10 U.S.C. § 8372 | Regular Navy and Regular Marine Corps; officers designated for limited duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay

(a)

Mandatory Retirement .—

(1)

Except as provided in subsection (k), each regular officer of the Navy who is an officer designated for limited duty and who is serving in a grade below the grade of commander and each regular officer of the Marine Corps who is an officer designated for limited duty shall be retired on the last day of the month following the month in which he completes 30 years of active naval service, exclusive of active duty for training in a reserve component.

(2)

Except as provided in subsection (k), each regular officer of the Navy designated for limited duty who is serving in the grade of commander, has failed of selection for promotion to the grade of captain for the second time, and is not on a list of officers recommended for promotion to the grade of captain shall—

(A)

if eligible for retirement as a commissioned officer under any provision of law, be retired under that provision of law on the date requested by the officer and approved by the Secretary of the Navy, except that the date of retirement may not be later than the first day of the seventh month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public; or

(B)

if not eligible for retirement as a commissioned officer, be retired on the date requested by the officer and approved by the Secretary of the Navy after the officer becomes eligible for retirement as a commissioned officer, except that the date of retirement may not be later than the first day of the seventh calendar month beginning after the month in which the officer becomes eligible for retirement as a commissioned officer.

(3)

Except as provided in subsection (k), if not retired earlier, a regular officer of the Navy designated for limited duty who is serving in the grade of commander and is not on a list of officers recommended for promotion to the grade of captain shall be retired on the last day of the month following the month in which the officer completes 35 years of active naval service, exclusive of active duty for training in a reserve component.

(4)

Except as provided in subsection (k), each regular officer of the Navy designated for limited duty who is serving in the grade of captain shall, if not retired sooner, be retired on the last day of the month following the month in which the officer completes 38 years of active naval service, exclusive of active duty for training in a reserve component.

(b)

Lieutenant Commanders and Majors Who Twice Fail of Selection for Promotion .—

Except as provided in subsections (f) and (k), each regular officer on the active-duty list of the Navy serving in the grade of lieutenant commander who is an officer designated for limited duty, and each regular officer on the active-duty list of the Marine Corps serving in the grade of major who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of commander or lieutenant colonel, respectively, for the second time and whose name is not on a promotion list shall be retired, if eligible to retire, or be discharged on the date requested by the officer and approved by the Secretary of the Navy, but not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.

(c)

Retired Grade and Retired Pay .—

Each officer retired under subsection (a) or (b)—

(1)

1 See References in Text note below.

unless otherwise entitled to a higher grade, shall be retired in the grade determined under section 1370  of this title; and

(2)

section 8333 of this title is entitled to retired pay computed under .

(d)

Navy Lieutenants and Marine Corps Captains Who Twice Fail of Selection for Promotion .—

Except as provided in subsections (f) and (k), each regular officer on the active-duty list of the Navy serving in the grade of lieutenant who is an officer designated for limited duty, and each regular officer on the active duty list of the Marine Corps serving in the grade of captain who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of lieutenant commander or major for the second time and whose name is not on a list of officers recommended for promotion shall be honorably discharged on the date requested by the officer and approved by the Secretary of the Navy, but not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.

(e)

Officers in Pay Grades O–and O–Who Twice Fail of Selection for Promotion or Are Found Not Qualified for Promotion 2 1 .—

(1)

Each regular officer on the active-duty list of the Navy serving in the grade of lieutenant (junior grade) who is an officer designated for limited duty, and each regular officer on the active-duty list of the Marine Corps serving in the grade of first lieutenant who is an officer designated for limited duty, who is considered as having failed of selection for promotion to the grade of lieutenant (in the case of an officer of the Navy) or captain (in the case of an officer of the Marine Corps) for the second time shall be honorably discharged on the date requested by the officer and approved by the Secretary of the Navy, but not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.

(2)

Each regular officer on the active-duty list of the Navy serving in the grade of ensign who is an officer designated for limited duty, and each regular officer on the active-duty list of the Marine Corps serving in the grade of second lieutenant who is an officer designated for limited duty, who is found not qualified for promotion to the grade of lieutenant (junior grade) (in the case of an officer of the Navy) or first lieutenant (in the case of an officer of the Marine Corps) shall be honorably discharged on the date requested by the officer and approved by the Secretary of the Navy, but not later than the first day of the seventh calendar month beginning after the month in which the officer was found not qualified for promotion.

