Title 10 — Armed ForcesRelease 119-73not60
§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 II— PERSONNEL › Chapter 845— RECALL TO ACTIVE DUTY › § 8384
Summary
If retired enlisted members of the Navy or Marine Corps are promoted while on active duty, they must keep the higher grade or rating they had when they leave active duty. The only exception is if another law gives them a higher grade.
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 The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§ 514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).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 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60