§ 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

Footnotes

1. 1 See References in Text note below.

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.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 405, § 6383 · 70A Stat. 405

   Enacted · 10 U.S.C. § 8372

   Aug. 10, 1956, ch. 1041, 70A Stat. 405, § 6383

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 405, § 6383

2. 1958

   Pub. L. 85–422 § 11(a)(6)(D) · 72 Stat. 122

   Substituted · 10 U.S.C. § 8372(c)(2)

   Pub. L. 85–422 substituted “that may be credited to him under section 1405 of this title” for “creditable for basic pay”

   Source evidence

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

   Enacted provision · exact public law section
   (D) 6383 (c)(2).

3. 1960

   Pub. L. 86–616 § 5(2) · 74 Stat. 386

   Changed · 10 U.S.C. § 8372(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 commander or major for the second time

   Source evidence

   Code amendment note
   Subsec. (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 commander or major for the second time.

   Enacted provision · exact public law section
   (2) by adding the following new sentence at the end of each of subsections (d) and (e) of section 6383: “However, if he so requests, he may be honorably discharged at any time during that fiscal year.”;

4. 1960

   Pub. L. 86–616 § 5(2) · 74 Stat. 386

   Changed · 10 U.S.C. § 8372(e)

   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

   Source evidence

   Code amendment note
   Subsec. (e). 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.

   Enacted provision · exact public law section
   (2) by adding the following new sentence at the end of each of subsections (d) and (e) of section 6383: “However, if he so requests, he may be honorably discharged at any time during that fiscal year.”;

5. 1962

   Pub. L. 87–509 § 4(b) · 76 Stat. 120

   Changed · 10 U.S.C. § 8372(f)

   Pub. L. 87–509 limited the lump-sum payment to not more than $15,000

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 87–509 limited the lump-sum payment to not more than $15,000.

   Enacted provision · exact public law section
   (b) Sections 6382(c), 6383(f), 6384(b), and 6401(b) of title 10, United States Code, 70A Stat. 405, 407, 415, 622. section 437(f) of title 14, United States Code, and sections 112(g) and 212(g) of the Officers Personnel Act of 1947 (61 Stat. 808. 825) are each amended by inserting the following new 10 USC 5701 note. sentence at the end thereof: “However, no person is entitled to a lump-sum payment under this section that is more than $15,000.”

6. 1963

   Uniformed Services Pay Act of 1963

   Pub. L. 88–132 § 5(h)(4) · 77 Stat. 194

   Substituted · 10 U.S.C. § 8372(c)(2)

   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”

   Source evidence

   Code amendment note
   Subsec. (c)(2). 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”.

   Enacted provision · exact public law section
   (4) Sections 6151(b), 6323(e), 6325(a)(2) and (b)(2), 6326 (c)(2), 6381(a)(2), 6383(c)(2), 6390(b)(2), and 6394(h) are each amended by striking out the words “to which he would be entitled if serving on active duty in” and inserting in place there of the word “of”.

7. 1980

   Department of Defense Authorization Act, 1981

   Pub. L. 96–342 title VIII § 813(d)(7) · 94 Stat. 1077

   1. Amended · 10 U.S.C. § 8372(c)(2)

      Pub. L. 96–342, designated existing provisions as subpar. (A)

   2. Inserted · 10 U.S.C. § 8372(c)(2)

      Pub. L. 96–342, 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

   3. Added · 10 U.S.C. § 8372(c)(2)

      Pub. L. 96–342, added subpar. (B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (7) Section 6383(c)(2) of such title is amended to read as follows: “(2) is entitled to retired pay— “(A) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) before the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2½ percent of the basic pay to which he would be entitled if serving on active duty in the grade in which he retired; or “(B) in the case of an officer who first became a member of a uniformed service (as defined in section 1407(a)(2) of this title) on or after the date of the enactment of the Department of Defense Authorization Act, 1981, at the rate of 2½ percent of the monthly retired pay base computed under section 1407(d) of this title; Ante, p. 1100. multiplied by the number of years of service that may be credited to him under section 1405 of this title, but the retired pay may 10 USC 1405. not be more than 75 percent of the basic pay or monthly retired pay base upon which the computation of retired pay is based.”.

8. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 336(i) · 94 Stat. 2835

   Struck · 10 U.S.C. § 8372

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

   Source evidence

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

   Enacted provision · exact public law section
   (i) The heading of such section is amended by striking out the penultimate and ante-penultimate words.

9. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 336(a) · 94 Stat. 2835

   Substituted · 10 U.S.C. § 8372(a)

   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”

   Source evidence

   Code amendment note
   Subsec. (a). 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”.

   Enacted provision · exact public law section
   (a) Subsection (a) of section 6383, relating to retirement and discharge of officers designated for limited duty, is amended by striking out “Each officer designated for limited duty on the active list of the Navy or Marine Corps” and inserting in lieu thereof “Except as provided in subsection (i), each regular officer of the Navy or Marine Corps designated for limited duty”.

10. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(b) · 94 Stat. 2835

    Changed · 10 U.S.C. § 8372(b)

    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 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

    Source evidence

    Code amendment note
    Subsec. (b). 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 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.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended to read as follows: “(b) Except as provided in subsection (i), 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 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.”.

11. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(c) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8372(c)(1)

    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”

    Source evidence

    Code amendment note
    Subsec. (c)(1). 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”.

    Enacted provision · exact public law section
    (c) Subsection (c)(1) of such section is amended by striking out “in which he was serving at the time of retirement” and inserting in lieu thereof “determined under section 1370 of this title”. Ante, p. 2876.

12. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 513(17) · 94 Stat. 2835

    Substituted · 10 U.S.C. § 8372(c)(2)

    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

    Source evidence

    Code amendment note
    Subsec. (c)(2). 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.

    Enacted provision · exact public law section
    (17) The following sections are each amended by striking out “the date of the enactment of the Department of Defense Ante, p. 1077. Authorization Act, 1981” each place it appears and inserting in lieu thereof “September 8, 1980”: sections 6151(b), 6151(c), 6322(c), 6323(e), 6325(a)(2), 6325(b)(2), 6326(c)(2), 6330(0, and 6383(c)(2).

13. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(d) · 94 Stat. 2835

    Amended · 10 U.S.C. § 8372(d)

    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 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

    Source evidence

    Code amendment note
    Subsec. (d). 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 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.

    Enacted provision · exact public law section
    (d) Subsections (d) and (e) of such section are amended to read as follows: “(d) 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 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. “(e) (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 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. “(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.”.

14. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(d) · 94 Stat. 2835

    1. Amended · 10 U.S.C. § 8372(e)

       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 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

    2. Added · 10 U.S.C. § 8372(e)

       Pub. L. 96–513, § 336(d), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). 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 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).

    Enacted provision · exact public law section
    (d) Subsections (d) and (e) of such section are amended to read as follows: “(d) 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 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. “(e) (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 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. “(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.”.

15. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(e) · 94 Stat. 2835

    1. Redesignated · 10 U.S.C. § 8372(f)

       Pub. L. 96–513, § 336(e), (f), redesignated subsec. (g) as (f)

    2. Substituted · 10 U.S.C. § 8372(f)

       Pub. L. 96–513, § 336(e), (f), substituted “discharge under subsection (d)” for “retirement or discharge under subsections (b), (d)” in two places

    3. Substituted · 10 U.S.C. § 8372(f)

       Pub. L. 96–513, § 336(e), (f), substituted “instead of being discharged” for “instead of being retired or discharged” in two places

    4. Struck · 10 U.S.C. § 8372(f)

       Pub. L. 96–513, § 336(e), (f), struck out former subsec. (f) authorizing a lump-sum severance payment to certain discharged officers

    Source evidence

    Code amendment note
    Subsec. (f). 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 subsec. (f) authorizing a lump-sum severance payment to certain discharged officers.

    Enacted provision · exact public law section
    (e) Subsection (f) of such section is repealed. Repeal.