(f)

Year Retirement Sanctuary 18-.—

section 8323 of this titleIf an officer subject to discharge under subsection (b), (d), or (e) is (as of the date on which the officer is to be discharged) not eligible for retirement under any provision of law but is within two years of qualifying for retirement under , the officer shall be retained on active duty as an officer designated for limited duty until becoming qualified for retirement under that section and shall then be retired under that section, unless the officer is sooner retired or discharged under another provision of law or the officer reverts to a warrant officer grade pursuant to subsection (h).

(g)

Reenlistment for LDOs Appointed From Enlisted Grades .—

(1)

An officer subject to discharge under subsection (b), (d), or (e) who is described in paragraph (2) may, upon the officer’s request and in the discretion of the Secretary of the Navy, be enlisted in a grade prescribed by the Secretary upon the officer’s discharge pursuant to such subsection.

(2)

An officer described in this paragraph is an officer who—

(A)

is not eligible for retirement under any provision of law;

(B)

is not covered by subsection (f); and

(C)

was in an enlisted grade when first appointed as an officer designated for limited duty.

(h)

Reversion to Warrant Officer Grade for LDOs Appointed From Warrant Officer Grades .—

An officer subject to discharge under subsection (b), (d), or (e) (including an officer otherwise subject to retention under subsection (f)) who is not eligible for retirement under any provision of law and who had the permanent status of a warrant officer when first appointed as an officer designated for limited duty may, at the officer’s option, revert to the warrant officer grade and status that the officer would hold if the officer had not been appointed as an officer designated for limited duty.

(i)

Determination of Grade and Status of Officers Reverting to Prior Status .—

In any computation to determine the grade and status to which an officer may revert under this section, all active service as an officer designated for limited duty or as a temporary or reserve officer is included.

(j)

Separation Pay for Officers Discharged .—

section 1174(a)(1) of this titleAn officer discharged under this section is entitled, if eligible therefor, to separation pay under .

(k)

Selective Retention Boards for LDOs .—

section 611(b) of this titleUnder such regulations as he may prescribe, whenever the needs of the service require, the Secretary of the Navy may defer the retirement under subsection (a) or (b) or the discharge under subsection (b) or (d) of any officer designated for limited duty upon recommendation of a board of officers convened under and with the consent of the officer concerned. An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 20 years active commissioned service, if in the grade of lieutenant or captain, beyond 24 years active commissioned service, if in the grade of lieutenant commander or major, or beyond 28 years active commissioned service, if in the grade of lieutenant colonel, or beyond age 62, whichever is earlier.

(l)

Applicability of Section Only to Permanent LDOs .—

section 8146 of this titleThis section does not apply to officers designated for limited duty under .

