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U.S. Code as of:
01/19/04
Section 6383. Regular Navy and Regular Marine Corps; officers designated for limited duty: retirement for length of service or failures of selection for promotion; discharge for failures of selection for promotion; reversion to prior status; retired grade; retired pay
(a) Mandatory Retirement. - (1) Except as provided in subsection
(k), each regular officer of the Navy who is an officer designated
for limited duty and who is serving in a grade below the grade of
commander and each regular officer of the Marine Corps who is an
officer designated for limited duty shall be retired on the last
day of the month following the month in which he completes 30 years
of active naval service, exclusive of active duty for training in a
reserve component.
(2) Except as provided in subsection (k), each regular officer of
the Navy designated for limited duty who is serving in the grade of
commander, has failed of selection for promotion to the grade of
captain for the second time, and is not on a list of officers
recommended for promotion to the grade of captain shall -
(A) if eligible for retirement as a commissioned officer under
any provision of law, be retired under that provision of law on
the date requested by the officer and approved by the Secretary
of the Navy, except that the date of retirement may not be later
than the first day of the seventh month beginning after the month
in which the President approves the report of the selection board
in which the officer is considered as having failed for promotion
to the grade of captain for a second time; or
(B) if not eligible for retirement as a commissioned officer,
be retired on the date requested by the officer and approved by
the Secretary of the Navy after the officer becomes eligible for
retirement as a commissioned officer, except that the date of
retirement may not be later than the first day of the seventh
calendar month beginning after the month in which the officer
becomes eligible for retirement as a commissioned officer.
(3) Except as provided in subsection (k), if not retired earlier,
a regular officer of the Navy designated for limited duty who is
serving in the grade of commander and is not on a list of officers
recommended for promotion to the grade of captain shall be retired
on the last day of the month following the month in which the
officer completes 35 years of active naval service, exclusive of
active duty for training in a reserve component.
(4) Except as provided in subsection (k), each regular officer of
the Navy designated for limited duty who is serving in the grade of
captain shall, if not retired sooner, be retired on the last day of
the month following the month in which the officer completes 38
years of active naval service, exclusive of active duty for
training in a reserve component.
(b) Lieutenant Commanders and Majors Who Twice Fail of Selection
for Promotion. - Except as provided in subsections (f) and (k),
each regular officer on the active-duty list of the Navy serving in
the grade of lieutenant commander who is an officer designated for
limited duty, and each regular officer on the active-duty list of
the Marine Corps serving in the grade of major who is an officer
designated for limited duty, who is considered as having failed of
selection for promotion to the grade of commander or lieutenant
colonel, respectively, for the second time and whose name is not on
a promotion list shall be retired, if eligible to retire, or be
discharged on the date requested by the officer 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 approves the report of the selection board in which the
officer is considered as having failed of selection for promotion
to the grade of commander or lieutenant colonel for the second
time.
(c) Retired Grade and Retired Pay. - Each officer retired under
subsection (a) or (b) -
(1) unless otherwise entitled to a higher grade, shall be
retired in the grade determined under section 1370 of this title;
and
(2) is entitled to retired pay computed under section 6333 of
this title.
(d) Navy Lieutenants and Marine Corps Captains Who Twice Fail of
Selection for Promotion. - Except as provided in subsections (f)
and (k), each regular officer on the active-duty list of the Navy
serving in the grade of lieutenant who is an officer designated for
limited duty, and each regular officer on the active duty list of
the Marine Corps serving in the grade of captain who is an officer
designated for limited duty, who is considered as having failed of
selection for promotion to the grade of lieutenant commander or
major for the second time and whose name is not on a list of
officers recommended for promotion shall be honorably discharged on
the date requested by the officer 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 approves the
report of the selection board in which the officer is considered as
having failed of selection for promotion to the grade of lieutenant
commander or major for the second time.
(e) Officers in Pay Grades O-2 and O-1 Who Twice Fail of
Selection for Promotion or Are Found Not Qualified for Promotion. -
(1) Each regular officer on the active-duty list of the Navy
serving in the grade of lieutenant (junior grade) who is an officer
designated for limited duty, and each regular officer on the
active-duty list of the Marine Corps serving in the grade of first
lieutenant who is an officer designated for limited duty, who is
considered as having failed of selection for promotion to the grade
of lieutenant (in the case of an officer of the Navy) or captain
(in the case of an officer of the Marine Corps) for the second time
shall be honorably discharged on the date requested by the officer
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 approves the report of the selection board
in which the officer is considered as having failed of selection
for promotion to the grade of lieutenant or captain, respectively,
for the second time.
(2) Each regular officer on the active-duty list of the Navy
serving in the grade of ensign who is an officer designated for
limited duty, and each regular officer on the active-duty list of
the Marine Corps serving in the grade of second lieutenant who is
an officer designated for limited duty, who is found not qualified
for promotion to the grade of lieutenant (junior grade) (in the
case of an officer of the Navy) or first lieutenant (in the case of
an officer of the Marine Corps) shall be honorably discharged on
the date requested by the officer 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 officer was found not
qualified for promotion.
(f) 18-Year Retirement Sanctuary. - If an officer subject to
discharge under subsection (b), (d), or (e) is (as of the date on
which the officer is to be discharged) not eligible for retirement
under any provision of law but is within two years of qualifying
for retirement under section 6323 of this title, the officer shall
be retained on active duty as an officer designated for limited
duty until becoming qualified for retirement under that section and
shall then be retired under that section, unless the officer is
sooner retired or discharged under another provision of law or the
officer reverts to a warrant officer grade pursuant to subsection
(h).
(g) Reenlistment for LDOs Appointed From Enlisted Grades. - (1)
An officer subject to discharge under subsection (b), (d), or (e)
who is described in paragraph (2) may, upon the officer's request
and in the discretion of the Secretary of the Navy, be enlisted in
a grade prescribed by the Secretary upon the officer's discharge
pursuant to such subsection.
(2) An officer described in this paragraph is an officer who -
(A) is not eligible for retirement under any provision of law;
(B) is not covered by subsection (f); and
(C) was in an enlisted grade when first appointed as an officer
designated for limited duty.
(h) Reversion to Warrant Officer Grade for LDOs Appointed From
Warrant Officer Grades. - An officer subject to discharge under
subsection (b), (d), or (e) (including an officer otherwise subject
to retention under subsection (f)) who is not eligible for
retirement under any provision of law and who had the permanent
status of a warrant officer when first appointed as an officer
designated for limited duty may, at the officer's option, revert to
the warrant officer grade and status that the officer would hold if
the officer had not been appointed as an officer designated for
limited duty.
(i) Determination of Grade and Status of Officers Reverting to
Prior Status. - In any computation to determine the grade and
status to which an officer may revert under this section, all
active service as an officer designated for limited duty or as a
temporary or reserve officer is included.
(j) Separation Pay for Officers Discharged. - An officer
discharged under this section is entitled, if eligible therefor, to
separation pay under section 1174(a)(1) of this title.
(k) Selective Retention Boards for LDOs. - Under such regulations
as he may prescribe, whenever the needs of the service require, the
Secretary of the Navy may defer the retirement under subsection (a)
or (b) or the discharge under subsection (b) or (d) of any officer
designated for limited duty upon recommendation of a board of
officers convened under section 611(b) of this title and with the
consent of the officer concerned. An officer whose retirement is
deferred under this subsection and who is not subsequently promoted
may not be continued on active duty beyond 20 years active
commissioned 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 earlier.
(l) Applicability of Section Only to Permanent LDOs. - This
section does not apply to officers designated for limited duty
under section 5596 of this title.
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