10 U.S.C. § 8373 — Navy Reserve and Marine Corps Reserve;

Page 3245 TITLE 10—ARMED FORCES § 8373 a grade below the grade of commander and each regular officer of the Marine Corps who is an officer’’ for ‘‘each regular officer of the Navy or Marine Corps’’. Subsec. (d). Pub. L. 98–525, § 529(c)(2), substituted ‘‘Ex- cept as provided in subsection (i), each’’ for ‘‘Each’’. Subsec. (i). Pub. L. 98–525, § 529(c)(3), inserted ‘‘or the discharge under subsection (d)’’ after ‘‘the retirement under subsection (a) or (b)’’ and substituted ‘‘An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be contin- ued on active duty beyond 20 years active commis- sioned service, if in the grade of lieutenant or captain, beyond 24 years active commissioned service, if in the grade of lieutenant commander or major, or beyond 28 years active commissioned service, if in the grade of lieutenant colonel, or beyond age 62, whichever is ear- lier’’ for ‘‘An officer whose retirement is deferred under this subsection and who is not subsequently promoted may not be continued on active duty beyond 24 years active commissioned service, if in the grade of lieuten- ant commander or major or 28 years active commis- sioned service, if in the grade of commander or lieuten- ant colonel, or beyond age 62, whichever is earlier’’. 1983—Subsec. (k). Pub. L. 98–94 added subsec. (k). 1980—Pub. L. 96–513, § 336(i), struck out ‘‘or sever- ance’’ before ‘‘pay’’ in section catchline. Subsec. (a). Pub. L. 96–513, § 336(a), substituted ‘‘Ex- cept as provided in subsection (i), each regular officer of the Navy or Marine Corps designated for limited duty’’ for ‘‘Each officer designated for limited duty on the active list of the Navy or Marine Corps’’. Subsec. (b). Pub. L. 96–513, § 336(b), authorized the dis- charge of certain officers considered as having failed of selection for promotion and provided that in cases of retirement such retirements were to occur on a date re- quested by the officer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fis- cal year in which such officer was considered as having failed of selection. Subsec. (c)(1). Pub. L. 96–513, § 336(c), substituted ‘‘de- termined under section 1370 of this title’’ for ‘‘in which he was serving at the time of retirement’’. Subsec. (c)(2). Pub. L. 96–513, § 513(17), substituted ‘‘September 8, 1980’’ for ‘‘the date of the enactment of the Department of Defense Authorization Act, 1981’’ wherever appearing. Pub. L. 96–342, designated existing provisions as sub- par. (A), inserted provision limiting applicability to of- ficers who became members of the uniformed services before the date of the enactment of the Department of Defense Authorization Act, 1981, and added subpar. (B). Subsec. (d). Pub. L. 96–513, § 336(d), provided that Navy lieutenants designated for limited duty and Marine Corps captains similarly designated who were consid- ered as having failed of selection for promotion were to be honorably discharged on a date requested by the of- ficer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fiscal year in which he was considered as having failed of selection. Subsec. (e). Pub. L. 96–513, § 336(d), designated existing provisions as par. (1), provided that Navy lieutenants (junior grade) designated for limited duty and Marine Corps first lieutenants similarly designated who were considered as having failed of selection for promotion were to be honorably discharged on a date requested by the officer concerned and approved by the Secretary of the Navy but not later than the first day of the seventh calendar month beginning after the month in which the President approved the report of the selection board rather than on June 30th of the fiscal year in which he was considered as having failed of selection, and added par. (2). Subsec. (f). Pub. L. 96–513, § 336(e), (f), redesignated subsec. (g) as (f), substituted ‘‘discharge under sub- section (d)’’ for ‘‘retirement or discharge under sub- sections (b), (d)’’ and ‘‘instead of being discharged’’ for ‘‘instead of being retired or discharged’’ in two places, and struck out former subsec. (f) authorizing a lump- sum severance payment to certain discharged officers. Subsecs. (g) to (j). Pub. L. 96–513, § 336(f)–(h), added subsecs. (h) to (j) and redesignated existing subsecs. (g) and (h) as (f) and (g), respectively. 