10 U.S.C. § 8139 — Regular Navy and Regular Marine Corps:

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, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 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. [§ 8137. Repealed. Pub. L. 116–283, div. A, title V, § 509(a), Jan. 1, 2021, 134 Stat. 3586] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 325, § 5587; Pub. L. 90–179, § 5(2), Dec. 8, 1967, 81 Stat. 547; Pub. L. 90–386, § 1(5), July 5, 1968, 82 Stat. 293; Pub. L. 96–513, title III, § 324, Dec. 12, 1980, 94 Stat. 2893; renumbered § 8137, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834, related to regular Navy: officers designated for engineering duty, aeronautical engineer- ing duty, and special duty. § 8138. Regular Marine Corps: judge advocates With the approval of the Secretary of the Navy, any regular officer on the active-duty list of the Marine Corps who is qualified under sec- tion 827(b) of this title may, upon his applica- tion, be designated as a judge advocate. (Added Pub. L. 90–179, § 5(3), Dec. 8, 1967, 81 Stat. 548, § 5587a; amended Pub. L. 96–513, title V, § 503(30), Dec. 12, 1980, 94 Stat. 2913; renumbered § 8138, Pub. L. 115–232, div. A, title VIII, § 807(b)(4), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5587a of this title as this section. 1980—Pub. L. 96–513 struck out designation ‘‘(a)’’ be- fore ‘‘With the approval of the Secretary’’, substituted ‘‘active-duty list’’ for ‘‘active list’’, and struck out sub- sec. (b) which provided that, for the purposes of deter- mining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, a per- son appointed to the active list of the Marine Corps with a view to designation as a judge advocate could be credited with the amount of service prescribed by the Secretary of the Navy, but not more than three years. 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 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. § 8139. Regular Navy and Regular Marine Corps: officers designated for limited duty (a) Original appointments as regular officers of the Navy in a grade below lieutenant com- mander in the line and in staff corps established by the Secretary of the Navy under section 8090(b) of this title and designated by the Sec- retary 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 perform- ance 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 serv- ing 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 sub- section (a) of section 8146 of this title; and (D) is serving in the grade of lieutenant com- mander or commander, or in the grade of Page 3188 TITLE 10—ARMED FORCES § 8146 major or lieutenant colonel, under a tem- porary appointment under subsection (d) of section 8146 of this title. (d) To be eligible for an appointment under this section a member must have the qualifica- tions specified in section 532(a) of this title 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 perma- nent 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 des- ignated for engineering duty, aeronautical en- gineering duty, or special duty, or be assigned to unrestricted performance of duty; (2) if he is in a staff corps of the Navy, be as- signed 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 assign- ment of officers under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 326, § 5589; Pub. L. 87–123, § 5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96–513, title III, § 325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99–433, title V, § 514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103–337, div. A, title V, § 502, Oct. 5, 1994, 108 Stat. 2748; renumbered § 8139 and amended Pub. L. 115–232, div. A, title V, § 512, title VIII, §§ 807(b)(4), 809(a), Aug. 13, 2018, 132 Stat. 1751, 1834, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 5589 ......... 34 U.S.C. 211c ((a) (less statement of appoint- ing authority), and less (e)–(h)). Aug. 7, 1947, ch. 512, § 404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, § 1(f), 63 Stat. 568. In subsections (a) and (b) the authority to make ap- pointments under this section is confined to appoint- ments in the grades of ensign and second lieutenant, since the authority in the source statute to make ap- pointments in higher grades was limited and has been completely executed. The words ‘‘commissioned war- rant officers’’ are omitted as surplusage, since the term ‘‘warrant officers’’ includes commissioned warrant offi- cers. The word ‘‘male’’ is inserted to limit the application of the section to men. Authority to appoint women is covered in § 5590 of this title. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8090(b)’’ for ‘‘section 5150(b)’’ in introductory pro- visions. Subsec. (c)(2)(C), (D). Pub. L. 115–232, § 809(a), sub- stituted ‘‘section 8146’’ for ‘‘section 5596’’. Subsec. (d). Pub. L. 115–232, § 512, substituted ‘‘8 years’’ for ‘‘10 years’’. 1994—Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively. 1986—Subsec. (a). Pub. L. 99–433 substituted ‘‘section 5150(b)’’ for ‘‘section 5155(b)’’. 1980—Subsec. (a). Pub. L. 96–513, § 325(1), substituted ‘‘as regular officers of the Navy in a grade below lieu- tenant commander in the line and in staff corps estab- lished by the Secretary of the Navy under section 5155(b) of this title and designated by the Secretary for the purposes of this section may be made from’’ for ‘‘to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male’’. Subsec. (b). Pub. L. 96–513, § 325(2), substituted ‘‘as regular officers of the Marine Corps in a grade below major may be made from’’ for ‘‘to the active list of the Marine Corps in the grade of second lieutenant may be made from male’’. Subsec. (c). Pub. L. 96–513, § 325(3), inserted ‘‘the qualifications specified in section 532(a) of this title and have’’. 1961—Subsec. (e)(3). Pub. L. 87–123 struck out ‘‘be des- ignated for supply duty or’’ before ‘‘be assigned to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by sections 807(b)(4) and 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the co- ordination 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 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the 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. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty offi- cers under this section prior to September 15, 1981, see section 616 of Pub. L. 96–513, set out as a note under sec- tion 611 of this title. § 8146. Navy and Marine Corps: temporary ap- pointments of officers designated for limited duty (a) Under such regulations as he may pre- scribe, 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. Such appointments shall be made by warrant if in the grade of warrant officer, W–1, and by commis- sion if in a higher grade. (b) Temporary appointments under this sec- tion do not change the permanent, probationary, or acting status of members so appointed, preju- dice them in regard to promotion or appoint- ment, or abridge their rights or benefits. A per- son receiving a temporary appointment under this section may not suffer any reduction in the