Aug. 10, 1956, ch. 1041 70A Stat. 405 Pub. L. 85–422, § 11(a)(6)(D)May 20, 195872 Stat. 131 Pub. L. 86–616, § 5(2)July 12, 196074 Stat. 390 Pub. L. 87–509, § 4(b)June 28, 196276 Stat. 121 Pub. L. 88–132, § 5(h)(4)Oct. 2, 196377 Stat. 214 Pub. L. 96–342, title VIII, § 813(d)(7)Sept. 8, 198094 Stat. 1106 Pub. L. 96–513, title III, § 336Dec. 12, 198094 Stat. 2898 Pub. L. 98–94, title IX, § 922(a)(11)Sept. 24, 198397 Stat. 642 Pub. L. 98–525, title V, § 529(c)Oct. 19, 198498 Stat. 2526 Pub. L. 99–348, title II, § 203(b)(7)July 1, 1986100 Stat. 696 Pub. L. 101–510, div. A, title V, § 501(f)(2)Nov. 5, 1990104 Stat. 1551 Pub. L. 102–484, div. A, title V, § 504(c)Oct. 23, 1992106 Stat. 2403 Pub. L. 103–160, div. A, title V, § 561(e)Nov. 30, 1993107 Stat. 1667 Pub. L. 103–337, div. A, title V, § 503Oct. 5, 1994108 Stat. 2749 Pub. L. 105–261, div. A, title V, § 504(c)Oct. 17, 1998112 Stat. 2004 Pub. L. 115–232, div. A, title VIIIAug. 13, 2018132 Stat. 1836 Pub. L. 118–31, div. A, title V, § 508(b)Dec. 22, 2023137 Stat. 242 Pub. L. 118–159, div. A, title V, § 505(b)(3)Dec. 23, 2024138 Stat. 1870(, , § 6383; , , ; , , ; , , ; , , ; , , ; , title V, § 513(17), , , 2932; , , ; , , ; , , ; , , ; , (d), , , 2404; , , ; , , ; , (d), , ; renumbered § 8372 and amended , §§ 807(b)(16), 809(a), , , 1840; , , ; , , .)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6383(a)–(h)	34 U.S.C. 410j(a).	Aug. 7, 1947, ch. 512, § 312(a), 61 Stat. 858.
	34 U.S.C. 626–1(a) (1st sentence).	Aug. 7, 1947, ch. 512, § 314(a) (1st sentence), 61 Stat. 863; May 5, 1954, ch. 180, § 205, 68 Stat. 68.
	34 U.S.C. 626–1(o).	Aug. 7, 1947, ch. 512, § 314(o), 61 Stat. 865.
	34 U.S.C. 3c(b) (1st sentence).	Aug. 7, 1947, ch. 512, § 302(b) (1st sentence), 61 Stat. 829.
6383(a)	34 U.S.C. 410j(d).	Aug. 7, 1947, ch. 512, § 312(d), 61 Stat. 859.
6383(b)	34 U.S.C. 410j(f) (less provisos).	Aug. 7, 1947, ch. 512, § 312(f) (less provisos), 61 Stat. 859.
6383(c)	34 U.S.C. 389 (1st sentence as applicable to grade).	R.S. 1457 (1st sentence as applicable to grade).
	34 U.S.C. 410j(g) (less provisos).	Aug. 7, 1947, ch. 512, § 312(g) (less provisos), 61 Stat. 860.
	34 U.S.C. 3c(j).	Aug. 7, 1947, ch. 512, § 312(j), 61 Stat. 831.
6383(d), (e), (f)	34 U.S.C. 410j(h) (as applicable to officers designated for limited duty who fail of selection, less provisos).	Aug. 7, 1947, ch. 512, § 312(h) (as applicable to officers designated for limited duty who fail of selection less provisos), 61 Stat. 860.
	34 U.S.C. 410j(m) (less applicability to persons discharged under 34 U.S.C. 410j(l)).	Aug. 7, 1947, ch. 512, § 312(m); added June 18, 1954, ch. 311, (b) (less applicability to persons discharged under § 312(l)), 68 Stat. 257.
6383(g), (h)	34 U.S.C. 410j(f) (provisos).	Aug. 7, 1947, ch. 512, § 312(f) (provisos), 61 Stat. 859.
	34 U.S.C. 410j(h) (2d proviso as applicable to officers designated for limited duty who fail of selection).	Aug. 7, 1947, ch. 512, § 312(h) (2d proviso as applicable to officers designated for limited duty who fail of selection), 61 Stat. 860.

In subsection (a) the words “if not otherwise retired pursuant to law” are omitted as surplusage.

37 U.S.C. 231In subsection (c) the pay provisions are worded so as to conform to the terminology of the Career Compensation Act of 1949 ( et seq.).

34 U.S.C. 410j(g)Act of April 18, 1946, ch. 141 34 U.S.C. 15 34 U.S.C. 211c(a)The second proviso in § 312(g) of the Officer Personnel Act of 1947 (), relating to the retired pay of officers commissioned in the Regular Navy under the , as amended (), and officers commissioned in the Regular Navy while serving on active duty as officers of the Naval Reserve, is not codified in this section because it is inapplicable to officers designated for limited duty. The only authority to appoint limited duty officers is § 404(a) of the Officer Personnel Act of 1947 (). Naval Reserve officers are not eligible for such appointments. Hence there can be no limited duty officers in the categories mentioned in the proviso.

