§8139 — Title 10 Armed Forces | U.S. Code

Summary

Lets the Navy and Marine Corps make people regular officers who started as certain enlisted or warrant ranks. The Navy can pick warrant officers, chief petty officers, and first-class petty officers for regular officer ranks below lieutenant commander in line or in staff corps set up by the Secretary under section 8090(b). The Marine Corps can pick warrant officers, master sergeants, and technical sergeants for regular officer ranks below major. If an eligible person is on active duty, holds a permanent enlisted or warrant grade, is designated for limited duty under section 8146(a), and is serving as a lieutenant commander or commander (Navy) or major or lieutenant colonel (Marine Corps) under a temporary appointment under section 8146(d), they may be given a regular appointment in the same grade with the same date of rank. They must meet the qualifications in section 532(a) and have at least 8 years of active naval service (not counting reserve training). Appointed officers are called officers designated for limited duty and cannot lose pay they had before the appointment. If they apply and the Secretary approves, they may be placed in engineering, aeronautical, special, or unrestricted duties as allowed for their branch. The Secretary must write rules for how these appointments and assignments work.

Title 10, §8139

Armed Forces — Source: USLM XML via OLRC

(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;

(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;

(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.

(g)The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 558934 U.S.C. 211c ((a) (less statement of appointing authority), and less (e)–(h)).Aug. 7, 1947, ch. 512, § 404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, § 1(f), 63 Stat. 568. In subsections (a) and (b) the authority to make appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words “commissioned warrant officers” are omitted as surplusage, since the term “warrant officers” includes commissioned warrant officers. The word “male” is inserted to limit the application of the section to men. Authority to appoint women is covered in § 5590 of this title.

Editorial Notes

Amendments

2018—Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8090(b)” for “section 5150(b)” in introductory provisions. Subsec. (c)(2)(C), (D). Pub. L. 115–232, § 809(a), substituted “section 8146” for “section 5596”. Subsec. (d). Pub. L. 115–232, § 512, substituted “8 years” for “10 years”. 1994—Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively. 1986—Subsec. (a). Pub. L. 99–433 substituted “section 5150(b)” for “section 5155(b)”. 1980—Subsec. (a). Pub. L. 96–513, § 325(1), substituted “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 5155(b) of this title and designated by the Secretary for the purposes of this section may be made from” for “to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male”. Subsec. (b). Pub. L. 96–513, § 325(2), substituted “as regular officers of the Marine Corps in a grade below major may be made from” for “to the active list of the Marine Corps in the grade of second lieutenant may be made from male”. Subsec. (c). Pub. L. 96–513, § 325(3), inserted “the qualifications specified in section 532(a) of this title and have”. 1961—Subsec. (e)(3). Pub. L. 87–123 struck out “be designated for supply duty or” before “be assigned to”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by section 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date

of 1980 AmendmentAmendment 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. Transition Provisions Under Defense Officer Personnel Management ActFor provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty officers under this section prior to September 15, 1981, see section 616 of Pub. L. 96–513, set out as a note under section 611 of this title.

§8139 Regular Navy and Regular Marine Corps: officers designated for limited duty

Summary

Title 10, §8139

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Regulations

Citations & Metadata