10 U.S.C. § 8139 — Regular Navy and Regular Marine Corps: officers designated for limited duty
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 476 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Original appointments as regular officers of the Navy in a grade* below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section 8090(b) of this title and designated by the Secretary for the purposes of this section may be made from—
warrant officers;
chief petty officers; and
first-class petty officers;
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
Original appointments as regular officers of the Marine Corps in a grade below major may be made from—
warrant officers;
master sergeants; and
technical sergeants;
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
An officer* described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank* in that grade, in which the officer is serving on the day before such original appointment.
This subsection applies to an officer of the Navy and Marine Corps who—
is on the active-duty list*;
holds a permanent enlisted or warrant officer* grade;
is designated for limited duty under subsection (a) of section 8146 of this title; and
is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) of section 8146 of this title.
To be eligible for an appointment under this section a member must have the qualifications specified in section 532(a) of this title and have completed at least 8 years of active naval service, excluding active duty* for training in a reserve component.
Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay* and allowances to which he was entitled at the time of his appointment because of his former permanent status.
Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may—
if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;
if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or
if he is in the Marine Corps, be assigned to unrestricted performance of duty.
When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.
The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.
Source credit: (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.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1961Amended · Pub. L. 87-123 · 75 Stat. 265
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2893
- 1986Amended · Pub. L. 99-433 · 100 Stat. 1055
- 1994Amended · Pub. L. 103-337 · 108 Stat. 2748
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1751, 1834, 1840
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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