US (United States) Code. Title 10. Subtitle C. Part II. Chapter 573: Involuntary retirement, separation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 42 páginas
publicidad

-CITE-

10 USC CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION,

AND FURLOUGH 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

.

-HEAD-

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-MISC1-

Sec.

6371. Mandatory retirement: Superintendent of the United States

Naval Academy.

(6372 to 6382. Repealed.)

6383. 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.

(6384 to 6388. Repealed.)

6389. Naval Reserve and Marine Corps Reserve; officers: elimination

from active status; computation of total commissioned service.

(6390 to 6403. Repealed.)

6404. Treatment of fractions of years of service in computing

retired pay and separation pay.

(6405 to 6407. Repealed.)

6408. Navy and Marine Corps; warrant officers, W-1: limitation on

dismissal.

(6409, 6410. Repealed.)

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title V, Sec. 532(a)(4)(C), Oct.

5, 1999, 113 Stat. 604, added item 6371.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1673(b)(4), Oct.

5, 1994, 108 Stat. 3016, struck out items 6391 ''Naval Reserve and

Marine Corps Reserve; officers: retirement at age 62'', 6392

''Retention in active status of certain officers'', 6397 ''Naval

Reserves; officers in the Nurse Corps: elimination from active

status'', 6403 ''Naval Reserve and Marine Corps Reserve; women

officers: elimination from active status'', and 6410 ''Naval

Reserve and Marine Corps Reserve; officers: elimination from active

status to provide a flow of promotion''.

1987 - Pub. L. 100-180, div. A, title VII, Sec. 717(b)(2), Dec.

4, 1987, 101 Stat. 1114, added item 6392.

1980 - Pub. L. 96-513, title V, Sec. 503(48), Dec. 12, 1980, 94

Stat. 2915, struck out items 6371 ''Regular Navy; line rear

admirals not restricted in performance of duty; continuation on

active list; retirement'', 6372 ''Regular Navy; line rear admirals

restricted in performance of duty and staff corps rear admirals:

retention on active list; retirement'', 6373 ''Regular Marine

Corps; major generals: retention on active list; retirement'', 6374

''Regular Marine Corps: brigadier generals: retirement for failures

of selection for promotion'', 6376 ''Regular Navy, line captains

not restricted in performance of duty; Regular Marine Corps,

colonels: retirement for length of service'', 6377 ''Regular Navy,

line captains restricted in performance of duty, staff corps

captains, and Nurse Corps commanders; Regular Marine Corps,

colonels designated for supply duty; retirement for length of

service'', 6378 ''Regular Navy, line captains restricted in

performance of duty, staff corps captains, and Nurse Corps

commanders: continuation on active list; retirement'', 6379

''Regular Navy, commanders; Regular Marine Corps. lieutenant

colonels: retirement for length of service and failures of

selection for promotion'', 6380 ''Regular Navy, lieutenant

commanders; Regular Marine Corps, majors: retirement for length of

service and failures of selection for promotion'', 6381 ''Officers

retired under preceding sections; retired grade and pay; general

rule'', and 6382 ''Regular Navy, lieutenants and lieutenants

(junior grade); Regular Marine Corps, captains and first

lieutenants: discharge for failures of selection for promotion;

severance pay'', substituted ''retired pay'' for ''retired or

severance pay'' in item 6383, struck out items 6384 ''Regular Navy

and Regular Marine Corps; officers having less than 20 years of

service: discharge for unsatisfactory performance of duty;

severance pay; reversion of limited duty officers to prior

status'', 6385 ''Officers appointed under sections 5231, 5232,

5787, or 5787d of this title; grade for purpose of preceding

sections'', 6386 ''Suspension: preceding sections'', 6387 ''Regular

Navy, male line officers: Regular Marine Corps, male officers:

computation of total commissioned service'', 6388 ''Regular Navy;

certain staff corps officers: computation of total commissioned

service'', 6390 ''Regular Navy and Regular Marine Corps; officers:

retirement at age 62'', 6392 ''Regular Navy and Regular Marine

Corps, officers having less than three years of service: revocation

of appointments; reversion of certain officers to prior status'',

6393 ''Regular Navy and Regular Marine Corps; women officers:

termination of appointments'', 6394 ''Regular Navy, rear admirals

and commodores; Regular Marine Corps, major generals and brigadier

generals: retirement on recommendation of board'', 6395 ''Regular

Navy and Regular Marine Corps; officers having less than 20 years

of service: discharge during war or emergency for unsatisfactory

performance of duty'', 6396 ''Regular Navy; officers in Nurse Corps

in grades below commander: retirement or discharge'', 6398

''Regular Navy; women captains and commanders; Regular Marine

Corps; women colonels and lieutenant colonels: retirement for

length of service: retired grade and pay'', 6400 ''Regular Navy,

women lieutenant commanders; Regular Marine Corps, women majors:

retirement for length of service; retired grade and pay'', 6401

''Regular Navy, women lieutenants; Regular Marine Corps, women

captains: discharge for length of service; severance pay'', and

6402 ''Regular Navy, women lieutenants (junior grade); Regular

Marine Corps, women first lieutenants: discharge for length of

service; severance pay'', substituted ''separation pay'' for

''severance pay'' in item 6404, and struck out item 6407

''Communication with selection board''.

1978 - Pub. L. 95-377, Sec. 8(d), Sept. 19, 1978, 92 Stat. 721,

inserted reference to section 5787d in item 6385.

1970 - Pub. L. 91-482, Sec. 2E, Oct. 21, 1970, 84 Stat. 1082,

struck out item 6406 ''Regular Navy and Regular Marine Corps;

officers: furlough; furlough pay''.

1968 - Pub. L. 90-235, Sec. 3(b)(5), 4(a)(13), Jan. 2, 1968, 81

Stat. 758, 760, struck out item 6405 ''Effect of acceptance of

appointment in Foreign Service'', and item 6409 ''Navy and Marine

Corps; warrant officers: suspension of laws for mandatory

retirement and separation during war or emergency''.

1967 - Pub. L. 90-130, Sec. 1(24)(B), (G), (H), Nov. 8, 1967, 81

Stat. 380, 382 struck out ''or for age'' after ''length of

service'' in item 6377, substituted ''officers in Nurse Corps in

grades below commander: retirement or discharge'' for ''officers in

Nurse Corps: retirement for age or length of service; retired grade

and pay'' in item 6396, substituted ''Regular Navy; women captains

and commanders; Regular Marine Corps; women colonels and lieutenant

colonels: retirement for length of service; retired grade and pay''

for ''Regular Navy, women commanders; Regular Marine Corps, women

lieutenant colonels: retirement for age of length or service;

retired grade and pay'' in item 6398, and eliminated item 6399

which read: ''Regular Navy, women lieutenant commanders and below;

Regular Marine Corps, women majors and below: retirement at age 50;

retired grade and pay''.

1961 - Pub. L. 87-123, Sec. 5(30), Aug. 3, 1961, 75 Stat. 267,

struck out ''not restricted in performance of duty'' after

''brigadier generals'' and ''colonels'' in items 6374 and 6376,

respectively, ''; Regular Marine Corps, colonels designated for

supply duty'' after ''Nurse Corps commanders;'' in items 6377 and

6378, and struck out item 6375 ''Regular Marine Corps; brigadier

generals designated for supply duty: retention on active list;

retirement''.

