Title 10Armed ForcesRelease 119-73

§8317 Minors enlisted upon false statement of age

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 839— - DISCHARGE OF ENLISTED MEMBERS › § 8317

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Navy may discharge any enlisted person who lied about their age when they joined and who was under the minimum legal or administrative age at enlistment. When discharged, that person must receive pay and allowances, a discharge certificate showing the service they performed after enlisting, and travel and subsistence to get home from the place of discharge. Money already set aside for enlisted pay, subsistence, and transportation may be used to pay these benefits.

Full Legal Text

Title 10, §8317

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the Navy, under regulations prescribed by him, may discharge or release from the naval service, with pay and allowances and form of discharge certificate appropriate for his service after enlistment, any enlisted member who, as the result of a false statement of age on his application for enlistment, was enlisted while under the minimum statutory or administrative age limit. A member so discharged or released is entitled to transportation in kind and subsistence from the place of discharge to his home.
(b)Appropriations available for pay and allowances, subsistence, and transportation of enlisted members of the naval service are available for payments under this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 6292(a)34 U.S.C. 900a.Sept. 24, 1945, ch. 385, § 1, 59 Stat. 536. 6292(b)34 U.S.C. 900a (note).Sept. 24, 1945, ch. 385, § 3, 59 Stat. 537. The word “member” is substituted for the word “person” and the words “naval service” are substituted for the words “Navy, Marine Corps, and the Reserve components thereof”. The words “form of” are added for clarity. Reference to the date “
September 24, 1945” is omitted as unnecessary. The words “is entitled to” are substituted for the words “shall be furnished” for uniformity. The decision of the Comptroller General of
December 23, 1949 (B–91297), has not been overlooked. That decision, without passing on a case in which the point was involved, indicated that the transportation entitlement in 34 U.S.C. 900a might be impliedly repealed by the Career Compensation Act of 1949. The editors of the United States Code Annotated, apparently on the basis of this decision, have omitted 34 U.S.C.A. 900a from the 1954 pocket part. A conclusion that the section is repealed, however, defeats the specific purpose of the provision, which, as indicated in the legislative hearings, was to insure that underage dischargees would be transported home and not simply released at the place of discharge.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6292 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 8317

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73