1963—Subsec. (c)(2). Pub. L. 88–132 substituted ‘‘of’’ for ‘‘to which he would be entitled if serving on active duty in’’ after ‘‘21⁄2 percent of the basic pay’’. 1962—Subsec. (f). Pub. L. 87–509 limited the lump-sum payment to not more than $15,000. 1960—Subsec. (d). Pub. L. 86–616 permits an officer, if he so requests, to be honorably discharged at any time during the fiscal year in which he is considered as hav- ing failed of selection for promotion to the grade of lieutenant commander or major for the second time. Subsec. (e). Pub. L. 86–616 permits an officer, if he so requests, to be honorably discharged at any time dur- ing the fiscal year in which he is considered as having failed of selection for promotion to the grade of lieu- tenant or captain for the second time. 1958—Subsec. (c)(2). Pub. L. 85–422 substituted ‘‘that may be credited to him under section 1405 of this title’’ for ‘‘creditable for basic pay’’. 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, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 336 of Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regula- tions under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, and amendment by section 513(17) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of Title 37, Pay and Allowances of the Uni- formed Services. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–422 effective June 1, 1958, see section 9 of Pub. L. 85–422, May 20, 1958, 72 Stat. 130. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For transition provisions relating to limited-duty of- ficers of the Regular Navy or Regular Marine Corps, see section 616 of Pub. L. 96–513, set out as a note under sec- tion 611 of this title. § 8373. Navy Reserve and Marine Corps Reserve; officers: elimination from active status; com- putation of total commissioned service (a) Subject to section 12645 of this title, an of- ficer in an active status in the Navy Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieutenant, who is con- Page 3246 TITLE 10—ARMED FORCES § 8373 sidered as having twice failed of selection for promotion to the next higher grade while on the active-duty list may, in the discretion of the Secretary of the Navy, be eliminated from an active status or released from active duty and placed on the reserve active-status list. (b) An officer who is to be eliminated from an active status under subsection (a) shall, if quali- fied, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he re- quests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate in- active status list or be discharged from the Navy Reserve or the Marine Corps Reserve. (c)(1) An officer in an active status in the Navy Reserve in the permanent grade of lieuten- ant commander or commander, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or lieutenant colonel, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Navy Reserve or the Marine Corps Re- serve if he has completed a period of total com- missioned service equal to that specified below for the permanent grade in which he is serving: Grade Total com- missioned service Navy Marine Corps Commander ......................... Lieutenant colonel. 28 years. Lieutenant commander ....... Major .......... 