1958 - Pub. L. 85-861, Sec. 1(144)(G), Sept. 2, 1958, 72 Stat.

1512, added items 6389, 6391, 6397, 6403, 6410.

1957 - Pub. L. 85-155, title II, Sec. 201(14), Aug. 21, 1957, 71

Stat. 383, included Nurse Corps commanders and retirement for age

in item 6377, and included Nurse Corps commanders in item 6378.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 12645, 12646, 12647 of

this title.

-CITE-

10 USC Sec. 6371 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

Sec. 6371. Mandatory retirement: Superintendent of the United

States Naval Academy

-STATUTE-

Upon the termination of the detail of an officer to the position

of Superintendent of the United States Naval Academy, the Secretary

of the Navy shall retire the officer under any provision of chapter

571 of this title under which the officer is eligible to retire.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 532(a)(2)(A), Oct. 5,

1999, 113 Stat. 603.)

-MISC1-

PRIOR PROVISIONS

A prior section 6371, act Aug. 10, 1956, ch. 1041, 70A Stat. 399,

related to consideration for continuation on active list of Regular

Navy line rear admirals not restricted in performance of duty,

prior to repeal by Pub. L. 96-513, title III, Sec. 335, title VII,

Sec. 701, Dec. 12, 1980, 94 Stat. 2898, 2955, effective Sept. 15,

1981.

APPLICATION OF SECTION TO SUPERINTENDENTS SERVING ON OCTOBER 5,

1999

Section not applicable to an officer serving on Oct. 5, 1999, in

the position of Superintendent of the United States Military

Academy, Naval Academy, or Air Force Academy for so long as that

officer continues on and after that date to serve in that position

without a break in service, see section 532(a)(5) of Pub. L.

106-65, set out as a note under section 3921 of this title.

-CITE-

10 USC Sec. 6372 to 6374 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6372 to 6374. Repealed. Pub. L. 96-513, title III, Sec. 335,

Dec. 12, 1980, 94 Stat. 2898)

-MISC1-

Section 6372, act Aug. 10, 1956, ch. 1041, 70A Stat. 400, related

to retirement and possible retention on active list of line rear

admirals restricted in performance of duty and staff corps rear

admirals in Regular Navy. See section 637 of this title.

Section 6373, act Aug. 10, 1956, ch. 1041, 70A Stat. 400, related

to retirement and possible retention on active list of major

generals in Regular Marine Corps. See section 637 of this title.

Section 6374, acts Aug. 10, 1956, ch. 1041, 70A Stat. 401; Aug.

3, 1961, Pub. L. 87-123, Sec. 5(25), 75 Stat. 266, related to

retirement for failures of selection for promotion of brigadier

generals in Regular Marine Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6375 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6375. Repealed. Pub. L. 87-123, Sec. 5(26), Aug. 3, 1961, 75

Stat. 266)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 401, provided for

retirement of Marine Corps brigadier generals designated for supply

duty after specified years of service, their retention on active

list with board approval and computation of their years of service

in grade.

-CITE-

10 USC Sec. 6376 to 6382 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6376 to 6382. Repealed. Pub. L. 96-513, title III, Sec. 335,

Dec. 12, 1980, 94 Stat. 2898)

-MISC1-

Section 6376, acts Aug. 10, 1956, ch. 1041, 70A Stat. 402; Aug.

3, 1961, Pub. L. 87-123, Sec. 5(27), 75 Stat. 266; Nov. 8, 1967,

Pub. L. 90-130, Sec. 1(24)(A), 81 Stat. 380, related to retirement

for length of service of Regular Navy line captains not restricted

in performance duty and Regular Marine Corps colonels. See section

634 of this title.

Section 6377, acts Aug. 10, 1956, ch. 1041, 70A Stat. 402; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(15), 71 Stat. 384;

Aug. 3, 1961, Pub. L. 87-123, Sec. 5(28), 75 Stat. 266; Sept. 30,

1966, Pub. L. 89-609, Sec. 1(16), (17), 80 Stat. 853; Nov. 8, 1967,

Pub. L. 90-130, Sec. 1(24)(B), (C), 81 Stat. 380, related to

retirement for length of service of Regular Navy line captains

restricted in performance of duty, staff corps captains, and Nurse

Corps commanders. See sections 633 and 634 of this title.

Section 6378, acts Aug. 10, 1956, ch. 1041, 70A Stat. 403; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(16), 71 Stat. 384;

Aug. 3, 1961, Pub. L. 87-123, Sec. 5(29), 75 Stat. 267; Dec. 8,

1967, Pub. L. 90-179, Sec. 12, 81 Stat. 549, related to

consideration for continuation on active list of Regular Navy line

captains restricted in performance of duty, staff corps captains,

and Nurse Corps commanders. See section 637 of this title.

Section 6379, acts Aug. 10, 1956, ch. 1041, 70A Stat. 404; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(17), 71 Stat. 384;

Nov. 8, 1967, Pub. L. 90-130, Sec. 1(24)(D), 81 Stat. 380, related

to retirement for length of service and for failures of selection

for promotion of Regular Navy commanders and Regular Marine Corps

lieutenant colonels. See section 633 of this title.

Section 6380, act Aug. 10, 1956, ch. 1041, 70A Stat. 404, related

to retirement for length of service and for failures of selection

for promotion of Regular Navy lieutenant commanders and Regular

Marine Corps majors. See section 632 of this title.

Section 6381, acts Aug. 10, 1956, ch. 1041, 70A Stat. 404; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(18), 71 Stat. 384; May

20, 1958, Pub. L. 85-422, Sec. 11(a)(6)(C), 71 Stat. 131; Oct. 2,

1963, Pub. L. 88-132, Sec. 5(h)(4), 77 Stat. 214; Sept. 8, 1980,

Pub. L. 96-342, title VIII, Sec. 813(d)(6), 94 Stat. 1106, related

to retirement grade and pay of officers retired under former

sections 6371 to 6380 of this title. See section 642 of this

title.

Section 6382, acts Aug. 10, 1956, ch. 1041, 70A Stat. 405; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(19), 71 Stat. 384;

July 12, 1960, Pub. L. 86-616, Sec. 5(1), 74 Stat. 390; June 28,

1962, Pub. L. 87-509; Sec. 4(b), 76 Stat. 121, related to discharge

for failures of selection for promotion of Regular Navy lieutenant

and lieutenants (junior grade) and Regular Marine Corps captains

and first lieutenants. See section 631 and section 632 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6383 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

Sec. 6383. 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

-STATUTE-

(a) Mandatory Retirement. - (1) Except as provided in subsection

(k), each regular officer of the Navy who is an officer designated

for limited duty and who is serving in a grade below the grade of

commander and each regular officer of the Marine Corps who is an

officer designated for limited duty shall be retired on the last

day of the month following the month in which he completes 30 years

of active naval service, exclusive of active duty for training in a

reserve component.

