US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 8373

Navy Reserve and Marine Corps Reserve; officers: elimination from active status; computation of total commissioned service

(a)
section 12645 of this title Subject to , an officer in an active status in the Navy Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieutenant, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list may, in the discretion of the Secretary of the Navy, be eliminated from an active status or released from active duty and placed on the reserve active-status list.
(b)
An officer who is to be eliminated from an active status under subsection (a) shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Navy Reserve or the Marine Corps Reserve.
(c)
(1)

Grade

Total commissioned service

Navy

Marine Corps

Commander

Lieutenant colonel

28 years.

Lieutenant commander

Major

20 years.
An officer in an active status in the Navy Reserve in the permanent grade of lieutenant commander or commander, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or lieutenant colonel, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Navy Reserve or the Marine Corps Reserve if he has completed a period of total commissioned service equal to that specified below for the permanent grade in which he is serving:
(2)
Notwithstanding the first sentence of paragraph (1), the Secretary may defer the retirement or discharge of such number of officers serving in the grade of lieutenant commander as are necessary to maintain the authorized officer strength of the Ready Reserve, but the duration of such deferment for any individual officer may not be in excess of five years.
(3)
section 12732 of this title Notwithstanding paragraph (1), the Secretary may defer the retirement or discharge under this subsection of an officer serving in the permanent grade of lieutenant commander or commander in the Navy Reserve or in the permanent grade of major or lieutenant colonel in the Marine Corps Reserve for a period of time which does not exceed the amount of service in an active status which was credited to the officer at the time of his original appointment or thereafter under any provision of law, if the officer can complete at least 20 years of service as computed under during the period of such deferment.
(4)
Notwithstanding paragraph (1), the Secretary may defer the retirement or discharge under this subsection of such number of officers serving in the permanent grade of commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Navy Reserve as are necessary to provide for mobilization requirements.
(d)
For the purposes of subsection (c), the total commissioned service of an officer who has served continuously in the Navy Reserve or the Marine Corps Reserve following appointment therein in the permanent grade of ensign or second lieutenant, as the case may be, shall be computed from June 30 of the fiscal year in which he accepted the appointment. Each other officer is considered to have for this purpose as much total commissioned service as the years of active commissioned service of any regular officer on the active-duty list of the Navy not restricted in the performance of duty, or any regular officer on the active-duty list of the Marine Corps not restricted in the performance of duty, as appropriate, who has served continuously since original appointment as an ensign on the active-duty list of the Navy or as a second lieutenant on the active-duty list of the Marine Corps, has not lost numbers or prec­edence, and is, or has been after , junior to that other officer. However, the total commissioned service that the other officer is considered to have may not be less than the actual number of years he has served as a commissioned officer in a grade above chief warrant officer, W–5.

Pub. L. 85–861, § 1(144)(A)72 Stat. 1509Pub. L. 86–559, § 1(46)74 Stat. 274Pub. L. 96–513, title III, § 337(a)94 Stat. 2900Pub. L. 97–86, title IV, § 405(b)(1)95 Stat. 1105Pub. L. 98–525, title V, § 528(c)98 Stat. 2526Pub. L. 99–145, title V, § 514(b)(1)99 Stat. 628Pub. L. 102–190, div. A, title XI, § 1131(8)(A)105 Stat. 1506Pub. L. 103–337, div. A, title XVI108 Stat. 2962Pub. L. 104–106, div. A, title XV, § 1501(c)(25)110 Stat. 499Pub. L. 109–163, div. A, title V, § 515(b)(1)(M)119 Stat. 3233Pub. L. 115–232, div. A, title VIII, § 807(b)(16)132 Stat. 1836(Added , , , § 6389; amended , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1628, 1673(c)(1), , , 3016; , , ; , (3)(C), , , 3234; renumbered § 8373, , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

6389(a)

50:1311(c) (1st sentence).

Sept. 3, 1954, ch. 1257, § 411(c) (1st sentence), 68 Stat. 1170.

6389(b)

50:1311(a) (as applicable to 1311(c)).

Sept. 3, 1954, ch. 1257, § 411(a) (as applicable to 411(c)), 68 Stat. 1169.

6389(c)

50:1311(c) (2d sentence).

Sept. 3, 1954, ch. 1257, § 411(c) (2d sentence), 68 Stat. 1170.

6389(d)

50:1311(c) (less 1st and 2d sentences).

Sept. 3, 1954, ch. 1257, § 411(c) (less 1st and 2d sentences), 68 Stat. 1170.

6389(e)

[No source].

[No source].

In subsection (a), the words “who is considered as having twice failed of selection for promotion” are substituted for the words “after failing of selection for promotion * * * a second time” to conform to similar statements in this title. (See the revision note on section 5776.) The words “may be retained in” are omitted as surplusage, since the authority to eliminate such officers from an active status is discretionary with the Secretary.

act of June 24, 1952, ch. 45766 Stat. 15534 U.S.C. 21esection 5581 of this titlesection 5665 of this titleSubsection (e) is added to avoid conflict with 50:1311(d) and (e), codified in sections 6397 and 6403 of this title. 50:1311(d) and (e) contain special provisions for “women officers” and officers in the Nurse Corps, respectively, so that officers in these categories must be excepted from this section. Women officers appointed under the (; ) (codified in ), are not “women officers” within the meaning of 50:1311(d), however, but are required to be promoted, retired, or eliminated from active status as if they were men. (See the revision note on .) The application of this section to these officers is therefore made explicit.

Both men and women are eligible for appointment as reserve officers in the Nurse Corps and are subject to the special provisions relating to that corps.