20 years. (2) Notwithstanding the first sentence of para- graph (1), the Secretary may defer the retire- ment or discharge of such number of officers serving in the grade of lieutenant commander as are necessary to maintain the authorized officer strength of the Ready Reserve, but the duration of such deferment for any individual officer may not be in excess of five years. (3) Notwithstanding paragraph (1), the Sec- retary may defer the retirement or discharge under this subsection of an officer serving in the permanent grade of lieutenant commander or commander in the Navy Reserve or in the per- manent grade of major or lieutenant colonel in the Marine Corps Reserve for a period of time which does not exceed the amount of service in an active status which was credited to the offi- cer at the time of his original appointment or thereafter under any provision of law, if the offi- cer can complete at least 20 years of service as computed under section 12732 of this title during the period of such deferment. (4) Notwithstanding paragraph (1), the Sec- retary may defer the retirement or discharge under this subsection of such number of officers serving in the permanent grade of commander in the Medical Corps, Chaplain Corps, or Dental Corps in the Navy Reserve as are necessary to provide for mobilization requirements. (d) For the purposes of subsection (c), the total commissioned service of an officer who has served continuously in the Navy Reserve or the Marine Corps Reserve following appointment therein in the permanent grade of ensign or sec- ond lieutenant, as the case may be, shall be computed from June 30 of the fiscal year in which he accepted the appointment. Each other officer is considered to have for this purpose as much total commissioned service as the years of active commissioned service of any regular offi- cer on the active-duty list of the Navy not re- stricted in the performance of duty, or any reg- ular officer on the active-duty list of the Marine Corps not restricted in the performance of duty, as appropriate, who has served continuously since original appointment as an ensign on the active-duty list of the Navy or as a second lieu- tenant on the active-duty list of the Marine Corps, has not lost numbers or precedence, and is, or has been after September 6, 1947, junior to that other officer. However, the total commis- sioned service that the other officer is consid- ered to have may not be less than the actual number of years he has served as a commis- sioned officer in a grade above chief warrant of- ficer, W–5. (Added Pub. L. 85–861, § 1(144)(A), Sept. 2, 1958, 72 Stat. 1509, § 6389; amended Pub. L. 86–559, § 1(46), June 30, 1960, 74 Stat. 274; Pub. L. 96–513, title III, § 337(a), Dec. 12, 1980, 94 Stat. 2900; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, § 528(c), Oct. 19, 1984, 98 Stat. 2526; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102–190, div. A, title XI, § 1131(8)(A), Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103–337, div. A, title XVI, §§ 1628, 1673(c)(1), Oct. 5, 1994, 108 Stat. 2962, 3016; Pub. L. 104–106, div. A, title XV, § 1501(c)(25), Feb. 10, 1996, 110 Stat. 499; Pub. L. 109–163, div. A, title V, § 515(b)(1)(M), (3)(C), Jan. 6, 2006, 119 Stat. 3233, 3234; renumbered § 8373, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6389(a) ..... 50:1311(c) (1st sentence). Sept. 3, 1954, ch. 1257, § 411(c) (1st sentence), 68 Stat. 1170. 6389(b) ..... 50:1311(a) (as applicable to 1311(c)). Sept. 3, 1954, ch. 1257, § 411(a) (as applicable to 411(c)), 68 Stat. 1169. 6389(c) ..... 50:1311(c) (2d sentence). Sept. 3, 1954, ch. 1257, § 411(c) (2d sentence), 68 Stat. 1170. 6389(d) ..... 50:1311(c) (less 1st and 2d sentences). Sept. 3, 1954, ch. 1257, § 411(c) (less 1st and 2d sentences), 68 Stat. 1170. 6389(e) ..... [No source]. [No source]. In subsection (a), the words ‘‘who is considered as having twice failed of selection for promotion’’ are sub- stituted for the words ‘‘after failing of selection for promotion * * * a second time’’ to conform to similar statements in this title. (See the revision note on sec- tion 5776.) The words ‘‘may be retained in’’ are omitted as surplusage, since the authority to eliminate such of- ficers from an active status is discretionary with the Secretary. Subsection (e) is added to avoid conflict with 50:1311(d) and (e), codified in sections 6397 and 6403 of this title. 