(2) Except as provided in subsection (k), each regular officer of

the Navy designated for limited duty who is serving in the grade of

commander, has failed of selection for promotion to the grade of

captain for the second time, and is not on a list of officers

recommended for promotion to the grade of captain shall -

(A) if eligible for retirement as a commissioned officer under

any provision of law, be retired under that provision of law on

the date requested by the officer and approved by the Secretary

of the Navy, except that the date of retirement may not be later

than the first day of the seventh month beginning after the month

in which the 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 (k), if not retired earlier,

a regular officer of the Navy designated for limited duty who is

serving in the grade of commander and is not on a list of officers

recommended for promotion to the grade of captain shall be retired

on the last day of the month following the month in which the

officer completes 35 years of active naval service, exclusive of

active duty for training in a reserve component.

(4) Except as provided in subsection (k), each regular officer of

the Navy designated for limited duty who is serving in the grade of

captain shall, if not retired sooner, be retired on the last day of

the month following the month in which the officer completes 38

years of active naval service, exclusive of active duty for

training in a reserve component.

(b) Lieutenant Commanders and Majors Who Twice Fail of Selection

for Promotion. - Except as provided in subsections (f) and (k),

each regular officer on the active-duty list of the Navy serving in

the grade of lieutenant commander who is an officer designated for

limited duty, and each regular officer on the active-duty list of

the Marine Corps serving in the grade of major who is an officer

designated for limited duty, who is considered as having failed of

selection for promotion to the grade of commander or lieutenant

colonel, respectively, for the second time and whose name is not on

a promotion list shall be retired, if eligible to retire, or be

discharged on the date requested by the officer and approved by the

Secretary of the Navy, but not later than the first day of the

seventh calendar month beginning after the month in which the

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.

(c) Retired Grade and Retired Pay. - Each officer retired under

subsection (a) or (b) -

(1) unless otherwise entitled to a higher grade, shall be

retired in the grade determined under section 1370 of this title;

and

(2) is entitled to retired pay computed under section 6333 of

this title.

(d) Navy Lieutenants and Marine Corps Captains Who Twice Fail of

Selection for Promotion. - Except as provided in subsections (f)

and (k), each regular officer on the active-duty list of the Navy

serving in the grade of lieutenant who is an officer designated for

limited duty, and each regular officer on the active duty list of

the Marine Corps serving in the grade of captain who is an officer

designated for limited duty, who is considered as having failed of

selection for promotion to the grade of lieutenant commander or

major for the second time and whose name is not on a list of

officers recommended for promotion shall be honorably discharged on

the date requested by the officer and approved by the Secretary of

the Navy, but not later than the first day of the seventh calendar

month beginning after the month in which the 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) Officers in Pay Grades O-2 and O-1 Who Twice Fail of

Selection for Promotion or Are Found Not Qualified for Promotion. -

(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.

(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.

(i) Determination of Grade and Status of Officers Reverting to

Prior Status. - In any computation to determine the grade and

status to which an officer may revert under this section, all

active service as an officer designated for limited duty or as a

temporary or reserve officer is included.

(j) Separation Pay for Officers Discharged. - An officer

discharged under this section is entitled, if eligible therefor, to

separation pay under section 1174(a)(1) of this title.

(k) Selective Retention Boards for LDOs. - Under such regulations

as he may prescribe, whenever the needs of the service require, the

Secretary of the Navy may defer the retirement under subsection (a)

or (b) or the discharge under subsection (b) or (d) of any officer

designated for limited duty upon recommendation of a board of

officers convened under section 611(b) of this title and with the

consent of the officer concerned. An officer whose retirement is

deferred under this subsection and who is not subsequently promoted

may not be continued on active duty beyond 20 years active

commissioned service, if in the grade of lieutenant or captain,

beyond 24 years active commissioned service, if in the grade of

lieutenant commander or major, or beyond 28 years active

commissioned service, if in the grade of lieutenant colonel, or

beyond age 62, whichever is earlier.

(l) Applicability of Section Only to Permanent LDOs. - This

section does not apply to officers designated for limited duty

under section 5596 of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 405; Pub. L. 85-422, Sec.

11(a)(6)(D), May 20, 1958, 72 Stat. 131; Pub. L. 86-616, Sec. 5(2),

July 12, 1960, 74 Stat. 390; Pub. L. 87-509, Sec. 4(b), June 28,

1962, 76 Stat. 121; Pub. L. 88-132, Sec. 5(h)(4), Oct. 2, 1963, 77

Stat. 214; Pub. L. 96-342, title VIII, Sec. 813(d)(7), Sept. 8,

1980, 94 Stat. 1106; Pub. L. 96-513, title III, Sec. 336, title V,

Sec. 513(17), Dec. 12, 1980, 94 Stat. 2898, 2932; Pub. L. 98-94,

title IX, Sec. 922(a)(11), Sept. 24, 1983, 97 Stat. 642; Pub. L.

98-525, title V, Sec. 529(c), Oct. 19, 1984, 98 Stat. 2526; Pub. L.

99-348, title II, Sec. 203(b)(7), July 1, 1986, 100 Stat. 696; Pub.

L. 101-510, div. A, title V, Sec. 501(f)(2), Nov. 5, 1990, 104

Stat. 1551; Pub. L. 102-484, div. A, title V, Sec. 504(c), (d),

Oct. 23, 1992, 106 Stat. 2403, 2404; Pub. L. 103-160, div. A,

title V, Sec. 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L.

103-337, div. A, title V, Sec. 503, Oct. 5, 1994, 108 Stat. 2749;

Pub. L. 105-261, div. A, title V, Sec. 504(c), (d), Oct. 17, 1998,

112 Stat. 2004.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6383(a)-(h) 34 U.S.C. 410j(a). Aug. 7, 1947, ch.

512, Sec. 312(a),

61 Stat. 858.

34 U.S.C. 626-1(a) Aug. 7, 1947, ch.

(1st sentence). 512, Sec. 314(a)

(1st sentence), 61

Stat. 863; May 5,

1954, ch. 180, Sec.

205, 68 Stat. 68.

34 U.S.C. 626-1(o). Aug. 7, 1947, ch.

512, Sec. 314(o),

61 Stat. 865.

34 U.S.C. 3c(b) (1st Aug. 7, 1947, ch.

sentence). 512, Sec. 302(b)

(1st sentence), 61

Stat. 829.

6383(a) 34 U.S.C. 410j(d). Aug. 7, 1947, ch.

512, Sec. 312(d),

61 Stat. 859.

6383(b) 34 U.S.C. 410j(f) Aug. 7, 1947, ch.

(less provisos). 512, Sec. 312(f)

(less provisos), 61

Stat. 859.

6383(c) 34 U.S.C. 389 (1st R.S. 1457 (1st

sentence as sentence as

applicable to applicable to

grade). grade).

34 U.S.C. 410j(g) Aug. 7, 1947, ch.

(less provisos). 512, Sec. 312(g)

(less provisos), 61

Stat. 860.

34 U.S.C. 3c(j). Aug. 7, 1947, ch.

512, Sec. 312(j),

61 Stat. 831.

6383(d), (e), (f) 34 U.S.C. 410j(h) Aug. 7, 1947, ch.

(as applicable to 512, Sec. 312(h)

officers designated (as applicable to

for limited duty officers designated

who fail of for limited duty

selection, less who fail of

provisos). selection less

provisos), 61 Stat.

860.

