10 U.S.C. § 8336 — Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

submitted 30 years ago by Pub. L. 104-201 to r/title-10-ARMED-FORCES · 166 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects Reserve enlisted members who lose rank through no fault of their own. It applies to Navy and Marine Corps Reserve members transferred to the Fleet Reserve. If they held a higher grade and were later reduced without misconduct, they get it back.

(a) When a Navy Reserve or Marine Corps Reserve enlisted member described in subsection (b) transfers to the Fleet Reserve or Fleet Marine Corps Reserve, the Secretary of the Navy must transfer them in the highest enlisted grade they held while serving satisfactorily on active duty. (b) This rule applies to a reservist who, at the time of transfer, is serving in a lower grade than the highest one they held on active duty, and who was administratively reduced in that grade earlier — as long as the Secretary of the Navy finds the reduction was not the member's own fault. (c) This section only applies to Navy Reserve and Marine Corps Reserve enlisted members who transfer to the Fleet Reserve or Fleet Marine Corps Reserve after September 30, 1996.

the actual law source: uscode.house.gov ↗public domain

(a)

A member of the Navy Reserve or Marine Corps Reserve described in subsection (b) who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title shall be transferred in the highest enlisted grade in which the member served on active duty satisfactorily, as determined by the Secretary of the Navy.

(b)

This section applies to a Reserve enlisted member who—

(1)

at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve is serving on active duty in a grade lower than the highest enlisted grade held by the member while on active duty; and

(2)

was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Navy.

(c)

This section applies with respect to enlisted members of the Navy Reserve and Marine Corps Reserve who are transferred to the Fleet Reserve or the Fleet Marine Corps Reserve after September 30, 1996.

Source credit: (Added Pub. L. 104–201, div. A, title V, § 532(b)(1), Sept. 23, 1996, 110 Stat. 2519, § 6336; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(L), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8336 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(b)(15), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-201 · 110 Stat. 2519
2006Amended · Pub. L. 109-163 · 119 Stat. 3233
2018Amended · Pub. L. 115-232 · 132 Stat. 1836, 1840

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-201 on 1996-09-23.

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