In subsection (f) the words “to which he would otherwise become entitled” are omitted as surplusage and the words “based on the service for which he has received payment” are substituted for the words “attributable to the active service in respect of which lump-sum payment shall have been made to him”.

34 U.S.C. 410j(f)34 U.S.C. 430(b)(2)§ 1305 of this titleThe second proviso in § 312(f) of the Officer Personnel Act of 1947 (), which provides that officers who exercise their option to revert to a warrant officer grade shall be retired upon completing 30 years of active naval service, is omitted as superseded by § 14(b)(2) of the Warrant Officer Act of 1954 (), codified in .

Editorial Notes

References in Text

Section 1370 of this title Pub. L. 116–283, div. A, title V, § 508(a)(1)Jan. 1, 2021134 Stat. 3574Jan. 1, 2021section 1370 of this title section 1370a of this title section 508(c) of Pub. L. 116–283 section 1370 of this title, referred to in subsec. (c)(1), was repealed and new sections 1370 and 1370a of this title were enacted by , , , 3580. In determining the retired grade of certain commissioned officers of the Armed Forces who retire after , any reference to in such determination with respect to such officers deemed to be a reference to , see , set out as a note under .

Prior Provisions

Pub. L. 85–861, § 1(178)(C)Sept. 2, 195872 Stat. 1527 Pub. L. 86–559, § 1(57)June 30, 196074 Stat. 276 Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)Oct. 5, 1994108 Stat. 2963Oct. 1, 1996A prior section 8372, added , , ; amended , , , related to promotion of officers with special qualifications to grade of captain, major, lieutenant colonel, or colonel of Air Force Reserve, prior to repeal by , , , effective . See section 14301 et seq. of this title.

Amendments

Pub. L. 118–159, § 505(b)(3)(A)2024—Subsec. (b). , substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the selection board in which the officer is considered as having failed of selection for promotion to the grade of commander or lieutenant colonel for the second time”.

Pub. L. 118–159, § 505(b)(3)(B)Subsec. (d). , substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the selection board in which the officer is considered as having failed of selection for promotion to the grade of lieutenant commander or major for the second time”.

Pub. L. 118–159, § 505(b)(3)(C)Subsec. (e)(1). , substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the selection board in which the officer is considered as having failed of selection for promotion to the grade of lieutenant or captain, respectively, for the second time”.

Pub. L. 118–312023—Subsec. (a)(2)(A). , which directed the substitution of “Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “President approves the report of the board which considered him for the second time”, was executed by making the substitution for “President approves the report of the selection board in which the officer is considered as having failed for promotion to the grade of captain for a second time”, to reflect the probable intent of Congress.

Pub. L. 115–232, § 807(b)(16)section 6383 of this title2018—, renumbered as this section.

Pub. L. 115–232, § 809(a)Subsec. (c)(2). , substituted “section 8333” for “section 6333”.

Pub. L. 115–232, § 809(a)Subsec. (f). , substituted “section 8323” for “section 6323”.

lPub. L. 115–232, § 809(a)Subsec. (). , substituted “section 8146” for “section 5596”.

Pub. L. 105–261, § 504(c)July 1, 1993October 1, 19991998—Subsec. (a)(5). , struck out par. (5) which read as follows: “Paragraphs (2) through (4) shall be effective only during the period beginning on , and ending on .”

Pub. L. 105–261, § 504(d)July 1, 1993October 1, 1999Subsec. (k). , struck out at end “During the period beginning on , and ending on , an officer of the Navy in the grade of commander or captain whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond age 62 or, if earlier, 28 years of active commissioned service if in the grade of commander or 30 years of active commissioned service if in the grade of captain.”

Pub. L. 103–337, § 503(c)(1)1994—Subsec. (a). , (d)(1), inserted heading and substituted “Except as provided in subsection (k)” for “Except as provided in subsection (i)” in pars. (1) to (4).

Pub. L. 103–337, § 503(c)(2)Subsec. (b). , (d)(2), inserted heading and substituted “Except as provided in subsections (f) and (k)” for “Except as provided in subsection (i)”.