34 U.S.C. 410j(m) Aug. 7, 1947, ch.

(less applicability 512, Sec. 312(m);

to persons added June 18,

discharged under 34 1954, ch. 311, (b)

U.S.C. 410j(l)). (less applicability

to persons

discharged under

Sec. 312(l)), 68

Stat. 257.

6383(g), (h) 34 U.S.C. 410j(f) Aug. 7, 1947, ch.

(provisos). 512, Sec. 312(f)

(provisos), 61

Stat. 859.

34 U.S.C. 410j(h) Aug. 7, 1947, ch.

(2d proviso as 512, Sec. 312(h)

applicable to (2d proviso as

officers designated applicable to

for limited duty officers designated

who fail of for limited duty

selection). who fail of

selection), 61

Stat. 860.

-------------------------------

In subsection (a) the words ''if not otherwise retired pursuant

to law'' are omitted as surplusage.

In subsection (c) the pay provisions are worded so as to conform

to the terminology of the Career Compensation Act of 1949 (37

U.S.C. 231 et seq.).

The second proviso in Sec. 312(g) of the Officer Personnel Act of

1947 (34 U.S.C. 410j(g)), relating to the retired pay of officers

commissioned in the Regular Navy under the Act of April 18, 1946,

ch. 141, as amended (34 U.S.C. 15), and officers commissioned in

the Regular Navy while serving on active duty as officers of the

Naval Reserve, is not codified in this section because it is

inapplicable to officers designated for limited duty. The only

authority to appoint limited duty officers is Sec. 404(a) of the

Officer Personnel Act of 1947 (34 U.S.C. 211c(a)). Naval Reserve

officers are not eligible for such appointments. Hence there can

be no limited duty officers in the categories mentioned in the

proviso.

In subsection (f) the words ''to which he would otherwise become

entitled'' are omitted as surplusage and the words ''based on the

service for which he has received payment'' are substituted for the

words ''attributable to the active service in respect of which

lump-sum payment shall have been made to him''.

The second proviso in Sec. 312(f) of the Officer Personnel Act of

1947 (34 U.S.C. 410j(f)), which provides that officers who exercise

their option to revert to a warrant officer grade shall be retired

upon completing 30 years of active naval service, is omitted as

superseded by Sec. 14(b)(2) of the Warrant Officer Act of 1954 (34

U.S.C. 430(b)(2)), codified in Sec. 1305 of this title.

AMENDMENTS

1998 - Subsec. (a)(5). Pub. L. 105-261, Sec. 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.''

Subsec. (k). Pub. L. 105-261, Sec. 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.''

1994 - Subsec. (a). Pub. L. 103-337, Sec. 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).

Subsec. (b). Pub. L. 103-337, Sec. 503(c)(2), (d)(2), inserted

heading and substituted ''Except as provided in subsections (f) and

(k)'' for ''Except as provided in subsection (i)''.

Subsec. (c). Pub. L. 103-337, Sec. 503(d)(3), inserted heading.

Subsec. (d). Pub. L. 103-337, Sec. 503(c)(2), (d)(4), inserted

heading and substituted ''Except as provided in subsections (f) and

(k)'' for ''Except as provided in subsection (i)''.

Subsec. (e). Pub. L. 103-337, Sec. 503(d)(5), inserted heading.

Subsec. (f). Pub. L. 103-337, Sec. 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.''

Subsecs. (g), (h). Pub. L. 103-337, Sec. 503(a)(2), added

subsecs. (g) and (h). Former subsecs. (g) and (h) redesignated (i)

and (j), respectively.

Subsec. (i). Pub. L. 103-337, Sec. 503(a)(1), (d)(6),

redesignated subsec. (g) as (i) and inserted heading. Former

subsec. (i) redesignated (k).

Subsec. (j). Pub. L. 103-337, Sec. 503(a)(1), (d)(7),

redesignated subsec. (h) as (j) and inserted heading. Former

subsec. (j) redesignated (l).

Subsec. (k). Pub. L. 103-337, Sec. 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)''.

Subsec. (l). Pub. L. 103-337, Sec. 503(a)(1), (d)(9),

redesignated subsec. (j) as (l) and inserted heading.

1993 - Subsecs. (a)(5), (i). Pub. L. 103-160 substituted

''October 1, 1999'' for ''October 1, 1995''.

1992 - Subsec. (a). Pub. L. 102-484, Sec. 504(c), designated

existing provisions as par. (1) and added pars. (2) to (5).

Subsec. (i). Pub. L. 102-484, Sec. 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.''

1990 - Subsec. (h). Pub. L. 101-510 substituted ''section

1174(a)(1)'' for ''section 1174(a)''.

1986 - Subsec. (c)(2). Pub. L. 99-348, Sec. 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 2 1/2 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 2 1/2 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.

Subsec. (k). Pub. L. 99-348, Sec. 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.

1984 - Subsec. (a). Pub. L. 98-525, Sec. 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''.

Subsec. (d). Pub. L. 98-525, Sec. 529(c)(2), substituted ''Except

as provided in subsection (i), each'' for ''Each''.

Subsec. (i). Pub. L. 98-525, Sec. 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''.

1983 - Subsec. (k). Pub. L. 98-94 added subsec. (k).

1980 - Pub. L. 96-513, Sec. 336(i), struck out ''or severance''

before ''pay'' in section catchline.

Subsec. (a). Pub. L. 96-513, Sec. 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''.

Subsec. (b). Pub. L. 96-513, Sec. 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.

Subsec. (c)(1). Pub. L. 96-513, Sec. 336(c), substituted

''determined under section 1370 of this title'' for ''in which he

was serving at the time of retirement''.

Subsec. (c)(2). Pub. L. 96-513, Sec. 513(17), substituted

''September 8, 1980'' for ''the date of the enactment of the

Department of Defense Authorization Act, 1981'' wherever appearing.

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

inserted provision limiting applicability to officers who became

members of the uniformed services before the date of the enactment

of the Department of Defense Authorization Act, 1981, and added

subpar. (B).

Subsec. (d). Pub. L. 96-513, Sec. 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.

Subsec. (e). Pub. L. 96-513, Sec. 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).

Subsec. (f). Pub. L. 96-513, Sec. 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.

Subsecs. (g) to (j). Pub. L. 96-513, Sec. 336(f)-(h), added

subsecs. (h) to (j) and redesignated existing subsecs. (g) and (h)

as (f) and (g), respectively.

1963 - Subsec. (c)(2). Pub. L. 88-132 substituted ''of'' for ''to

which he would be entitled if serving on active duty in'' after ''2

1/2 percent of the basic pay''.

1962 - Subsec. (f). Pub. L. 87-509 limited the lump-sum payment

to not more than $15,000.

1960 - 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.

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.

1958 - Subsec. (c)(2). Pub. 85-422 substituted ''that may be

credited to him under section 1405 of this title'' for ''creditable

for basic pay''.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section

922(e) of Pub. L. 98-94, set out as a note under section 1401 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 336 of 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, and

amendment by section 513(17) of Pub. L. 96-513 effective Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as a note under

section 101 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT

Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section

14 of Pub. L. 88-132, set out as a note under section 201 of Title

37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9

of Pub. L. 85-422.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For transition provisions relating to limited-duty officers of

the Regular Navy or Regular Marine Corps, see section 616 of Pub.

