Title 10Armed ForcesRelease 119-73

§8336 Highest grade held satisfactorily: Reserve enlisted members reduced in grade not as a result of the member’s misconduct

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 841— - VOLUNTARY RETIREMENT › § 8336

Last updated Apr 6, 2026|Official source

Summary

When a Navy Reserve or Marine Corps Reserve member is moved into the Fleet Reserve or Fleet Marine Corps Reserve under the transfer rules, they must be placed at the highest enlisted rank they once held on active duty, if the Secretary of the Navy finds they did well at that rank. To get this, the member must be serving on active duty at the time of transfer in a lower rank than their earlier highest rank, and they must have been reduced in rank before for administrative reasons that were not their own misconduct, as the Secretary of the Navy decides. This rule applies to transfers that happen after September 30, 1996.

Full Legal Text

Title 10, §8336

Armed Forces — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 8351 and 8352 were renumbered section 12212 and 12214 of this title. Prior section 8353 and 8354 were repealed by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. section 8353, added Pub. L. 85–861, § 1(178)(A), Sept. 2, 1958, 72 Stat. 1520; amended Pub. L. 86–559, § 1(49),
June 30, 1960, 74 Stat. 275; Pub. L. 96–513, title II, § 205(b), Dec. 12, 1980, 94 Stat. 2882; Pub. L. 97–22, § 7,
July 10, 1981, 95 Stat. 131; Pub. L. 98–94, title X, § 1007(c)(5), Sept. 24, 1983, 97 Stat. 662; Pub. L. 100–180, div. A, title VII, § 714(d), Dec. 4, 1987, 101 Stat. 1113; Pub. L. 103–160, div. A, title V, § 509(d), Nov. 30, 1993, 107 Stat. 1648, related to service credit upon original appointment as reserve commissioned officer in Air Force. See section 12207 of this title. section 8354, acts Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, Pub. L. 85–861, § 1(178)(B), 72 Stat. 1520, related to appointment of warrant officers and enlisted members of Air National Guard of United States as reserve officers. A prior section 8355, acts Aug. 10, 1956, ch. 1041, 70A Stat. 520; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(22), 72 Stat. 1565, related to appointment of graduates of junior or senior division of Air Force Reserve Officers’ Training Corps as reserve commissioned officers, prior to repeal by Pub. L. 88–647, title III, § 301(21), Oct. 13, 1964, 78 Stat. 1073. A prior section 8356, act Aug. 10, 1956, ch. 1041, 70A Stat. 520, related to appointment and promotion of aviation cadets as commissioned officers in Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1636(b), Oct. 5, 1994, 108 Stat. 2968, effective Feb. 10, 1996. Prior sections 8358 to 8368 were repealed by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. section 8358, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1520, related to service credit upon original appointment as commissioned officer in grade below colonel. See section 12201 et seq. of this title. section 8359, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1521; amended Pub. L. 98–94, title X, § 1014(b), Sept. 24, 1983, 97 Stat. 666; Pub. L. 98–525, title V, § 521(b), Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–145, title V, § 521(a), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100–180, div. A, title V, § 502(a), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101–189, div. A, title V, § 503(a), Nov. 29, 1989, 103 Stat. 1437; Pub. L. 102–484, div. A, title V, § 519(a), Oct. 23, 1992, 106 Stat. 2408; Pub. L. 103–160, div. A, title V, § 514(a), Nov. 30, 1993, 107 Stat. 1649; Pub. L. 104–106, div. A, title V, § 511(a), Feb. 10, 1996, 110 Stat. 298, related to determination of grade upon original appointment as reserve officer of Air Force. See section 12201 et seq. of this title. section 8360, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1521; amended Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 104–106, div. A, title XV, § 1501(c)(30), Feb. 10, 1996, 110 Stat. 500, related to service required for promotion of reserve commissioned officers. See section 14001 et seq. of this title. section 8361, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, § 1(50),
June 30, 1960, 74 Stat. 275, related to seniority for purposes of promotion of reserve commissioned officers. See section 14301 et seq. of this title. section 8362, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, § 1(51),
June 30, 1960, 74 Stat. 275, related to convening of selection boards to consider reserve commissioned officers for promotion. See section 14101 et seq. of this title. section 8363, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1522; amended Pub. L. 86–559, § 1(52),
June 30, 1960, 74 Stat. 275; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to requirements and procedures for promotion of officers in reserve grades. See section 14301 et seq. of this title. section 8365, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1523, related to promotion of second lieutenants of Air Force Reserve. See section 14301 et seq. of this title. section 8366, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1523; amended Pub. L. 86–559, § 1(53),
June 30, 1960, 74 Stat. 275; Pub. L. 90–130, § 1(28)(A), Nov. 8, 1967, 81 Stat. 382, related to promotion of first lieutenants, captains, and majors of Air Force Reserve or Air National Guard of United States. See section 14301 et seq. of this title. section 8367, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1525; amended Pub. L. 86–559, § 1(54),
June 30, 1960, 74 Stat. 276, related to selection board procedures for promotion of first lieutenants, captains, and majors of Air Force Reserve or Air National Guard of United States. See section 14001 et seq. of this title. section 8368, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1525; amended Pub. L. 86–559, § 1(55),
June 30, 1960. 74 Stat. 276; Pub. L. 90–130, § 1(28)(B), Nov. 8, 1967, 81 Stat. 382; Pub. L. 100–180, div. A, title XII, § 1231(19)(B), Dec. 4, 1987, 101 Stat. 1161, related to effect of failure of promotion of reserve officers in grades of first lieutenant, captain, and major. See section 14301 et seq. of this title. A prior section 8370, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1526; Pub. L. 86–559, § 1(56),
June 30, 1960, 74 Stat. 276, placed restrictions on promotion consideration of Air Force nurses, medical specialists, and female officers being considered for promotion to the Reserve grades of lieutenant colonel and colonel, prior to repeal by Pub. L. 90–130, § 1(28)(C), Nov. 8, 1967, 81 Stat. 382.

Amendments

2018—Pub. L. 115–232, § 807(b)(15), renumbered section 6336 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8330” for “section 6330”. 2006—Subsecs. (a), (c). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.

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. § 8336

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73