
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6383]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
      CHAPTER 573--INVOLUNTARY RETIREMENT, SEPARATION, AND FURLOUGH
 
Sec. 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 405; Pub. L. 85-422, 
Sec. 11(a)(6)(D), May 20, 1958, 72 Stat. 131; Pub. L. 86-616, Sec. 5(2), 
July 12, 1960, 74 Stat. 390; Pub. L. 87-509, Sec. 4(b), June 28, 1962, 
76 Stat. 121; Pub. L. 88-132, Sec. 5(h)(4), Oct. 2, 1963, 77 Stat. 214; 
Pub. L. 96-342, title VIII, Sec. 813(d)(7), Sept. 8, 1980, 94 Stat. 
1106; Pub. L. 96-513, title III, Sec. 336, title V, Sec. 513(17), Dec. 
12, 1980, 94 Stat. 2898, 2932; Pub. L. 98-94, title IX, Sec. 922(a)(11), 
Sept. 24, 1983, 97 Stat. 642; Pub. L. 98-525, title V, Sec. 529(c), Oct. 
19, 1984, 98 Stat. 2526; Pub. L. 99-348, title II, Sec. 203(b)(7), July 
1, 1986, 100 Stat. 696; Pub. L. 101-510, div. A, title V, 
Sec. 501(f)(2), Nov. 5, 1990, 104 Stat. 1551; Pub. L. 102-484, div. A, 
title V, Sec. 504(c), (d), Oct. 23, 1992, 106 Stat. 2403, 2404; Pub. L. 
103-160, div. A, title V, Sec. 561(e), Nov. 30, 1993, 107 Stat. 1667; 
Pub. L. 103-337, div. A, title V, Sec. 503, Oct. 5, 1994, 108 Stat. 
2749; Pub. L. 105-261, div. A, title V, Sec. 504(c), (d), Oct. 17, 1998, 
112 Stat. 2004.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6383(a)-(h)...........................  34 U.S.C. 410j(a).                   Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
12(a), 61 Stat. 858.
                                        34 U.S.C. 626-1(a) (1st sentence).   Au
g. 7, 1947, ch. 512, Sec.  314(a)
                                                                              (
1st sentence), 61 Stat. 863; May
                                                                              5
, 1954, ch. 180, Sec.  205, 68
                                                                              S
tat. 68.
                                        34 U.S.C. 626-1(o).                  Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
14(o), 61 Stat. 865.
                                        34 U.S.C. 3c(b) (1st sentence).      Au
g. 7, 1947, ch. 512, Sec.  302(b)
                                                                              (
1st sentence), 61 Stat. 829.
6383(a)...............................  34 U.S.C. 410j(d).                   Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
12(d), 61 Stat. 859.
6383(b)...............................  34 U.S.C. 410j(f) (less provisos).   Au
g. 7, 1947, ch. 512, Sec.  312(f)
                                                                              (
less provisos), 61 Stat. 859.
6383(c)...............................  34 U.S.C. 389 (1st sentence as       R.
S. 1457 (1st sentence as
                                         applicable to grade).                a
pplicable to grade).
                                        34 U.S.C. 410j(g) (less provisos).   Au
g. 7, 1947, ch. 512, Sec.  312(g)
                                                                              (
less provisos), 61 Stat. 860.
                                        34 U.S.C. 3c(j).                     Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
12(j), 61 Stat. 831.
6383(d), (e), (f).....................  34 U.S.C. 410j(h) (as applicable to  Au
g. 7, 1947, ch. 512, Sec.  312(h)
                                         officers designated for limited      (
as applicable to officers
                                         duty who fail of selection, less     d
esignated for limited duty who
                                         provisos).                           f
ail of selection less provisos),
                                                                              6
1 Stat. 860.
                                        34 U.S.C. 410j(m) (less              Au
g. 7, 1947, ch. 512, Sec.
                                         applicability to persons             3
12(m); added June 18, 1954, ch.
                                         discharged under 34 U.S.C.           3
11, (b) (less applicability to
                                         410j(l)).                            p
ersons discharged under Sec.
                                                                              3
12(l)), 68 Stat. 257.
6383(g), (h)..........................  34 U.S.C. 410j(f) (provisos).        Au
g. 7, 1947, ch. 512, Sec.  312(f)
                                                                              (
provisos), 61 Stat. 859.
                                        34 U.S.C. 410j(h) (2d proviso as     Au
g. 7, 1947, ch. 512, Sec.  312(h)
                                         applicable to officers designated    (
2d proviso as applicable to
                                         for limited duty who fail of         o
fficers designated for limited
                                         selection).                          d
uty who fail of selection), 61
                                                                              S
tat. 860.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a) the words ``if not otherwise retired pursuant to 
law'' are omitted as surplusage.
    In subsection (c) the pay provisions are worded so as to conform to 
the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et 
seq.).
    The second proviso in Sec. 312(g) of the Officer Personnel Act of 
1947 (34 U.S.C. 410j(g)), relating to the retired pay of officers 
commissioned in the Regular Navy under the Act of April 18, 1946, ch. 
141, as amended (34 U.S.C. 15), and officers commissioned in the Regular 
Navy while serving on active duty as officers of the Naval Reserve, is 
not codified in this section because it is inapplicable to officers 
designated for limited duty. The only authority to appoint limited duty 
officers is Sec. 404(a) of the Officer Personnel Act of 1947 (34 U.S.C. 
211c(a)). Naval Reserve officers are not eligible for such appointments. 
Hence there can be no limited duty officers in the categories mentioned 
in the proviso.
    In subsection (f) the words ``to which he would otherwise become 
entitled'' are omitted as surplusage and the words ``based on the 
service for which he has received payment'' are substituted for the 
words ``attributable to the active service in respect of which lump-sum 
payment shall have been made to him''.
    The second proviso in Sec. 312(f) of the Officer Personnel Act of 
1947 (34 U.S.C. 410j(f)), which provides that officers who exercise 
their option to revert to a warrant officer grade shall be retired upon 
completing 30 years of active naval service, is omitted as superseded by 
Sec. 14(b)(2) of the Warrant Officer Act of 1954 (34 U.S.C. 430(b)(2)), 
codified in Sec. 1305 of this title.


