Title 10 — Armed Forces

Part II · Chapter 815 — Original Appointments

§ 8139. Regular Navy and Regular Marine Corps: officers designated for limited duty

Statutory text

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 section 8090(b) of this title and designated by the Secretary for the purposes of this section may be made from—

warrant officers;

chief petty officers; and

first-class petty officers;

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

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

warrant officers;

master sergeants; and

technical sergeants;

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

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.

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

is on the active-duty list;

holds a permanent enlisted or warrant officer grade;

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

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 section 8146 of this title.

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

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.

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

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;

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

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.

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589 · 70A Stat. 326
Enacted · 10 U.S.C. § 8139
Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589
1961
Pub. L. 87–123 § 5(10) · 75 Stat. 263
Struck · 10 U.S.C. § 8139(e)(3)
Pub. L. 87–123 struck out “be designated for supply duty or” before “be assigned to”
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 87–123 struck out “be designated for supply duty or” before “be assigned to”.
Enacted provision · exact public law section
(10) Section 5589(e)(3) is amended by striking out the words “be designated for supply duty or”.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 § 325(1) · 94 Stat. 2835
Substituted · 10 U.S.C. § 8139(a)
Pub. L. 96–513, § 325(1), 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 section 5155(b) of this title 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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–513, § 325(1), 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 section 5155(b) of this title 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”.
Enacted provision · exact public law section
(1) by striking out that portion of subsection (a) preceding clause (1) and inserting in lieu thereof the following: “(a) 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 section 5155(b) Post, p. 2902. of this title and designated by the Secretary for the purposes of this section may be made from—
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 § 325(2) · 94 Stat. 2835
Substituted · 10 U.S.C. § 8139(b)
Pub. L. 96–513, § 325(2), 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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–513, § 325(2), 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”.
Enacted provision · exact public law section
(2) by striking out that portion of subsection (b) preceding clause (1) and inserting in lieu thereof the following: “(b) Original appointments as regular officers of the Marine Corps in a grade below major may be made from—and
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 § 325(3) · 94 Stat. 2835
Inserted · 10 U.S.C. § 8139(c)
Pub. L. 96–513, § 325(3), inserted “the qualifications specified in section 532(a) of this title and have”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–513, § 325(3), inserted “the qualifications specified in section 532(a) of this title and have”.
Enacted provision · exact public law section
(3) by inserting “the qualifications specified in section 532(a) of this title and have” in subsection (c) after “must have”. Ante, p. 2845.
1986
Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title V § 514(c)(3) · 100 Stat. 992
Substituted · 10 U.S.C. § 8139(a)
Pub. L. 99–433 substituted “section 5150(b)” for “section 5155(b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–433 substituted “section 5150(b)” for “section 5155(b)”.
Enacted provision · exact public law section
(3) Sections 5589(a) and 6027 are amended by striking out “section 5155(b)” and inserting in lieu thereof “section 5150(b)”.
1994
National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 div. A title V § 502 · 108 Stat. 2663
1. Added · 10 U.S.C. § 8139(c)(g)
  Pub. L. 103–337 added subsec. (c)
2. Redesignated · 10 U.S.C. § 8139(c)(g)
  Pub. L. 103–337 redesignated former subsecs. (c) to (f) as (d) to (g), respectively
Source evidence
Code amendment note
Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Enacted provision · exact public law section
SEC. 502. AUTHORITY FOR ORIGINAL REGULAR APPOINTMENTS OF NAVY AND MARINE CORPS LIMITED DUTY OFFICERS SERVING IN GRADES ABOVE PAY GRADE O–3 UNDER TEMPORARY APPOINTMENTS. Section 5589 of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(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) is designated for limited duty under subsection (a) of section 5596 of this title; and “(D) 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 section 5596 of this title.”.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 807(b)(4) · 132 Stat. 1636
Changed · 10 U.S.C. § 8139
Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section.
Enacted provision · exact public law section
(4) Chapter 539.— Sections 5582, 5585, 5587, 5587a, 5589, and 5596 are redesignated as sections 8132, 8135, 8137, 8138, 8139, and 8146, respectively.
Effective date note
Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8139(a)
Pub. L. 115–232, § 809(a), substituted “section 8090(b)” for “section 5150(b)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8090(b)” for “section 5150(b)” in introductory provisions.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 809(a) · 132 Stat. 1636
Substituted · 10 U.S.C. § 8139(c)(2)(C); 10 U.S.C. § 8139(c)(2)(D)
Pub. L. 115–232, § 809(a), substituted “section 8146” for “section 5596”
Source evidence
Code amendment note
Subsec. (c)(2)(C), (D). Pub. L. 115–232, § 809(a), substituted “section 8146” for “section 5596”.
Enacted provision · exact public law section
(a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.
Effective date note
Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 512 · 132 Stat. 1636
Substituted · 10 U.S.C. § 8139(d)
Pub. L. 115–232, § 512, substituted “8 years” for “10 years”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–232, § 512, substituted “8 years” for “10 years”.
Enacted provision · exact public law section
SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL SERVICE REQUIRED FOR PERMANENT APPOINTMENT AS A LIMITED DUTY OFFICER. Section 5589(d) of title 10, United States Code, is amended by striking “10 years” and inserting “8 years”.
Effective date note
Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

11 of 12 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

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.

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

Editorial Notes

Amendments1961–2018 · 5 rounds

2018

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

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

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

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

1994

Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

1986

Subsec. (a). Pub. L. 99–433 substituted “section 5150(b)” for “section 5155(b)”.

1980

Subsec. (a). Pub. L. 96–513, § 325(1), 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 section 5155(b) of this title 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”.

Subsec. (b). Pub. L. 96–513, § 325(2), 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”.

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

1961

Subsec. (e)(3). Pub. L. 87–123 struck out “be designated for supply duty or” before “be assigned to”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 1980 Amendment

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

Transition Provisions Under Defense Officer Personnel Management Act

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

Credits

1956–2018 · 6 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589
1961Pub. L. 87–123, § 5(10), Aug. 3, 1961, 75 Stat. 265
1980Pub. L. 96–513, title III, § 325, Dec. 12, 1980, 94 Stat. 2893
1986Pub. L. 99–433, title V, § 514(c)(3), Oct. 1, 1986, 100 Stat. 1055
1994Pub. L. 103–337, div. A, title V, § 502, Oct. 5, 1994, 108 Stat. 2748
2018renumbered § 8139 and amended Pub. L. 115–232, div. A, title V, § 512, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589; Pub. L. 87–123, § 5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96–513, title III, § 325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99–433, title V, § 514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103–337, div. A, title V, § 502, Oct. 5, 1994, 108 Stat. 2748; renumbered § 8139 and amended Pub. L. 115–232, div. A, title V, § 512, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.)