L. 96-513, set out as a note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 631, 632, 633, 634, 1174,

1406, 6333 of this title.

-CITE-

10 USC Sec. 6384 to 6388 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6384 to 6388. Repealed. Pub. L. 96-513, title III, Sec. 335,

Dec. 12, 1980, 94 Stat. 2898)

-MISC1-

Section 6384, acts Aug. 10, 1956, ch. 1041, 70A Stat. 407; July

12, 1960, Pub. L. 86-616, Sec. 5(3), 74 Stat. 390; June 28, 1962,

Pub. L. 87-509, Sec. 4(b), 76 Stat. 121; Sept. 30, 1966, Pub. L.

89-609, Sec. 1(18), (19), 80 Stat. 853; Sept. 19, 1978, Pub. L.

95-377, Sec. 8(a), 92 Stat. 721, related to discharge of Regular

Navy and Regular Marine Corps officers having less than 20 years

service for unsatisfactory performance of duty. See section 1181

et seq. of this title.

Section 6385, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Sept.

19, 1978, Pub. L. 95-377, Sec. 8(b), (c), 92 Stat. 721, provided

that for purposes of involuntary retirement, separation, or

furlough, an officer serving in a grade to which he was appointed

under former sections 5231, 5232, 5787 or 5787d of this title was

to be considered as serving in a grade he would have held had it

not been for such appointment. See section 627 et seq. of this

title.

Section 6386, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Apr.

21, 1976, Pub. L. 94-273, Sec. 2(3), 90 Stat. 375, authorized

President to suspend certain provisions relating to officers

serving in grades of lieutenant and lieutenant (junior grade) in

Navy or in grades of captain and first lieutenant in Marine Corps.

See section 123(a), (b) of this title.

Section 6387, acts Aug. 10, 1956, ch. 1041, 70A Stat. 408; Aug.

11, 1959, Pub. L. 86-155, Sec. 6, 73 Stat. 337; June 30, 1960, Pub.

L. 86-558, 74 Stat. 263; Oct. 13, 1964, Pub. L. 88-647, title III,

Sec. 301(16), 78 Stat. 1072, related to computation of total

commissioned service for regular Navy male line officers and

regular Marine Corps male officers.

Section 6388, acts Aug. 10, 1956, ch. 1041, 70A Stat. 409; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(20), 71 Stat. 385;

Sept. 30, 1966, Pub. L. 89-609, Sec. 1(20), (21), 80 Stat. 853;

Sept. 20, 1968, Pub. L. 90-502, Sec. 1, 82 Stat. 852; Dec. 24,

1970, Pub. L. 91-582, Sec. 1, 84 Stat. 1574, related to computation

of total commissioned service for certain Regular Navy staff corps

officers.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6389 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

Sec. 6389. Naval Reserve and Marine Corps Reserve; officers:

elimination from active status; computation of total

commissioned service

-STATUTE-

(a) Subject to section 12645 of this title, an officer in an

active status in the Naval Reserve in the permanent grade of

lieutenant or lieutenant (junior grade), and an officer in an

active status in the Marine Corps Reserve in the permanent grade of

captain or first lieutenant, who is considered as having twice

failed of selection for promotion to the next higher grade while on

the active-duty list may, in the discretion of the Secretary of the

Navy, be eliminated from an active status or released from active

duty and placed on the reserve active-status list.

(b) An officer who is to be eliminated from an active status

under subsection (a) shall, if qualified, be given an opportunity

to request transfer to the appropriate Retired Reserve and, if he

requests it, shall be so transferred. If he is not so transferred,

he shall, in the discretion of the Secretary, be transferred to the

appropriate inactive status list or be discharged from the Naval

Reserve or the Marine Corps Reserve.

(c)(1) An officer in an active status in the Naval Reserve in the

permanent grade of lieutenant commander or commander, and an

officer in an active status in the Marine Corps Reserve in the

permanent grade of major or lieutenant colonel, who is considered

as having twice failed of selection for promotion to the next

higher grade while on the active-duty list shall, if qualified, be

given an opportunity to request transfer to the appropriate Retired

Reserve. If he is not so transferred, he shall be discharged from

the Naval Reserve or the Marine Corps Reserve if he has completed a

period of total commissioned service equal to that specified below

for the permanent grade in which he is serving:

---------------------------------------------------------------------

Grade

Navy Marine Corps Total commissioned

service

---------------------------------------------------------------------

Commander Lieutenant colonel 28 years.

Lieutenant commander Major 20 years.

-------------------------------

(2) Notwithstanding the first sentence of paragraph (1), the

Secretary may defer the retirement or discharge of such number of

officers serving in the grade of lieutenant commander as are

necessary to maintain the authorized officer strength of the Ready

Reserve, but the duration of such deferment for any individual

officer may not be in excess of five years.

(3) Notwithstanding paragraph (1), the Secretary may defer the

retirement or discharge under this subsection of an officer serving

in the permanent grade of lieutenant commander or commander in the

Naval Reserve or in the permanent grade of major or lieutenant

colonel in the Marine Corps Reserve for a period of time which does

not exceed the amount of service in an active status which was

credited to the officer at the time of his original appointment or

thereafter under any provision of law, if the officer can complete

at least 20 years of service as computed under section 12732 of

this title during the period of such deferment.

(4) Notwithstanding paragraph (1), the Secretary may defer the

retirement or discharge under this subsection of such number of

officers serving in the permanent grade of commander in the Medical

Corps, Chaplain Corps, or Dental Corps in the Naval Reserve as are

necessary to provide for mobilization requirements.

(d) For the purposes of subsection (c), the total commissioned

service of an officer who has served continuously in the Naval

Reserve or the Marine Corps Reserve following appointment therein

in the permanent grade of ensign or second lieutenant, as the case

may be, shall be computed from June 30 of the fiscal year in which

he accepted the appointment. Each other officer is considered to

have for this purpose as much total commissioned service as the

years of active commissioned service of any regular officer on the

active-duty list of the Navy not restricted in the performance of

duty, or any regular officer on the active-duty list of the Marine

Corps not restricted in the performance of duty, as appropriate,

who has served continuously since original appointment as an ensign

on the active-duty list of the Navy or as a second lieutenant on

the active-duty list of the Marine Corps, has not lost numbers or

precedence, and is, or has been after September 6, 1947, junior to

that other officer. However, the total commissioned service that

the other officer is considered to have may not be less than the

actual number of years he has served as a commissioned officer in a

grade above chief warrant officer, W-5.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(144)(A), Sept. 2, 1958, 72 Stat.

1509; amended Pub. L. 86-559, Sec. 1(46), June 30, 1960, 74 Stat.

274; Pub. L. 96-513, title III, Sec. 337(a), Dec. 12, 1980, 94

Stat. 2900; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981,

95 Stat. 1105; Pub. L. 98-525, title V, Sec. 528(c), Oct. 19, 1984,

98 Stat. 2526; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8,

1985, 99 Stat. 628; Pub. L. 102-190, div. A, title XI, Sec.

1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103-337, div. A,

title XVI, Sec. 1628, 1673(c)(1), Oct. 5, 1994, 108 Stat. 2962,

3016; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(25), Feb.

