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10 U.S.C. § 8139 — Regular Navy and Regular Marine Corps: officers designated for limited duty
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8090/b&num=0&edition=prelim) 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;
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
**(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;
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8146&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?r
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Stable record: federal_law:legal_authorities:record_usc_6806c9b16a891b54fc465f7a
Source file: Laws/federal/codes/united-states-code/title-10/section-8139-regular-navy-and-regular-marine-corps-officers-designated-for-limited-du--dfa5e896bc.md
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Source location: Title 10, Chapter 815, § 8139; chapter-815-original-appointments.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8090/b&num=0&edition=prelim) 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;
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
**(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;
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8146&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8146&num=0&edition=prelim).
**(d)** To be eligible for an appointment under this section a member must have the qualifications specified in [section 532(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section532/a&num=0&edition=prelim) 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.
When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.
**(g)** The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under such regulations as he may prescribe, the Secretary of the Navy may make temporary appointments of officers designated for limited duty in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain from sources authorized under [section 8139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8139&num=0&edition=prelim). Such appointments shall be made by warrant if in the grade of warrant officer, W–1, and by commission if in a higher grade.
**(b)** Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person receiving a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.
**(c)** The following members of the naval service are ineligible for temporary appointments under this section:
(1) Retired members.
(2) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty for training.
(3) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Navy Reserve or the Marine Corps Reserve.
(4) Members of the Navy Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.
**(d)** Officers designated for limited duty under subsection (a) may be temporarily appointed by the Sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8146
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
**(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information to Be Furnished to Congressional Committees.—** The Director of the Missile Defense Agency shall provide to the congressional defense committees information on the results of each flight test of the ground-based midcourse national missile defense system.
**(b) Content.—** Information provided under subsection (a) on the results of a flight test shall include the following matters:
(1) A thorough discussion of the content and objectives of the test.
(2) For each such test objective, a statement regarding whether or not the objective was achieved.
(3) For any such test objective not achieved—
(A) a thorough discussion describing the reasons that the objective was not achieved; and
(B) a discussion of any plans for future tests to achieve that objective.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 5553
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Federal law — U.S. Code and appendices · legal_authorities
Page 3187
TITLE 10—ARMED FORCES
§ 8139
§ 8135. Regular Marine Corps: order of filling va-
cancies in grade of second lieutenant
Vacancies on the active-duty list of the Ma-
rine Corps in the grade of second lieutenant
shall be filled, so far as practicable, first, from
members of the graduating class of the Naval
Academy; second, from meritorious noncommis-
sioned officers of the Regular Marine Corps; and
third, from other persons.
(Aug. 10, 1956, ch. 1041, 70A Stat. 324, § 5585; Pub.
L. 96–513, title V, § 503(29), Dec. 12, 1980, 94 Stat.
2913; renumbered § 8135, Pub. L. 115–232, div. A,
title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
5585 .........
34 U.S.C. 634.
Mar. 3, 1899, ch. 413, § 19,
30 Stat. 1008; Mar. 3,
1903, ch. 1010, 32 Stat.
1198 (1st proviso in 5th
par., 48th word to end
of proviso).
The words ‘‘from other persons’’ are substituted for
the words ‘‘from civil life’’ because 34 U.S.C. 1020e au-
thorizes the appointment of graduates of the NROTC
program as well as of other persons in civil life. Such
graduates are, properly, persons in ‘‘civil life’’, since
they are members of the Naval Reserve who are not on
active duty. However, since the status of members of
the NROTC is not always clear, the statement of the
class is expanded.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–232 renumbered section 5585 of this
title as this section.
1980—Pub. L. 96–513 substituted ‘‘active-duty list’’ for
‘‘active list’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 8139
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.