50:1311(d) and (e) contain special provisions for ‘‘women officers’’ and officers in the Nurse Corps, respectively, so that officers in these categories must be excepted from this section. Women officers ap- pointed under the act of June 24, 1952, ch. 457 (66 Stat. 155; 34 U.S.C. 21e) (codified in section 5581 of this title), are not ‘‘women officers’’ within the meaning of 50:1311(d), however, but are required to be promoted, re- Page 3247 TITLE 10—ARMED FORCES § 8373 tired, or eliminated from active status as if they were men. (See the revision note on section 5665 of this title.) The application of this section to these officers is therefore made explicit. Both men and women are eligible for appointment as reserve officers in the Nurse Corps and are subject to the special provisions relating to that corps. Editorial Notes PRIOR PROVISIONS A prior section 8373, added Pub. L. 89–172, § 1, Sept. 8, 1965, 79 Stat. 662, related to promotion of officers to grades of brigadier general and major general of Air Force Reserve, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effec- tive Oct. 1, 1996. See section 14315 of this title. Another prior section 8373, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528; amended Pub. L. 86–559, § 1(58), June 30, 1960, 74 Stat. 277, containing similar subject matter, expired by its own terms on June 30, 1964. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6389 of this title as this section. 2006—Pub. L. 109–163, § 515(b)(3)(C), substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in section catchline. Pub. L. 109–163, § 515(b)(1)(M), substituted ‘‘Navy Re- serve’’ for ‘‘Naval Reserve’’ wherever appearing in text. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘section 12732’’ for ‘‘section 1332’’. 1994—Subsec. (a). Pub. L. 103–337, § 1673(c), substituted ‘‘12645’’ for ‘‘1005’’. Pub. L. 103–337, § 1628(1), inserted ‘‘while on the ac- tive-duty list’’ after ‘‘to the next higher grade’’ and ‘‘or released from active duty and placed on the reserve ac- tive-status list’’ after ‘‘from an active status’’. Subsec. (b). Pub. L. 103–337, § 1628(2), struck out ‘‘or (f)’’ after ‘‘subsection (a)’’. Subsec. (c). Pub. L. 103–337, § 1628(3)(H), designated last sentence as par. (4) and in that sentence sub- stituted ‘‘paragraph (1)’’ for ‘‘the first two sentences of this subsection’’ and struck out ‘‘captain or’’ after ‘‘permanent grade of’’. Pub. L. 103–337, § 1628(3)(G), designated 4th sentence as par. (3) and in that sentence substituted ‘‘paragraph (1)’’ for ‘‘the first two sentences of this subsection’’. Pub. L. 103–337, § 1628(3)(F), designated sentence after table as par. (2) and in that sentence substituted ‘‘the first sentence of paragraph (1)’’ for ‘‘the first sentence of this subsection’’. Pub. L. 103–337, § 1628(3)(E), in table struck out line re- lating to grades of captain in Navy and colonel in Ma- rine Corps and substituted ‘‘28 years’’ for ‘‘26 years’’. Pub. L. 103–337, § 1628(3)(D), inserted ‘‘while on the ac- tive-duty list’’ after ‘‘to the next higher grade’’ in first sentence. Pub. L. 103–337, § 1628(3)(C), substituted ‘‘major or lieutenant colonel’’ for ‘‘major or above’’ in two places. Pub. L. 103–337, § 1628(3)(B), substituted ‘‘lieutenant commander or commander’’ for ‘‘lieutenant com- mander or above’’ in two places. Pub. L. 103–337, § 1628(3)(A), inserted ‘‘(1)’’ after ‘‘(c)’’. Subsec. (e). Pub. L. 103–337, § 1628(4), struck out sub- sec. (e) which read as follows: ‘‘This section does not apply to women reserve officers or to reserve officers in the Nurse Corps.’’ Subsec. (f). Pub. L. 103–337, § 1628(4), struck out sub- sec. (f) which provided for transfer or discharge of rear admirals (lower half) in Naval Reserve and brigadier generals in Marine Corps Reserve on completion of 30 years service or five years in grade and for rear admi- rals in Naval Reserve and major generals in Marine Corps Reserve on completion of 35 years service or five years in grade and provided that rear admirals (lower half) and rear admirals in Naval Reserve and brigadier generals and major generals in Marine Corps Reserve could be considered for early retirement by continu- ation board. See sections 14508 and 14705 of this title. Subsec. (g). Pub. L. 103–337, § 1628(4), struck out sub- sec. (g) which read as follows: ‘‘An officer in an active status in the Naval Reserve in the permanent grade of ensign who is found not qualified for promotion to the grade of lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the per- manent grade of second lieutenant who is found not qualified for promotion to the grade of first lieutenant, may (unless he is sooner promoted) be eliminated from an active status.’’ 1991—Subsec. (d). Pub. L. 102–190 substituted ‘‘W–5’’ for ‘‘W–4’’. 1985—Subsec. (f)(1), (3). Pub. L. 99–145 substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’. 1984—Subsec. (g). Pub. L. 98–525 added subsec. (g). 1981—Subsec. (f)(1), (3). Pub. L. 97–86 substituted ‘‘commodore’’ for ‘‘commodore admiral’’. 1980—Subsec. (b). Pub. L. 96–513, § 337(a)(1), sub- stituted ‘‘subsection (a) or (f)’’ for ‘‘subsection (a)’’. Subsec. (d). Pub. L. 96–513, § 337(a)(2), substituted ‘‘as the years of active commissioned service of any regular officer on the active-duty’’ for ‘‘as any officer in the line on the active’’ and ‘‘or any regular officer on the active-duty list of the Marine Corps’’ for ‘‘or any offi- cer on the active list of the Marine Corps’’. Subsec. (e). Pub. L. 96–513, § 337(a)(3), substituted ‘‘does not apply to’’ for ‘‘applies to women officers ap- pointed under section 5581 of this title, but not to other’’. Subsec. (f). Pub. L. 96–513, § 337(a)(4), added subsec. (f). 1960—Subsec. (c). Pub. L. 86–559 empowered the Sec- retary to defer the retirement or discharge of officers serving in the grade of lieutenant commander in the Ready Reserve, in the permanent grade of lieutenant commander or above in the Naval Reserve, in the per- manent grade of major or above in the Marine Corps Reserve, and in the permanent grade of captain or com- mander in the Medical Corps, Chaplain Corps, or Dental Corps in the Naval Reserve. 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, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 1673(c)(1) of Pub. L. 103–337 ef- fective Dec. 1, 1994, except as otherwise provided, and amendment by section 1628 of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the Page 3248 TITLE 10—ARMED FORCES § 8374 amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 8374. Treatment of fractions of years of service in computing retired pay and separation pay In determining the total number of years of service to be used as a multiplier in computing retired pay and separation pay on discharge under this chapter, each full month of service that is in addition to the number of full years of service creditable to a member is counted as one-twelfth of a year and any remaining frac- tional part of a month is disregarded. (Aug. 10, 1956, ch. 1041, 70A Stat. 415, § 6404; Pub. L. 96–513, title V, § 503(50), Dec. 12, 1980, 94 Stat. 2915; Pub. L. 98–94, title IX, § 923(c)(4), Sept. 24, 1983, 97 Stat. 643; renumbered § 8374, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6404 ......... 34 U.S.C. 410c(a) (1st pro- viso). Feb. 21, 1946, ch. 34, § 7 (a) (1st proviso), 60 Stat. 27; Aug. 7, 1947, ch. 512, § 432(a), 61 Stat. 881. 34 U.S.C. 410j(g) (1st pro- viso). Aug. 7, 1947, ch. 512, § 312(g) (1st proviso), 61 Stat. 860. 34 U.S.C. 410d (1st pro- viso). Feb. 21, 1946, ch. 34, § 9 (1st proviso), 60 Stat. 28; Aug. 7, 1947, ch. 512, § 432(b), 61 Stat. 881. 34 U.S.C. 410j(h) (1st pro- viso). Aug. 7, 1947, ch. 512, § 312(h) (1st proviso), 61 Stat. 860. 34 U.S.C. 410r(h). June 12, 1948, ch. 449, § 207(h), 62 Stat. 368. 34 U.S.C. 410r(j) (pro- viso). June 12, 1948, ch. 449, § 207(j) (proviso), 62 Stat. 366. 34 U.S.C. 43g(g). Apr. 16, 1947, ch. 38, § 207(h), 61 Stat. 50; re- designated (g), Aug. 7, 1947, ch. 512, § 434(d), 61 Stat. 882; May 16, 1950, ch. 186, § 3(j), 64 Stat. 162. 