10, 1996, 110 Stat. 499.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6389(a) 50:1311(c) (1st Sept. 3, 1954, ch.

sentence). 1257, Sec. 411(c)

(1st sentence), 68

Stat. 1170.

6389(b) 50:1311(a) (as Sept. 3, 1954, ch.

applicable to 1257, Sec. 411(a)

1311(c)). (as applicable to

411(c)), 68 Stat.

1169.

6389(c) 50:1311(c) (2d Sept. 3, 1954, ch.

sentence). 1257, Sec. 411(c)

(2d sentence), 68

Stat. 1170.

6389(d) 50:1311(c) (less 1st Sept. 3, 1954, ch.

and 2d sentences). 1257, Sec. 411(c)

(less 1st and 2d

sentences), 68

Stat. 1170.

6389(e) (No source). (No source).

-------------------------------

In subsection (a), the words ''who is considered as having twice

failed of selection for promotion'' are substituted for the words

''after failing of selection for promotion * * * a second time'' to

conform to similar statements in this title. (See the revision note

on section 5776.) The words ''may be retained in'' are omitted as

surplusage, since the authority to eliminate such officers from an

active status is discretionary with the Secretary.

Subsection (e) is added to avoid conflict with 50:1311(d) and

(e), codified in sections 6397 and 6403 of this title. 50:1311(d)

and (e) contain special provisions for ''women officers'' and

officers in the Nurse Corps, respectively, so that officers in

these categories must be excepted from this section. Women

officers appointed under the act of June 24, 1952, ch. 457 (66

Stat. 155; 34 U.S.C. 21e) (codified in section 5581 of this title),

are not ''women officers'' within the meaning of 50:1311(d),

however, but are required to be promoted, retired, or eliminated

from active status as if they were men. (See the revision note on

section 5665 of this title.) The application of this section to

these officers is therefore made explicit.

Both men and women are eligible for appointment as reserve

officers in the Nurse Corps and are subject to the special

provisions relating to that corps.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-106 substituted ''section 12732''

for ''section 1332''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 1673(c), substituted

''12645'' for ''1005''.

Pub. L. 103-337, Sec. 1628(1), inserted ''while on the

active-duty list'' after ''to the next higher grade'' and ''or

released from active duty and placed on the reserve active-status

list'' after ''from an active status''.

Subsec. (b). Pub. L. 103-337, Sec. 1628(2), struck out ''or (f)''

after ''subsection (a)''.

Subsec. (c). Pub. L. 103-337, Sec. 1628(3)(H), designated last

sentence as par. (4) and in that sentence substituted ''paragraph

(1)'' for ''the first two sentences of this subsection'' and struck

out ''captain or'' after ''permanent grade of''.

Pub. L. 103-337, Sec. 1628(3)(G), designated 4th sentence as par.

(3) and in that sentence substituted ''paragraph (1)'' for ''the

first two sentences of this subsection''.

Pub. L. 103-337, Sec. 1628(3)(F), designated sentence after table

as par. (2) and in that sentence substituted ''the first sentence

of paragraph (1)'' for ''the first sentence of this subsection''.

Pub. L. 103-337, Sec. 1628(3)(E), in table struck out line

relating to grades of captain in Navy and colonel in Marine Corps

and substituted ''28 years'' for ''26 years''.

Pub. L. 103-337, Sec. 1628(3)(D), inserted ''while on the

active-duty list'' after ''to the next higher grade'' in first

sentence.

Pub. L. 103-337, Sec. 1628(3)(C), substituted ''major or

lieutenant colonel'' for ''major or above'' in two places.

Pub. L. 103-337, Sec. 1628(3)(B), substituted ''lieutenant

commander or commander'' for ''lieutenant commander or above'' in

two places.

Pub. L. 103-337, Sec. 1628(3)(A), inserted ''(1)'' after ''(c)''.

Subsec. (e). Pub. L. 103-337, Sec. 1628(4), struck out subsec.

(e) which read as follows: ''This section does not apply to women

reserve officers or to reserve officers in the Nurse Corps.''

Subsec. (f). Pub. L. 103-337, Sec. 1628(4), struck out subsec.

(f) which provided for transfer or discharge of rear admirals

(lower half) in Naval Reserve and brigadier generals in Marine

Corps Reserve on completion of 30 years service or five years in

grade and for rear admirals in Naval Reserve and major generals in

Marine Corps Reserve on completion of 35 years service or five

years in grade and provided that rear admirals (lower half) and

rear admirals in Naval Reserve and brigadier generals and major

generals in Marine Corps Reserve could be considered for early

retirement by continuation board. See sections 14508 and 14705 of

this title.

Subsec. (g). Pub. L. 103-337, Sec. 1628(4), struck out subsec.

(g) which read as follows: ''An officer in an active status in the

Naval Reserve in the permanent grade of ensign who is found not

qualified for promotion to the grade of lieutenant (junior grade),

and an officer in an active status in the Marine Corps Reserve in

the permanent grade of second lieutenant who is found not qualified

for promotion to the grade of first lieutenant, may (unless he is

sooner promoted) be eliminated from an active status.''

1991 - Subsec. (d). Pub. L. 102-190 substituted ''W-5'' for

''W-4''.

1985 - Subsec. (f)(1), (3). Pub. L. 99-145 substituted ''rear

admiral (lower half)'' for ''commodore''.

1984 - Subsec. (g). Pub. L. 98-525 added subsec. (g).

1981 - Subsec. (f)(1), (3). Pub. L. 97-86 substituted

''commodore'' for ''commodore admiral''.

1980 - Subsec. (b). Pub. L. 96-513, Sec. 337(a)(1), substituted

''subsection (a) or (f)'' for ''subsection (a)''.

Subsec. (d). Pub. L. 96-513, Sec. 337(a)(2), substituted ''as the

years of active commissioned service of any regular officer on the

active-duty'' for ''as any officer in the line on the active'' and

''or any regular officer on the active-duty list of the Marine

Corps'' for ''or any officer on the active list of the Marine

Corps''.

Subsec. (e). Pub. L. 96-513, Sec. 337(a)(3), substituted ''does

not apply to'' for ''applies to women officers appointed under

section 5581 of this title, but not to other''.

Subsec. (f). Pub. L. 96-513, Sec. 337(a)(4), added subsec. (f).

1960 - Subsec. (c). Pub. L. 86-559 empowered the Secretary to

defer the retirement or discharge of officers serving in the grade

of lieutenant commander in the Ready Reserve, in the permanent

grade of lieutenant commander or above in the Naval Reserve, in the

permanent grade of major or above in the Marine Corps Reserve, and

in the permanent grade of captain or commander in the Medical

Corps, Chaplain Corps, or Dental Corps in the Naval Reserve.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1673(c)(1) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, and amendment by section

1628 of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691 of

Pub. L. 103-337, set out as an Effective Date note under section

10001 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12646 of this title.

-CITE-

10 USC Sec. 6390 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6390. Repealed. Pub. L. 96-513, title III, Sec. 335, Dec. 12,

1980, 94 Stat. 2898)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 410; May 20,

1958, Pub. L. 85-422, Sec. 11(a)(6)(E), 71 Stat. 131; Oct. 2, 1963,

Pub. L. 88-132, Sec. 5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L.

