1. U.S. Code
  2. title 10
  3. subtitle C
  4. part II
  5. chapter 815
  6. § 8146

Collapse to view only § 8146. Navy and Marine Corps: temporary appointments of officers designated for limited duty

§ 8132. Regular Navy: transfers, line and staff corps
(a) A regular officer of the Navy in a staff corps in a grade not above lieutenant commander may be appointed in the line of the Navy to the same grade.
(b) A regular officer in the line of the Navy in a grade not above lieutenant commander may be appointed to the same grade in a staff corps under regulations prescribed by the Secretary of Defense.
(Aug. 10, 1956, ch. 1041, 70A Stat. 324, § 5582; Pub. L. 96–513, title III, § 373(d), Dec. 12, 1980, 94 Stat. 2903; renumbered § 8132, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

CITE AS: 10 USC 8132

§ 8135. Regular Marine Corps: order of filling vacancies in grade of second lieutenant

Vacancies on the active-duty list of the Marine Corps in the grade of second lieutenant shall be filled, so far as practicable, first, from members of the graduating class of the Naval Academy; second, from meritorious noncommissioned officers of the Regular Marine Corps; and third, from other persons.

(Aug. 10, 1956, ch. 1041, 70A Stat. 324, § 5585; Pub. L. 96–513, title V, § 503(29), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8135, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

CITE AS: 10 USC 8135

[§ 8137. Repealed. Pub. L. 116–283, div. A, title V, § 509(a), Jan. 1, 2021, 134 Stat. 3586]

CITE AS: 10 USC 8137

§ 8138. Regular Marine Corps: judge advocates

With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under section 827(b) of this title may, upon his application, be designated as a judge advocate.

(Added Pub. L. 90–179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96–513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)

CITE AS: 10 USC 8138

§ 8139. Regular Navy and Regular Marine Corps: officers designated for limited duty
(a) Original appointments as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section 8090(b) of this title and designated by the Secretary for the purposes of this section may be made from—
(1) warrant officers;
(2) chief petty officers; and
(3) first-class petty officers;
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
(b) Original appointments as regular officers of the Marine Corps in a grade below major may be made from—
(1) warrant officers;
(2) master sergeants; and
(3) technical sergeants;
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
(c)
(1) An officer described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank in that grade, in which the officer is serving on the day before such original appointment.
(2) This subsection applies to an officer of the Navy and Marine Corps who—
(A) is on the active-duty list;
(B) holds a permanent enlisted or warrant officer grade;
(C) is designated for limited duty under subsection (a) of section 8146 of this title; and
(D) is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of section 8146 of this title.
(d) To be eligible for an appointment under this section a member must have the qualifications specified in section 532(a) of this title and have completed at least 8 years of active naval service, excluding active duty for training in a reserve component.
(e) Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment because of his former permanent status.
(f) Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may—
(1) if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;
(2) if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or
(3) if he is in the Marine Corps, be assigned to unrestricted performance of duty.
When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.
(g) The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589; Pub. L. 87–123, § 5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96–513, title III, § 325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99–433, title V, § 514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103–337, div. A, title V, § 502, Oct. 5, 1994, 108 Stat. 2748; renumbered § 8139 and amended Pub. L. 115–232, div. A, title V, § 512, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.)

CITE AS: 10 USC 8139

§ 8146. Navy and Marine Corps: temporary appointments of officers designated for limited duty
(a) Under such regulations as he may prescribe, the Secretary of the Navy may make temporary appointments of officers designated for limited duty in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain from sources authorized under section 8139 of this title. Such appointments shall be made by warrant if in the grade of warrant officer, W–1, and by commission if in a higher grade.
(b) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person receiving a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.
(c) The following members of the naval service are ineligible for temporary appointments under this section:
(1) Retired members.
(2) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty for training.
(3) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Navy Reserve or the Marine Corps Reserve.
(4) Members of the Navy Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.
(d) Officers designated for limited duty under subsection (a) may be temporarily appointed by the Secretary of the Navy in a higher grade not above commander in the Regular Navy or lieutenant colonel in the Regular Marine Corps under such regulations as the Secretary may prescribe. Regulations prescribed under this section shall to the greatest extent practicable conform to the procedures prescribed in chapter 36 of this title for selection for promotion and promotion to higher permanent grades.
(e) The Secretary of the Navy may terminate any appointment made under this section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 328, § 5596; Pub. L. 96–513, title III, § 326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102–190, div. A, title XI, § 1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502; Pub. L. 109–163, div. A, title V, § 515(b)(1)(G), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8146 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.)

CITE AS: 10 USC 8146