Editorial Notes

Prior Provisions

Pub. L. 89–172, § 179 Stat. 662Pub. L. 103–337, div. A, title XVI, § 1629(c)(1)108 Stat. 2963section 14315 of this titleA prior section 8373, added , , , related to promotion of officers to grades of brigadier general and major general of Air Force Reserve, prior to repeal by , , , effective . See .

Pub. L. 85–861, § 1(178)(C)72 Stat. 1528Pub. L. 86–559, § 1(58)74 Stat. 277Another prior section 8373, added , , ; amended , , , containing similar subject matter, expired by its own terms on .

Amendments

Pub. L. 115–232section 6389 of this title2018— renumbered as this section.

Pub. L. 109–163, § 515(b)(3)(C)2006—, substituted “Navy Reserve” for “Naval Reserve” in section catchline.

Pub. L. 109–163, § 515(b)(1)(M), substituted “Navy Reserve” for “Naval Reserve” wherever appearing in text.

Pub. L. 104–1061996—Subsec. (c). substituted “section 12732” for “section 1332”.

Pub. L. 103–337, § 1673(c)1994—Subsec. (a). , substituted “12645” for “1005”.

Pub. L. 103–337, § 1628(1), inserted “while on the active-duty list” after “to the next higher grade” and “or released from active duty and placed on the reserve active-status list” after “from an active status”.

Pub. L. 103–337, § 1628(2)Subsec. (b). , struck out “or (f)” after “subsection (a)”.

Pub. L. 103–337, § 1628(3)(H)Subsec. (c). , designated last sentence as par. (4) and in that sentence substituted “paragraph (1)” for “the first two sentences of this subsection” and struck out “captain or” after “permanent grade of”.

Pub. L. 103–337, § 1628(3)(G), designated 4th sentence as par. (3) and in that sentence substituted “paragraph (1)” for “the first two sentences of this subsection”.

Pub. L. 103–337, § 1628(3)(F), designated sentence after table as par. (2) and in that sentence substituted “the first sentence of paragraph (1)” for “the first sentence of this subsection”.

Pub. L. 103–337, § 1628(3)(E), in table struck out line relating to grades of captain in Navy and colonel in Marine Corps and substituted “28 years” for “26 years”.

Pub. L. 103–337, § 1628(3)(D), inserted “while on the active-duty list” after “to the next higher grade” in first sentence.

Pub. L. 103–337, § 1628(3)(C), substituted “major or lieutenant colonel” for “major or above” in two places.

Pub. L. 103–337, § 1628(3)(B), substituted “lieutenant commander or commander” for “lieutenant commander or above” in two places.

Pub. L. 103–337, § 1628(3)(A), inserted “(1)” after “(c)”.

Pub. L. 103–337, § 1628(4)Subsec. (e). , struck out subsec. (e) which read as follows: “This section does not apply to women reserve officers or to reserve officers in the Nurse Corps.”

Pub. L. 103–337, § 1628(4)Subsec. (f). , struck out subsec. (f) which provided for transfer or discharge of rear admirals (lower half) in Naval Reserve and brigadier generals in Marine Corps Reserve on completion of 30 years service or five years in grade and for rear admirals in Naval Reserve and major generals in Marine Corps Reserve on completion of 35 years service or five years in grade and provided that rear admirals (lower half) and rear admirals in Naval Reserve and brigadier generals and major generals in Marine Corps Reserve could be considered for early retirement by continuation board. See sections 14508 and 14705 of this title.

Pub. L. 103–337, § 1628(4)Subsec. (g). , struck out subsec. (g) which read as follows: “An officer in an active status in the Naval Reserve in the permanent grade of ensign who is found not qualified for promotion to the grade of lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of second lieutenant who is found not qualified for promotion to the grade of first lieutenant, may (unless he is sooner promoted) be eliminated from an active status.”

Pub. L. 102–1901991—Subsec. (d). substituted “W–5” for “W–4”.

Pub. L. 99–1451985—Subsec. (f)(1), (3). substituted “rear admiral (lower half)” for “commodore”.

Pub. L. 98–5251984—Subsec. (g). added subsec. (g).

Pub. L. 97–861981—Subsec. (f)(1), (3). substituted “commodore” for “commodore admiral”.

Pub. L. 96–513, § 337(a)(1)1980—Subsec. (b). , substituted “subsection (a) or (f)” for “subsection (a)”.

Pub. L. 96–513, § 337(a)(2)Subsec. (d). , substituted “as the years of active commissioned service of any regular officer on the active-duty” for “as any officer in the line on the active” and “or any regular officer on the active-duty list of the Marine Corps” for “or any officer on the active list of the Marine Corps”.

Pub. L. 96–513, § 337(a)(3)section 5581 of this titleSubsec. (e). , substituted “does not apply to” for “applies to women officers appointed under , but not to other”.

Pub. L. 96–513, § 337(a)(4)Subsec. (f). , added subsec. (f).

Pub. L. 86–5591960—Subsec. (c). empowered the Secretary to defer the retirement or discharge of officers serving in the grade of lieutenant commander in the Ready Reserve, in the permanent grade of lieutenant commander or above in the Naval Reserve, in the permanent grade of major or above in the Marine Corps Reserve, and in the permanent grade of captain or commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Naval Reserve.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 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 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c)110 Stat. 498Pub. L. 103–337, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.

Effective Date of 1994 Amendment

section 1673(c)(1) of Pub. L. 103–337section 1628 of Pub. L. 103–337section 1691 of Pub. L. 103–337section 10001 of this titleAmendment by effective , except as otherwise provided, and amendment by effective , see , set out as an Effective Date note under .

Effective Date of 1991 Amendment

Pub. L. 102–190section 1132 of Pub. L. 102–190section 521 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–86section 405(f) of Pub. L. 97–86section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 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 .