The law › Title 10, Armed Forces › Chapter 843
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
Created in 1958 by Public Law 85-422. Changed by 16 later laws. No bill we track in this Congress changes it.
1 other section of the Code cite this one, including 10 U.S.C. 634.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2024
- Pub. L. 118–159, §505(b)(3)(A), 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 fa… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
- Pub. L. 118–159, §505(b)(3)(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 fa… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
- Pub. L. 118–159, §505(b)(3)(C), 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… (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (e)
2023
- Pub. L. 118–31, 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 execu… (National Defense Authorization Act for Fiscal Year 2024) Law text · (a)
2018
- Pub. L. 115–232, §807(b)(16), renumbered section 6383 of this title as this section. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text
- Pub. L. 115–232, §809(a), substituted "section 8333" for "section 6333". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (c)
- Pub. L. 115–232, §809(a), substituted "section 8323" for "section 6323". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (f)
- Pub. L. 115–232, §809(a), substituted "section 8146" for "section 5596". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (l)
1998
- Pub. L. 105–261, §504(c), struck out par. (5) which read as follows: "Paragraphs (2) through (4) shall be effective only during the period beginning on July 1, 1993, and ending on October 1, 1999." (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (a)
- Pub. L. 105–261, §504(d), struck out at end "During the period beginning on July 1, 1993, and ending on October 1, 1999, 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 contin… (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (k)
1994
- Pub. L. 103–337, §503(c)(1), (d)(1), inserted heading and substituted "Except as provided in subsection (k)" for "Except as provided in subsection (i)" in pars. (1) to (4). · (a)
- Pub. L. 103–337, §503(c)(2), (d)(2), inserted heading and substituted "Except as provided in subsections (f) and (k)" for "Except as provided in subsection (i)". · (b)
- Pub. L. 103–337, §503(d)(3), inserted heading. · (c)
- Pub. L. 103–337, §503(c)(2), (d)(4), inserted heading and substituted "Except as provided in subsections (f) and (k)" for "Except as provided in subsection (i)". · (d)
- Pub. L. 103–337, §503(d)(5), inserted heading. · (e)
- Pub. L. 103–337, §503(a)(2), 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 … · (f)
- Pub. L. 103–337, §503(a)(2), added subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (i) and (j), respectively. · (g), (h)
- Pub. L. 103–337, §503(a)(1), (d)(6), redesignated subsec. (g) as (i) and inserted heading. Former subsec. (i) redesignated (k). · (i)
- Pub. L. 103–337, §503(a)(1), (d)(7), redesignated subsec. (h) as (j) and inserted heading. Former subsec. (j) redesignated (l). · (j)
- Pub. L. 103–337, §503(a)(1), (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)". · (k)
- Pub. L. 103–337, §503(a)(1), (d)(9), redesignated subsec. (j) as (l) and inserted heading. · (l)
1993
- Pub. L. 103–160 substituted "October 1, 1999" for "October 1, 1995". · (a), (i)
1992
- Pub. L. 102–484, §504(c), designated existing provisions as par. (1) and added pars. (2) to (5). · (a)
- Pub. L. 102–484, §504(d), inserted at end "During the period beginning on July 1, 1993, and ending on October 1, 1995, 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 continue… · (i)
1990
- Pub. L. 101–510 substituted "section 1174(a)(1)" for "section 1174(a)". · (h)
1986
- Pub. L. 99–348, §203(b)(7)(A), 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 Sept. 8, 1980, be at the rate of … · (c)
- Pub. L. 99–348, §203(b)(7)(B), 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. · (k)
1984
- Pub. L. 98–525, §529(c)(1), 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 Ma… · (a)
- Pub. L. 98–525, §529(c)(2), substituted "Except as provided in subsection (i), each" for "Each". · (d)
- Pub. L. 98–525, §529(c)(3), 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… · (i)
1983
- Pub. L. 98–94 added subsec. (k). · (k)
1980
- Pub. L. 96–513, §336(i), struck out "or severance" before "pay" in section catchline.
- Pub. L. 96–513, §336(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". · (a)
- Pub. L. 96–513, §336(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 bu… · (b)
- Pub. L. 96–513, §336(c), substituted "determined under section 1370 of this title" for "in which he was serving at the time of retirement". · (c)
- Pub. L. 96–513, §513(17), substituted "September 8, 1980" for "the date of the enactment of the Department of Defense Authorization Act, 1981" wherever appearing. · (c)
- 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). · (c)
- Pub. L. 96–513, §336(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 b… · (d)
- Pub. L. 96–513, §336(d), 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 di… · (e)
- Pub. L. 96–513, §336(e), (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 subse… · (f)
- Pub. L. 96–513, §336(f)–(h), added subsecs. (h) to (j) and redesignated existing subsecs. (g) and (h) as (f) and (g), respectively. · (g), (h), (i), (j)
1963
- Pub. L. 88–132 substituted "of" for "to which he would be entitled if serving on active duty in" after "2½ percent of the basic pay". · (c)
1962
- Pub. L. 87–509 limited the lump-sum payment to not more than $15,000. · (f)
1960
- Pub. L. 86–616 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. · (d)
- Pub. L. 86–616 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. · (e)
1958
- Pub. L. 85–422 substituted "that may be credited to him under section 1405 of this title" for "creditable for basic pay". · (c)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.