Title 10Armed ForcesRelease 119-73

§8384 Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty

Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART II— - PERSONNEL › Chapter CHAPTER 845— - RECALL TO ACTIVE DUTY › § 8384

Last updated Apr 6, 2026|Official source

Summary

Retired Navy and Marine enlisted on active duty may be promoted and keep rank or rating at release unless law grants a higher one.

Full Legal Text

Title 10, §8384

Armed Forces — Source: USLM XML via OLRC

When on active duty, retired enlisted members of the Navy or the Marine Corps are eligible for promotion to higher enlisted grades or ratings. When released from active duty, they shall, unless entitled to a higher grade under another provision of law, retain the grades or ratings they hold at the time of their release.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 648434 U.S.C. 434.
July 1, 1918, ch. 114, 40 Stat. 719 (1st 9 lines of 2d par.). The words “who has been ordered into active service since
April 6, 1917” are omitted as executed. The words “to higher enlisted grades or ratings” are inserted for clarity. The eligibility of retired enlisted men for appointments to warrant and commissioned grades is covered by chapter 539 of this title where the requirements for these appointments are set forth. The words “unless entitled to a higher grade under another provision of law” are inserted to make it clear that retired enlisted members are not precluded by this section from obtaining the benefits of other provisions of law that may give a higher grade to them on their release from active duty. The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§ 514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6484 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. § 8384

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73