96-342, title VIII, Sec. 813(d)(8), 94 Stat. 1107, related to the

retirement at age 62 of officers on the active list of the Navy and

officers of the Marine Corps. See section 1251 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6391, 6392 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6391, 6392. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1629(b)(3), Oct. 5, 1994, 108 Stat. 2963)

-MISC1-

Section 6391, added Pub. L. 85-861, Sec. 1(144)(B), Sept. 2,

1958, 72 Stat. 1510; amended Pub. L. 86-559, Sec. 1(47), June 30,

1960, 74 Stat. 275; Pub. L. 102-190, div. A, title XI, Sec.

1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 104-106, div. A,

title XV, Sec. 1501(c)(25), Feb. 10, 1996, 110 Stat. 499, related

to transfer to Retired Reserve of officers in Naval Reserve or

Marine Corps Reserve above chief warrant officer, W-5, on becoming

62 years of age with provisions for deferral of retirement until

age 64. See section 14512(b) of this title.

Section 6392, added Pub. L. 100-180, div. A, title VII, Sec.

717(b)(1), Dec. 4, 1987, 101 Stat. 1114; amended Pub. L. 101-189,

div. A, title VII, Sec. 710(b), 711(b), Nov. 29, 1989, 103 Stat.

1476, 1477, related to retention in active status of certain

reserve officers. See section 14703(a)(2), (b) of this title.

A prior section 6392, act Aug. 10, 1956, ch. 1041, 70A Stat. 410,

related to revocation of appointments of Regular Navy and Marine

Corps officers with less than three years service, prior to repeal

effective Sept. 15, 1981, by Pub. L. 96-513, title III, Sec. 335,

title VII, Sec. 701, Dec. 12, 1980, 94 Stat. 2898, 2955.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-

10 USC Sec. 6393 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6393. Repealed. Pub. L. 96-513, title III, Sec. 373(h), Dec.

12, 1980, 94 Stat. 2903)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 410, authorized

Secretary of Navy to terminate appointment of any woman officer in

Regular Navy or Regular Marine Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6394 to 6396 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6394 to 6396. Repealed. Pub. L. 96-513, title III, Sec. 335,

Dec. 12, 1980, 94 Stat. 2898)

-MISC1-

Section 6394, acts Aug. 10, 1956, ch. 1041, 70A Stat. 410; May

20, 1958, Pub. L. 85-422, Sec. 11(a)(6)(F), 72 Stat. 131; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(144)(C), 72 Stat. 1511; Oct. 2, 1963,

Pub. L. 88-132, Sec. 5(h)(4), 77 Stat. 214; Sept. 8, 1980, Pub. L.

96-342, title VIII, Sec. 813(d)(9), 94 Stat. 1107, related to the

retirement upon board recommendation of Regular Navy rear admirals

and commodores and Regular Marine Corps major generals and

brigadier generals.

Section 6395, acts Aug. 10, 1956, ch. 1041, 70A Stat. 411; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(21), 71 Stat. 385;

Sept. 30, 1966, Pub. L. 89-609, Sec. 1(22), 80 Stat. 853, related

to discharge during time of war and national emergency of Regular

Navy and Regular Marine Corps officers with less than 20 years of

service for unsatisfactory performance of duty. See section 1181

et seq. of this title.

Section 6396, acts Aug. 10, 1956, ch. 1041, 70A Stat. 413; Aug.

21, 1957, Pub. L. 85-155, title II, Sec. 201(22), 71 Stat. 385; May

20, 1958, Pub. L. 85-422, Sec. 11(a)(6)(G), 72 Stat. 131; Oct. 2,

1963, Pub. L. 88-132, Sec. 5(h)(6), 77 Stat. 214; Sept. 30, 1966,

Pub. L. 89-609 Sec. 1(23)-(26), 80 Stat. 853, 854; Nov. 8, 1967,

Pub. L. 90-130, Sec. 1(24)(E), 81 Stat. 380; Sept. 8, 1980, Pub. L.

96-342, title VIII, Sec. 813(d)(10), 94 Stat. 1107, related to

retirement or discharge of Regular Navy officers in Nurse Corps in

grades below commander.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6397 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6397. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1629(b)(3), Oct. 5, 1994, 108 Stat. 2963)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(144)(D), Sept. 2, 1958, 72

Stat. 1511; amended Pub. L. 89-609, Sec. 1(27), Sept. 30, 1966, 80

Stat. 854; Pub. L. 96-513, title III, Sec. 338, Dec. 12, 1980, 94

Stat. 2901, related to elimination from active status of officers

of Naval Reserve in Nurse Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-

10 USC Sec. 6398 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6398. Repealed. Pub. L. 96-513, title III, Sec. 335, Dec. 12,

1980, 94 Stat. 2898)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 413; May 20,

1958, Pub. L. 85-422, Sec. 11(a)(6)(H), 72 Stat. 131; Oct. 2, 1963,

Pub. L. 88-132, Sec. 5(h)(6), 77 Stat. 214; Nov. 8, 1967, Pub. L.

90-130, Sec. 1(24)(F), 81 Stat. 381; Sept. 8, 1980, Pub. L. 96-342,

title VIII, Sec. 813(d)(11), 94 Stat. 1108, related to retirement

for length of service of Regular Navy women captains and commanders

and Regular Marine Corps women colonels and lieutenant colonels and

their respective grades and pay. See sections 633 and 634 of this

title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6399 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6399. Repealed. Pub. L. 90-130, Sec. 1(24)(G), Nov. 8, 1967,

81 Stat. 382)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 414; May 20,

1958, Pub. L. 85-422, Sec. 11(a)(6)(I), 72 Stat. 131; Oct. 2, 1963,

Pub. L. 88-132, Sec. 5(h)(6), 77 Stat. 214, provided for retirement

of women lieutenant commanders and below of Regular Navy and women

majors and below of Regular Marine Corps at age 50 and their

retired grade and pay.

-CITE-

10 USC Sec. 6400 to 6402 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6400 to 6402. Repealed. Pub. L. 96-513, title III, Sec. 335,

Dec. 12, 1980, 94 Stat. 2898)

-MISC1-

Section 6400, acts Aug. 10, 1956, ch. 1041, 70A Stat. 414; May

20, 1958, Pub. L. 85-422, Sec. 11(a)(6)(J), 72 Stat. 131; Oct. 2,

1963, Pub. L. 88-132, Sec. 5(h)(6), 77 Stat. 214; Sept. 8, 1980,

Pub. L. 96-342, title VIII, Sec. 813(d)(12), 94 Stat. 1108, related

to retirement for length of service of Regular Navy women

lieutenant commanders and Regular Marine Corps women majors.

Section 6401, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; July

12, 1960, Pub. L. 86-616, Sec. 5(4), 74 Stat. 390; June 28, 1962,

Pub. L. 87-509, Sec. 4(b), 76 Stat. 121, related to discharge for

length of service of Regular Navy women lieutenants and Regular

Marine Corps women captains.