Pub. L. 103–337, § 503(d)(3)Subsec. (c). , inserted heading.

Pub. L. 103–337, § 503(c)(2)Subsec. (d). , (d)(4), inserted heading and substituted “Except as provided in subsections (f) and (k)” for “Except as provided in subsection (i)”.

Pub. L. 103–337, § 503(d)(5)Subsec. (e). , inserted heading.

Pub. L. 103–337, § 503(a)(2)Subsec. (f). , added subsec. (f) and struck out former subsec. (f) which read as follows: “If any officer subject to discharge under subsection (d) or (e) had the permanent status of a warrant officer when first appointed as an officer designated for limited duty, he has the option, instead of being discharged, of reverting to the grade and status he would hold if he had not been so appointed. If any such officer had a permanent grade below the grade of warrant officer, W–1, when first so appointed, he has the option, instead of being discharged, of reverting to the grade and status he would hold if he had not been so appointed but had instead been appointed a warrant officer, W–1.”

Pub. L. 103–337, § 503(a)(2)Subsecs. (g), (h). , added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively.

Pub. L. 103–337, § 503(a)(1)Subsec. (i). , (d)(6), redesignated subsec. (g) as (i) and inserted heading. Former subsec. (i) redesignated (k).

Pub. L. 103–337, § 503(a)(1)lSubsec. (j). , (d)(7), redesignated subsec. (h) as (j) and inserted heading. Former subsec. (j) redesignated ().

Pub. L. 103–337, § 503(a)(1)Subsec. (k). , (b), (d)(8), redesignated subsec. (i) as (k), inserted heading, and substituted “or the discharge under subsection (b) or (d)” for “or the discharge under subsection (d)”.

lPub. L. 103–337, § 503(a)(1)lSubsec. (). , (d)(9), redesignated subsec. (j) as () and inserted heading.

Pub. L. 103–160October 1, 1999October 1, 19951993—Subsecs. (a)(5), (i). substituted “” for “”.

Pub. L. 102–484, § 504(d)July 1, 1993October 1, 1995Subsec. (i). , inserted at end “During the period beginning on , and ending on , an officer of the Navy in the grade of commander or captain whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond age 62 or, if earlier, 28 years of active commissioned service if in the grade of commander or 30 years of active commissioned service if in the grade of captain.”

Pub. L. 101–5101990—Subsec. (h). substituted “section 1174(a)(1)” for “section 1174(a)”.

Pub. L. 99–348, § 203(b)(7)(A)Sept. 8, 1980Sept. 8, 19801986—Subsec. (c)(2). , substituted provision that retired pay be computed under section 6333 for provision that retired pay, in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), before , be at the rate of 2½ percent of the basic pay to which he would have been entitled if serving on active duty in the grade in which he retired, or in the case of an officer who first became a member of a uniformed service, as defined in section 1407(a)(2), on or after , be at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d), which rates were to be multiplied by the number of years of service credited under section 1405, but such retired pay was not to be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay was based.

Pub. L. 99–348, § 203(b)(7)(B)Subsec. (k). , struck out subsec. (k) which provided that retired pay computed under subsec. (c), if not a multiple of $1, was to be rounded to the next lower multiple of $1.

Pub. L. 98–525, § 529(c)(1)1984—Subsec. (a). , substituted “each regular officer of the Navy who is an officer designated for limited duty and who is serving in a grade below the grade of commander and each regular officer of the Marine Corps who is an officer” for “each regular officer of the Navy or Marine Corps”.

Pub. L. 98–525, § 529(c)(2)Subsec. (d). , substituted “Except as provided in subsection (i), each” for “Each”.

Pub. L. 98–525, § 529(c)(3)Subsec. (i). , inserted “or the discharge under subsection (d)” after “the retirement under subsection (a) or (b)” and substituted “An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 20 years active commissioned service, if in the grade of lieutenant or captain, beyond 24 years active commissioned service, if in the grade of lieutenant commander or major, or beyond 28 years active commissioned service, if in the grade of lieutenant colonel, or beyond age 62, whichever is earlier” for “An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 24 years active commissioned service, if in the grade of lieutenant commander or major or 28 years active commissioned service, if in the grade of commander or lieutenant colonel, or beyond age 62, whichever is earlier”.