34 U.S.C. 625h(a). June 12, 1948, ch. 449, § 213(a), 62 Stat. 369. The words ‘‘and a part of a year that is less than six months is disregarded’’ are added for clarity. The legis- lative history of the Career Compensation Act of 1949, which contains a provision identical to those codified in this section, indicates that all of these provisions are construed as requiring a fractional year of less than six months to be disregarded (hearing before the Com- mittee on Armed Services of the Senate on H.R. 5007, 81st Cong., 1st sess., p. 313, July 6, 1949). Editorial Notes PRIOR PROVISIONS A prior section 8374, added Pub. L. 85–861, § 1(178)(C), Sept. 2, 1958, 72 Stat. 1528, provided that promotion of reserve commissioned officers be effective upon Federal recognition in next higher grade of Air National Guard, prior to repeal by Pub. L. 103–337, div. A, title XVI, § 1629(c)(1), Oct. 5, 1994, 108 Stat. 2963, effective Oct. 1, 1996. See section 14308(f) of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6404 of this title as this section. 1983—Pub. L. 98–94 substituted ‘‘each full month of service that is in addition to the number of full years of service creditable to a member is counted as one- twelfth of a year and any remaining fractional part of a month is disregarded’’ for ‘‘a part of a year that is six months or more is counted as a whole year and a part of a year that is less than six months is disregarded’’. 1980—Pub. L. 96–513 substituted ‘‘separation pay’’ for ‘‘severance pay’’ in section catchline and substituted ‘‘separation pay’’ for ‘‘lump-sum payments’’ in text. 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, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 applicable with respect to the computation of retired or retainer pay of any in- dividual who becomes entitled to that pay after Sept. 30, 1983, see section 923(g) of Pub. L. 98–94, set out as a note under section 1174 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 8375. Navy and Marine Corps; warrant officers, W–1: limitation on dismissal (a) No officer who holds the grade of warrant officer, W–1, may be dismissed from the Navy or the Marine Corps except in time of war, by order of the President. (b) The President may drop from the rolls of the Navy or the Marine Corps any officer who holds the grade of warrant officer, W–1, who— (1) has been absent without authority for at least three months; or (2) is sentenced to confinement in a Federal or State penitentiary or correctional institu- tion after having been found guilty of an of- fense by a court other than a court-martial or other military court, and whose sentence has become final. (Aug. 10, 1956, ch. 1041, 70A Stat. 416, § 6408; re- numbered § 8375, Pub. L. 115–232, div. A, title VIII, § 807(b)(16), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6408 ......... 50 U.S.C. 739 (as applica- ble to warrant officers, W–1, of the Navy and the Marine Corps). May 5, 1950, ch. 169, § 10 (as applicable to war- rant officers, W–1, of the Navy and the Ma- rine Corps), 64 Stat. 146. This section reflects the opinion of the Judge Advo- cate General of the Navy (JAG:I:2:ERS:cmr, dtd. 13 April 1954) that 50 U.S.C. 739 applies to warrant officers (now warrant officers, W–1), of the Navy and the Marine Corps. The Warrant Officer Act of 1954 established the grade of warrant officer, W–1, in lieu of the former war- rant officer (as distinguished from commissioned war- rant officer) grades. 50 U.S.C. 739, as applicable to offi- cers above the grade of warrant officer, W–1, is codified in § 1161 of this title. In subsection (a) the words ‘‘by sentence of a general court-martial, or in commutation thereof’’ are omitted since the separation from the service of a warrant offi- cer, W–1, by sentence of court-martial is effected by dishonorable discharge. In subsection (b) the words ‘‘from his place of duty’’ are omitted as surplusage. The words ‘‘at least’’ are substituted for the words ‘‘or more’’. The words ‘‘by a