Section 6402, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; July

12, 1960, Pub. L. 86-616, Sec. 5(5), 74 Stat. 390, related to

discharge for length of service of Regular Navy women lieutenants

(junior grade) and Regular Marine Corps women first lieutenants.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6403 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6403. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1629(b)(3), Oct. 5, 1994, 108 Stat. 2963)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(144)(E), Sept. 2, 1958, 72

Stat. 1511; amended Pub. L. 96-513, title V, Sec. 503(49), Dec. 12,

1980, 94 Stat. 2915; Pub. L. 97-22, Sec. 10(b)(10)(B), July 10,

1981, 95 Stat. 137, related to elimination from active status of

women officers in Naval Reserve and Marine Corps Reserve.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-

10 USC Sec. 6404 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

Sec. 6404. Treatment of fractions of years of service in computing

retired pay and separation pay

-STATUTE-

In determining the total number of years of service to be used as

a multiplier in computing retired pay and separation pay on

discharge under this chapter, each full month of service that is in

addition to the number of full years of service creditable to a

member is counted as one-twelfth of a year and any remaining

fractional part of a month is disregarded.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 415; Pub. L. 96-513, title V,

Sec. 503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98-94, title

IX, Sec. 923(c)(4), Sept. 24, 1983, 97 Stat. 643.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6404 34 U.S.C. 410c(a) Feb. 21, 1946, ch.

(1st proviso). 34, Sec. 7 (a) (1st

proviso), 60 Stat.

27; Aug. 7, 1947,

ch. 512, Sec.

432(a), 61 Stat.

881.

34 U.S.C. 410j(g) Aug. 7, 1947, ch.

(1st proviso). 512, Sec. 312(g)

(1st proviso), 61

Stat. 860.

34 U.S.C. 410d (1st Feb. 21, 1946, ch.

proviso). 34, Sec. 9 (1st

proviso), 60 Stat.

28; Aug. 7, 1947,

ch. 512, Sec.

432(b), 61 Stat.

881.

34 U.S.C. 410j(h) Aug. 7, 1947, ch.

(1st proviso). 512, Sec. 312(h)

(1st proviso), 61

Stat. 860.

34 U.S.C. 410r(h). June 12, 1948, ch.

449, Sec. 207(h),

62 Stat. 368.

34 U.S.C. 410r(j) June 12, 1948, ch.

(proviso). 449, Sec. 207(j)

(proviso), 62 Stat.

366.

34 U.S.C. 43g(g). Apr. 16, 1947, ch.

38, Sec. 207(h), 61

Stat. 50;

redesignated (g),

Aug. 7, 1947, ch.

512, Sec. 434(d),

61 Stat. 882; May

16, 1950, ch. 186,

Sec. 3(j), 64 Stat.

162.

34 U.S.C. 625h(a). June 12, 1948, ch.

449, Sec. 213(a),

62 Stat. 369.

-------------------------------

The words ''and a part of a year that is less than six months is

disregarded'' are added for clarity. The legislative history of

the Career Compensation Act of 1949, which contains a provision

identical to those codified in this section, indicates that all of

these provisions are construed as requiring a fractional year of

less than six months to be disregarded (hearing before the

Committee on Armed Services of the Senate on H.R. 5007, 81st Cong.,

1st sess., p. 313, July 6, 1949).

AMENDMENTS

1983 - Pub. L. 98-94 substituted ''each full month of service

that is in addition to the number of full years of service

creditable to a member is counted as one-twelfth of a year and any

remaining fractional part of a month is disregarded'' for ''a part

of a year that is six months or more is counted as a whole year and

a part of a year that is less than six months is disregarded''.

1980 - Pub. L. 96-513 substituted ''separation pay'' for

''severance pay'' in section catchline and substituted ''separation

pay'' for ''lump-sum payments'' in text.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-94 applicable with respect to the

computation of retired or retainer pay of any individual who

becomes entitled to that pay after Sept. 30, 1983, see section

923(g) of Pub. L. 98-94, set out as a note under section 1174 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-CITE-

10 USC Sec. 6405 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6405. Repealed. Pub. L. 90-235, Sec. 4(a)(12), Jan. 2, 1968,

81 Stat. 760)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 415, provided

that an officer of Regular Navy, other than a retired officer, who

accepted an appointment in the Foreign Service was considered as

having resigned from the Navy. See section 973 of this title.

-CITE-

10 USC Sec. 6406 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6406. Repealed. Pub. L. 91-482, Sec. 1(a), Oct. 21, 1970, 84

Stat. 1082)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 415; Pub. L.

87-649, Sec. 14c(47), Sept. 6, 1962, 76 Stat. 501, authorized

Secretary of Navy to furlough any officer of Regular Navy or

Regular Marine Corps, other than a retired officer.

-CITE-

10 USC Sec. 6407 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6407. Repealed. Pub. L. 96-513, title III, Sec. 335, Dec. 12,

1980, 94 Stat. 2898)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, related to

communication with selection boards by officers eligible for

consideration for continuation on active list. See section 614 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 6408 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

Sec. 6408. Navy and Marine Corps; warrant officers, W-1: limitation

on dismissal

-STATUTE-

(a) No officer who holds the grade of warrant officer, W-1, may

be dismissed from the Navy or the Marine Corps except in time of

war, by order of the President.

(b) The President may drop from the rolls of the Navy or the

Marine Corps any officer who holds the grade of warrant officer,

W-1, who -

(1) has been absent without authority for at least three

months; or

(2) is sentenced to confinement in a Federal or State

penitentiary or correctional institution after having been found

guilty of an offense by a court other than a court-martial or

other military court, and whose sentence has become final.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 416.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

6408 50 U.S.C. 739 (as May 5, 1950, ch.

applicable to 169, Sec. 10 (as

warrant officers, W- applicable to

1, of the Navy and warrant officers, W-

the Marine Corps). 1, of the Navy and

the Marine Corps),

64 Stat. 146.

-------------------------------

This section reflects the opinion of the Judge Advocate General

of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C.

739 applies to warrant officers (now warrant officers, W-1), of the

Navy and the Marine Corps. The Warrant Officer Act of 1954

established the grade of warrant officer, W-1, in lieu of the

former warrant officer (as distinguished from commissioned warrant

officer) grades. 50 U.S.C. 739, as applicable to officers above the

grade of warrant officer, W-1, is codified in Sec. 1161 of this

title.

In subsection (a) the words ''by sentence of a general

court-martial, or in commutation thereof'' are omitted since the

separation from the service of a warrant officer, W-1, by sentence

of court-martial is effected by dishonorable discharge.

In subsection (b) the words ''from his place of duty'' are

omitted as surplusage. The words ''at least'' are substituted for

the words ''or more''. The words ''by a court other than a

court-martial or other military court'' are substituted for the

words ''by the civil authorities''.

-CITE-

10 USC Sec. 6409 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6409. Repealed. Pub. L. 90-235, Sec. 3(b)(1), Jan. 2, 1968,

81 Stat. 758)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 416, provided for

suspension of laws for mandatory retirement or separation during

war or emergency of temporary warrant officers of Navy and Marine

Corps.

-CITE-

10 USC Sec. 6410 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 573 - INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH

-HEAD-

(Sec. 6410. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1629(b)(3), Oct. 5, 1994, 108 Stat. 2963)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(144)(F), Sept. 2, 1958, 72

Stat. 1512; amended Pub. L. 104-106, div. A, title XV, Sec.

1501(c)(28), Feb. 10, 1996, 110 Stat. 500, related to elimination

from active status of officers in Naval Reserve and Marine Corps

Reserve to provide a flow of promotion.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-