Pub. L. 98–941983—Subsec. (k). added subsec. (k).

Pub. L. 96–513, § 336(i)1980—, struck out “or severance” before “pay” in section catchline.

Pub. L. 96–513, § 336(a)Subsec. (a). , substituted “Except as provided in subsection (i), each regular officer of the Navy or Marine Corps designated for limited duty” for “Each officer designated for limited duty on the active list of the Navy or Marine Corps”.

Pub. L. 96–513, § 336(b)Subsec. (b). , authorized the discharge of certain officers considered as having failed of selection for promotion and provided that in cases of retirement such retirements were to occur on a date requested by the officer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fiscal year in which such officer was considered as having failed of selection.

Pub. L. 96–513, § 336(c)section 1370 of this titleSubsec. (c)(1). , substituted “determined under ” for “in which he was serving at the time of retirement”.

Pub. L. 96–513, § 513(17)September 8, 1980Subsec. (c)(2). , substituted “” for “the date of the enactment of the Department of Defense Authorization Act, 1981” wherever appearing.

Pub. L. 96–342, designated existing provisions as subpar. (A), inserted provision limiting applicability to officers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B).

Pub. L. 96–513, § 336(d)Subsec. (d). , provided that Navy lieutenants designated for limited duty and Marine Corps captains similarly designated who were considered as having failed of selection for promotion were to be honorably discharged on a date requested by the officer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fiscal year in which he was considered as having failed of selection.

Pub. L. 96–513, § 336(d)Subsec. (e). , designated existing provisions as par. (1), provided that Navy lieutenants (junior grade) designated for limited duty and Marine Corps first lieutenants similarly designated who were considered as having failed of selection for promotion were to be honorably discharged on a date requested by the officer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fiscal year in which he was considered as having failed of selection, and added par. (2).

Pub. L. 96–513, § 336(e)Subsec. (f). , (f), redesignated subsec. (g) as (f), substituted “discharge under subsection (d)” for “retirement or discharge under subsections (b), (d)” and “instead of being discharged” for “instead of being retired or discharged” in two places, and struck out former subsec. (f) authorizing a lump-sum severance payment to certain discharged officers.

Pub. L. 96–513, § 336(f)Subsecs. (g) to (j). –(h), added subsecs. (h) to (j) and redesignated existing subsecs. (g) and (h) as (f) and (g), respectively.

Pub. L. 88–1321963—Subsec. (c)(2). substituted “of” for “to which he would be entitled if serving on active duty in” after “2½ percent of the basic pay”.

Pub. L. 87–5091962—Subsec. (f). limited the lump-sum payment to not more than $15,000.

Pub. L. 86–6161960—Subsec. (d). permits an officer, if he so requests, to be honorably discharged at any time during the fiscal year in which he is considered as having failed of selection for promotion to the grade of lieutenant commander or major for the second time.

Pub. L. 86–616Subsec. (e). permits an officer, if he so requests, to be honorably discharged at any time during the fiscal year in which he is considered as having failed of selection for promotion to the grade of lieutenant or captain for the second time.

Pub. L. 85–422 section 1405 of this title1958—Subsec. (c)(2). substituted “that may be credited to him under ” for “creditable for basic pay”.

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 effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 1983 Amendment

Pub. L. 98–94Oct. 1, 1983section 922(e) of Pub. L. 98–94 section 1401 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

section 336 of Pub. L. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 513(17) of Pub. 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 , and amendment by effective , see , set out as a note under .

Effective Date of 1963 Amendment

Pub. L. 88–132Oct. 1, 1963section 14 of Pub. L. 88–132 section 201 of Title 37Amendment by effective , see , set out as a note under , Pay and Allowances of the Uniformed Services.

Effective Date of 1958 Amendment

Pub. L. 85–422June 1, 1958section 9 of Pub. L. 85–422May 20, 195872 Stat. 130Amendment by effective , see , , .

Transition Provisions Under Defense Officer Personnel Management Act

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