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may—

(1)

if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;

(2)

if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or

(3)

if he is in the Marine Corps, be assigned to unrestricted performance of duty.

When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.

(g)

The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.

Aug. 10, 1956, ch. 1041 70A Stat. 326 Pub. L. 87–123, § 5(10)Aug. 3, 196175 Stat. 265 Pub. L. 96–513, title III, § 325Dec. 12, 198094 Stat. 2893 Pub. L. 99–433, title V, § 514(c)(3)Oct. 1, 1986100 Stat. 1055 Pub. L. 103–337, div. A, title V, § 502Oct. 5, 1994108 Stat. 2748 Pub. L. 115–232, div. A, title V, § 512Aug. 13, 2018132 Stat. 1751(, , § 5589; , , ; , , ; , , ; , , ; renumbered § 8139 and amended , title VIII, §§ 807(b)(4), 809(a), , , 1834, 1840.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
5589	34 U.S.C. 211c ((a) (less statement of appointing authority), and less (e)–(h)).	Aug. 7, 1947, ch. 512, § 404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, § 1(f), 63 Stat. 568.

In subsections (a) and (b) the authority to make appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words “commissioned warrant officers” are omitted as surplusage, since the term “warrant officers” includes commissioned warrant officers.

§ 5590 of this titleThe word “male” is inserted to limit the application of the section to men. Authority to appoint women is covered in .

Editorial Notes

Amendments

Pub. L. 115–232, § 807(b)(4)section 5589 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (a). , substituted “section 8090(b)” for “section 5150(b)” in introductory provisions.

Pub. L. 115–232, § 809(a)Subsec. (c)(2)(C), (D). , substituted “section 8146” for “section 5596”.

Pub. L. 115–232, § 512Subsec. (d). , substituted “8 years” for “10 years”.

Pub. L. 103–3371994—Subsecs. (c) to (g). added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

Pub. L. 99–4331986—Subsec. (a). substituted “section 5150(b)” for “section 5155(b)”.

Pub. L. 96–513, § 325(1)section 5155(b) of this title1980—Subsec. (a). , substituted “as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under and designated by the Secretary for the purposes of this section may be made from” for “to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male”.

Pub. L. 96–513, § 325(2)Subsec. (b). , substituted “as regular officers of the Marine Corps in a grade below major may be made from” for “to the active list of the Marine Corps in the grade of second lieutenant may be made from male”.

Pub. L. 96–513, § 325(3)section 532(a) of this titleSubsec. (c). , inserted “the qualifications specified in and have”.

Pub. L. 87–1231961—Subsec. (e)(3). struck out “be designated for supply duty or” before “be assigned to”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by sections 807(b)(4) and 809(a) of effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1980 Amendment

Pub. L. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

Transition Provisions Under Defense Officer Personnel Management Act

September 15, 1981section 616 of Pub. L. 96–513 section 611 of this titleFor provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty officers under this section prior to , see , set out as a note under .