                               Amendments

    1998--Subsec. (a)(5). Pub. L. 105-261, Sec. 504(c), struck out par. 
(5) which read as follows: ``Paragraphs (2) through (4) shall be 
effective only during the period beginning on July 1, 1993, and ending 
on October 1, 1999.''
    Subsec. (k). Pub. L. 105-261, Sec. 504(d), struck out at end 
``During the period beginning on July 1, 1993, and ending on October 1, 
1999, an officer of the Navy in the grade of commander or captain whose 
retirement is deferred under this subsection and who is not subsequently 
promoted may not be continued on active duty beyond age 62 or, if 
earlier, 28 years of active commissioned service if in the grade of 
commander or 30 years of active commissioned service if in the grade of 
captain.''
    1994--Subsec. (a). Pub. L. 103-337, Sec. 503(c)(1), (d)(1), inserted 
heading and substituted ``Except as provided in subsection (k)'' for 
``Except as provided in subsection (i)'' in pars. (1) to (4).
    Subsec. (b). Pub. L. 103-337, Sec. 503(c)(2), (d)(2), inserted 
heading and substituted ``Except as provided in subsections (f) and 
(k)'' for ``Except as provided in subsection (i)''.
    Subsec. (c). Pub. L. 103-337, Sec. 503(d)(3), inserted heading.
    Subsec. (d). Pub. L. 103-337, Sec. 503(c)(2), (d)(4), inserted 
heading and substituted ``Except as provided in subsections (f) and 
(k)'' for ``Except as provided in subsection (i)''.
    Subsec. (e). Pub. L. 103-337, Sec. 503(d)(5), inserted heading.
    Subsec. (f). Pub. L. 103-337, Sec. 503(a)(2), added subsec. (f) and 
struck out former subsec. (f) which read as follows: ``If any officer 
subject to discharge under subsection (d) or (e) had the permanent 
status of a warrant officer when first appointed as an officer 
designated for limited duty, he has the option, instead of being 
discharged, of reverting to the grade and status he would hold if he had 
not been so appointed. If any such officer had a permanent grade below 
the grade of warrant officer, W-1, when first so appointed, he has the 
option, instead of being discharged, of reverting to the grade and 
status he would hold if he had not been so appointed but had instead 
been appointed a warrant officer, W-1.''
    Subsecs. (g), (h). Pub. L. 103-337, Sec. 503(a)(2), added subsecs. 
(g) and (h). Former subsecs. (g) and (h) redesignated (i) and (j), 
respectively.
    Subsec. (i). Pub. L. 103-337, Sec. 503(a)(1), (d)(6), redesignated 
subsec. (g) as (i) and inserted heading. Former subsec. (i) redesignated 
(k).
    Subsec. (j). Pub. L. 103-337, Sec. 503(a)(1), (d)(7), redesignated 
subsec. (h) as (j) and inserted heading. Former subsec. (j) redesignated 
(l).
    Subsec. (k). Pub. L. 103-337, Sec. 503(a)(1), (b), (d)(8), 
redesignated subsec. (i) as (k), inserted heading, and substituted ``or 
the discharge under subsection (b) or (d)'' for ``or the discharge under 
subsection (d)''.
    Subsec. (l). Pub. L. 103-337, Sec. 503(a)(1), (d)(9), redesignated 
subsec. (j) as (l) and inserted heading.
    1993--Subsecs. (a)(5), (i). Pub. L. 103-160 substituted ``October 1, 
1999'' for ``October 1, 1995''.
    1992--Subsec. (a). Pub. L. 102-484, Sec. 504(c), designated existing 
provisions as par. (1) and added pars. (2) to (5).
    Subsec. (i). Pub. L. 102-484, Sec. 504(d), inserted at end ``During 
the period beginning on July 1, 1993, and ending on October 1, 1995, an 
officer of the Navy in the grade of commander or captain whose 
retirement is deferred under this subsection and who is not subsequently 
promoted may not be continued on active duty beyond age 62 or, if 
earlier, 28 years of active commissioned service if in the grade of 
commander or 30 years of active commissioned service if in the grade of 
captain.''
    1990--Subsec. (h). Pub. L. 101-510 substituted ``section 
1174(a)(1)'' for ``section 1174(a)''.
    1986--Subsec. (c)(2). Pub. L. 99-348, Sec. 203(b)(7)(A), substituted 
provision that retired pay be computed under section 6333 for provision 
