- § 8383. Retired members: grade
- § 8384. Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty
- § 8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall
- § 8386. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
§ 8383. Retired members: grade
An officer who has been advanced on the retired list or in the Retired Reserve under former section 6150 of this title to a grade above captain in the Navy or above colonel in the Marine Corps, when recalled to active duty, may, in the discretion of the Secretary of the Navy, be recalled either in the grade he holds on the retired list or in the Retired Reserve or in the grade from which he was advanced.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6483; Pub. L. 85–422, § 6(5), May 20, 1958, 72 Stat. 129; Pub. L. 88–132, § 5(m), Oct. 2, 1963, 77 Stat. 215; Pub. L. 90–623, § 2(10), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 96–513, title III, § 363, Dec. 12, 1980, 94 Stat. 2903; renumbered § 8383, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
§ 8384. Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty
When on active duty, retired enlisted members of the Navy or the Marine Corps are eligible for promotion to higher enlisted grades or ratings. When released from active duty, they shall, unless entitled to a higher grade under another provision of law, retain the grades or ratings they hold at the time of their release.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6484, renumbered § 8384, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
§ 8385. Members of the Fleet Reserve and Fleet Marine Corps Reserve: authority to recall
(a) A member of the Fleet Reserve or the Fleet Marine Corps Reserve may be ordered by competent authority to active duty without his consent—
(1) in time of war or national emergency declared by Congress, for the duration of the war or national emergency and for six months thereafter;
(2) in time of national emergency declared by the President; or
(3) when otherwise authorized by law.
(b) In time of peace any member of the Fleet Reserve or the Fleet Marine Corps Reserve may be required to perform not more than two months’ active duty for training in each four-year period.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6485; Pub. L. 95–79, title VIII, § 805, July 30, 1977, 91 Stat. 333; renumbered § 8385, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)
§ 8386. Members of the Fleet Reserve and Fleet Marine Corps Reserve: release from active duty
(a) Except as provided in subsection (b), the Secretary of the Navy may, at any time, release any member of the Fleet Reserve or the Fleet Marine Corps Reserve from active duty.
(b) In time of war or national emergency declared by Congress or by the President after January 1, 1953, a member of the Fleet Reserve or the Fleet Marine Corps Reserve, without his consent, may be released from active duty other than from active duty for training only if—
(1) a board of officers convened at his request by an authority designated by the Secretary recommends the release and the recommendation is approved;
(2) the member does not request that a board be convened; or
(3) his release is otherwise authorized by law.
This subsection does not apply during a period of demobilization or reduction in strength of the Navy or the Marine Corps.
(Aug. 10, 1956, ch. 1041, 70A Stat. 417, § 6486; renumbered § 8386, Pub. L. 115–232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)