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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 8384 Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty us united_states_code code_section 10 ARMED FORCES 845 RECALL TO ACTIVE DUTY 8384 10 U.S.C. § 8384 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s8384 data/legal/raw/us/code/title-10/usc10.xml 7539537982c5c19469bc100b30716ae521957c2b44e69ba845b873e688d7a674 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 d83f155e47d2387793516a9632c6222edb9bc7e8a2b356b9af8aa7eb1ba490eb 2026-07-04 official
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10 U.S.C. § 8384 - Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty

Text

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. 115232, div. A, title VIII, § 807(b)(17), Aug. 13, 2018, 132 Stat. 1836.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 648434 U.S.C. 434.July 1, 1918, ch. 114, 40 Stat. 719 (1st 9 lines of 2d par.). The words “who has been ordered into active service since April 6, 1917” are omitted as executed. The words “to higher enlisted grades or ratings” are inserted for clarity. The eligibility of retired enlisted men for appointments to warrant and commissioned grades is covered by chapter 539 of this title where the requirements for these appointments are set forth. The words “unless entitled to a higher grade under another provision of law” are inserted to make it clear that retired enlisted members are not precluded by this section from obtaining the benefits of other provisions of law that may give a higher grade to them on their release from active duty. The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§ 514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).

Editorial Notes

Amendments2018—Pub. L. 115232 renumbered section 6484 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of this title.