16. 1980

    Defense Officer Personnel Management Act

    Pub. L. 96–513 § 336(f) · 94 Stat. 2835

    1. Added · 10 U.S.C. § 8372(g)(j)

       Pub. L. 96–513, § 336(f)–(h), added subsecs. (h) to (j)

    2. Redesignated · 10 U.S.C. § 8372(g)(j)

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

    Source evidence

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

    Enacted provision · exact public law section
    (f) Subsection (g) of such section is redesignated as subsection (f) and is amended— (1) by striking out “retirement or discharge under subsections (b), (d),” in the first sentence and inserting in lieu thereof “discharge under subsection (d)”; and (2) by striking out “retired or” in the first and second sentences.

17. 1983

    Department of Defense Authorization Act, 1984

    Pub. L. 98–94 title IX § 922(a)(11) · 97 Stat. 614

    Added · 10 U.S.C. § 8372(k)

    Pub. L. 98–94 added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 98–94 added subsec. (k).

18. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 529(c)(1) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 8372(a)

    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 Marine Corps”

    Source evidence

    Code amendment note
    Subsec. (a). 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 Marine Corps”.

    Enacted provision · exact public law section
    (1) Subsection (a) of section 6383 of such title is amended by striking out “each regular officer of the Navy or Marine Corps” and inserting in lieu thereof “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”.

19. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 529(c)(2) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 8372(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Subsection (d) of such section is amended by striking out “Each” and inserting in lieu thereof “Except as provided in subsection (i), each”.

20. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 529(c)(3) · 98 Stat. 2492

    1. Inserted · 10 U.S.C. § 8372(i)

       Pub. L. 98–525, § 529(c)(3), inserted “or the discharge under subsection (d)” after “the retirement under subsection (a) or (b)”

    2. Substituted · 10 U.S.C. § 8372(i)

       Pub. L. 98–525, § 529(c)(3), 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”

    Source evidence

    Code amendment note
    Subsec. (i). 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 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”.

    Enacted provision · exact public law section
    (3) Subsection (i) of such section is amended— (A) by inserting “or the discharge under subsection (d)” after “the retirement under subsection (a) or (b)”; and (B) by striking out the second sentence and inserting in lieu thereof the following: “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.”.

21. 1986

    Pub. L. 99–348 § 203(b)(7)(A) · 100 Stat. 682

    Substituted · 10 U.S.C. § 8372(c)(2)

    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 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 Sept. 8, 1980, 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

    Source evidence

    Code amendment note
    Subsec. (c)(2). 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 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 Sept. 8, 1980, 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.

    Enacted provision · exact public law section
    (A) by striking out “retired pay—” in subsection (c)(2) and all that follows in that subsection and inserting in lieu thereof “retired pay computed under section 6333 of this title.”; and

22. 1986

    Pub. L. 99–348 § 203(b)(7)(B) · 100 Stat. 682

    Struck · 10 U.S.C. § 8372(k)

    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

    Source evidence

    Code amendment note
    Subsec. (k). 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.

    Enacted provision · exact public law section
    (B) by striking out subsection (k).

23. 1990

    National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title V § 501(f)(2) · 104 Stat. 1485

    Substituted · 10 U.S.C. § 8372(h)

    Pub. L. 101–510 substituted “section 1174(a)(1)” for “section 1174(a)”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–510 substituted “section 1174(a)(1)” for “section 1174(a)”.

    Enacted provision · exact public law section
    (2) Section 6383(h) of such title is amended by striking out “section 1174(a)” and inserting in lieu thereof “section 1174(a)(1)”.

24. 1992

    National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 504(c) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 8372(a)

       Pub. L. 102–484, § 504(c), designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 8372(a)

       Pub. L. 102–484, § 504(c), added pars. (2) to (5)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 504(c), designated existing provisions as par. (1) and added pars. (2) to (5).

    Enacted provision · exact public law section
    (c) Maximum Tenure.— Subsection (a) of section 6383 of title 10, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following new paragraphs: “(2) Except as provided in subsection (i), 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 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; 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 (i), 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 (i), 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. “(5) Paragraphs (2) through (4) shall be effective only during the period beginning on July 1, 1993, and ending on October 1, 1995.”.

25. 1992

    National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 504(d) · 106 Stat. 2315

    Inserted · 10 U.S.C. § 8372(i)

    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 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.”

    Source evidence

    Code amendment note
    Subsec. (i). 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 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.”