that retired pay, in the case of an officer who first became a member of 
a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 
1980, be at the rate of 2\1/2\ percent of the basic pay to which he 
would have been entitled if serving on active duty in the grade in which 
he retired, or in the case of an officer who first became a member of a 
uniformed service, as defined in section 1407(a)(2), on or after Sept. 
8, 1980, be at the rate of 2\1/2\ percent of the monthly retired pay 
base computed under section 1407(d), which rates were to be multiplied 
by the number of years of service credited under section 1405, but such 
retired pay was not to be more than 75 percent of the basic pay or 
monthly retired pay base upon which the computation of retired pay was 
based.
    Subsec. (k). Pub. L. 99-348, Sec. 203(b)(7)(B), struck out subsec. 
(k) which provided that retired pay computed under subsec. (c), if not a 
multiple of $1, was to be rounded to the next lower multiple of $1.
    1984--Subsec. (a). Pub. L. 98-525, Sec. 529(c)(1), substituted 
``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'' for 
``each regular officer of the Navy or Marine Corps''.
    Subsec. (d). Pub. L. 98-525, Sec. 529(c)(2), substituted ``Except as 
provided in subsection (i), each'' for ``Each''.
    Subsec. (i). Pub. L. 98-525, Sec. 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 
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'' 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 lieutenant 
commander or major or 28 years active commissioned service, if in the 
grade of commander or lieutenant colonel, or beyond age 62, whichever is 
earlier''.
    1983--Subsec. (k). Pub. L. 98-94 added subsec. (k).
    1980--Pub. L. 96-513, Sec. 336(i), struck out ``or severance'' 
before ``pay'' in section catchline.
    Subsec. (a). Pub. L. 96-513, Sec. 336(a), substituted ``Except 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, Sec. 336(b), authorized the discharge 
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 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 such officer was considered as having failed of 
selection.
    Subsec. (c)(1). Pub. L. 96-513, Sec. 336(c), substituted 
``determined under section 1370 of this title'' for ``in which he was 
serving at the time of retirement''.
    Subsec. (c)(2). Pub. L. 96-513, Sec. 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 subpar. (A), 
inserted provision limiting applicability to officers 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, Sec. 336(d), provided that Navy 
lieutenants designated for limited duty and Marine Corps captains 
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.
    Subsec. (e). Pub. L. 96-513, Sec. 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, Sec. 336(e), (f), redesignated subsec. 
(g) as (f), substituted ``discharge under subsection (d)'' for 
``retirement or discharge under subsections (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, Sec. 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 ``2\1/2\ 
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 having 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 during the fiscal year in which 
he is considered as having failed of selection for promotion to the 
grade of lieutenant or captain for the second time.
    1958--Subsec. (c)(2). Pub. 85-422 substituted ``that may be credited 
to him under section 1405 of this title'' for ``creditable for basic 
pay''.


                    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 regulations 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 Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.


  Transition Provisions Under Defense Officer Personnel Management Act

    For transition provisions relating to limited-duty officers of the 
Regular Navy or Regular Marine Corps, see section 616 of Pub. L. 96-513, 
set out as a note under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 631, 632, 633, 634, 1174, 
1406, 6333 of this title.