    Enacted provision · exact public law section
    (d) Limitation on Deferred Retirement.— Subsection (i) of section 6383 of such title is amended by adding at the end the following: “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 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.”.

26. 1993

    Pub. L. 103–160 div. A title V § 561(e) · 107 Stat. 1547

    Substituted · 10 U.S.C. § 8372(a)(5); 10 U.S.C. § 8372(a)(i)

    Pub. L. 103–160 substituted “October 1, 1999” for “October 1, 1995”

    Source evidence

    Code amendment note
    Subsecs. (a)(5), (i). Pub. L. 103–160 substituted “October 1, 1999” for “October 1, 1995”.

    Enacted provision · exact public law section
    (e) Retirement of Certain Limited Duty Officers of the Navy.— Sections 633 and 634, and subsection (a)(5) and (i) of section 6383, of title 10, United States Code, are each amended by striking out “October 1, 1995” and inserting in lieu thereof “October 1, 1999”.

27. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(c)(1) · 108 Stat. 2663

    1. Inserted · 10 U.S.C. § 8372(a)

       Pub. L. 103–337, § 503(c)(1), (d)(1), inserted heading

    2. Substituted · 10 U.S.C. § 8372(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). 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).

    Enacted provision · exact public law section
    (1) in subsection (a) by striking out “Except as provided in subsection (i),” each place it appears and inserting in lieu thereof “Except as provided in subsection (k),”; and

28. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(c)(2) · 108 Stat. 2663

    1. Inserted · 10 U.S.C. § 8372(b)

       Pub. L. 103–337, § 503(c)(2), (d)(2), inserted heading

    2. Substituted · 10 U.S.C. § 8372(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). 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)”.

    Enacted provision · exact public law section
    (2) in subsections (b) and (d), by striking out “Except as provided in subsection (i),” and inserting in lieu thereof “Except as provided in subsections (f) and (k),”.

29. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(d)(3) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 8372(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) Subsection (c) is amended by inserting “Retired Grade and Retired Pay.—” after “(c)”.

30. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(c)(2) · 108 Stat. 2663

    1. Inserted · 10 U.S.C. § 8372(d)

       Pub. L. 103–337, § 503(c)(2), (d)(4), inserted heading

    2. Substituted · 10 U.S.C. § 8372(d)

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

    Source evidence

    Code amendment note
    Subsec. (d). 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)”.

    Enacted provision · exact public law section
    (2) in subsections (b) and (d), by striking out “Except as provided in subsection (i),” and inserting in lieu thereof “Except as provided in subsections (f) and (k),”.

31. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(d)(5) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 8372(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    (5) Subsection (e) is amended by striking out “(e)(1)” and inserting in lieu thereof “(e) Officers in Pay Grades 0–2 and 0–1 Who Twice Fail of Selection for Promotion or Are Found Not Qualified for Promotion.—(1)”.

32. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(2) · 108 Stat. 2663

    1. Added · 10 U.S.C. § 8372(f)

       Pub. L. 103–337, § 503(a)(2), added subsec. (f)

    2. Struck · 10 U.S.C. § 8372(f)

       Pub. L. 103–337, § 503(a)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (f). 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 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.”

    Enacted provision · exact public law section
    (2) by striking out subsection (f) and inserting in lieu thereof the following: “(f) 18-Year Retirement Sanctuary.— If 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 section 6323 of this title, 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.”.

33. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(2) · 108 Stat. 2663

    Redesignated · 10 U.S.C. § 8372(g); 10 U.S.C. § 8372(h)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by striking out subsection (f) and inserting in lieu thereof the following: “(f) 18-Year Retirement Sanctuary.— If 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 section 6323 of this title, 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.”.

34. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(1) · 108 Stat. 2663

    1. Redesignated · 10 U.S.C. § 8372(i)

       Pub. L. 103–337, § 503(a)(1), (d)(6), redesignated subsec. (g) as (i)

    2. Redesignated · 10 U.S.C. § 8372(i)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (1), respectively; and

35. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(1) · 108 Stat. 2663

    1. Redesignated · 10 U.S.C. § 8372(j)

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

    2. Redesignated · 10 U.S.C. § 8372(j)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (1), respectively; and

36. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(1) · 108 Stat. 2663

    1. Redesignated · 10 U.S.C. § 8372(k)

       Pub. L. 103–337, § 503(a)(1), (b), (d)(8), redesignated subsec. (i) as (k)

    2. Inserted · 10 U.S.C. § 8372(k)

       Pub. L. 103–337, § 503(a)(1), (b), (d)(8), inserted heading

    3. Substituted · 10 U.S.C. § 8372(k)

       Pub. L. 103–337, § 503(a)(1), (b), (d)(8), substituted “or the discharge under subsection (b) or (d)” for “or the discharge under subsection (d)”

    Source evidence

    Code amendment note
    Subsec. (k). 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)”.

    Enacted provision · exact public law section
    (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (1), respectively; and

37. 1994

    National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 503(a)(1) · 108 Stat. 2663

    1. Redesignated · 10 U.S.C. § 8372(l)

       Pub. L. 103–337, § 503(a)(1), (d)(9), redesignated subsec. (j) as (l)

    2. Inserted · 10 U.S.C. § 8372(l)

       Pub. L. 103–337, § 503(a)(1), (d)(9), inserted heading

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 103–337, § 503(a)(1), (d)(9), redesignated subsec. (j) as (l) and inserted heading.

    Enacted provision · exact public law section
    (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (1), respectively; and

38. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 504(c) · 112 Stat. 1920

    Struck · 10 U.S.C. § 8372(a)(5)

    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.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). 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.”

    Enacted provision · exact public law section
    (c) Years of Active Naval Service.— Section 6383(a) of such title is amended by striking out paragraph (5).

39. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 504(d) · 112 Stat. 1920

    Struck · 10 U.S.C. § 8372(k)

    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 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.”

    Source evidence

    Code amendment note
    Subsec. (k). 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 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.”

    Enacted provision · exact public law section
    (d) Limitations on Selective Retentions.— Section 6383(k) of such title is amended by striking out the last sentence.

40. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 807(b)(16) · 132 Stat. 1636

    Changed · 10 U.S.C. § 8372

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

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 807(b)(16), renumbered section 6383 of this title as this section.

    Enacted provision · exact public law section
    (16) Chapter 573.— Sections 6371, 6383, 6389, 6404, and 6408 are redesignated as sections 8371, 8372, 8373, 8374, and 8375, respectively.

    Effective date note
    Amendment by 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.

41. 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. § 8372(c)(2)

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

    Source evidence

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

    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 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.

42. 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. § 8372(f)

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

    Source evidence

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

    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 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.

43. 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. § 8372(l)

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

    Source evidence

    Code amendment note
    Subsec. (l). 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 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.

44. 2023

    National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title V § 508(b) · 137 Stat. 136

    Substituted · 10 U.S.C. § 8372(a)(2)(A)

    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 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

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). 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 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.

    Enacted provision · exact public law section
    (b) Retirement of Regular Officers of the Navy for Length of Service or Failure of Selection for Promotion.— Section 8372(a)(2)(A) of title 10, United States Code, is amended by striking “President approves the report of the board which considered him for the second time” and inserting “Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public”.

45. 2024

    Pub. L. 118–159 § 505(b)(3)(A) · 138 Stat. 1870

    Substituted · 10 U.S.C. § 8372(b)

    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 failed of selection for promotion to the grade of commander or lieutenant colonel for the second time”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). 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 failed of selection for promotion to the grade of commander or lieutenant colonel for the second time”.

46. 2024

    Pub. L. 118–159 § 505(b)(3)(B) · 138 Stat. 1870

    Substituted · 10 U.S.C. § 8372(d)

    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 failed of selection for promotion to the grade of lieutenant commander or major for the second time”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). 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 failed of selection for promotion to the grade of lieutenant commander or major for the second time”.

47. 2024

    Pub. L. 118–159 § 505(b)(3)(C) · 138 Stat. 1870

    Substituted · 10 U.S.C. § 8372(e)(1)

    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 failed of selection for promotion to the grade of lieutenant or captain, respectively, for the second time”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(1). 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 failed of selection for promotion to the grade of lieutenant or captain, respectively, for the second time”.

60 of 65 references resolved to an enrolled provision · 2 partial · 3 unresolved