# § 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 commander 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 Secretary for the purposes of this section may be made from—
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
**(1)** warrant officers;
**(2)** chief petty officers; and
**(3)** first-class petty officers;
**(b)** Original appointments as regular officers of the Marine Corps in a grade below major may be made from—
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
**(1)** warrant officers;
**(2)** master sergeants; and
**(3)** technical sergeants;
**(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 serving 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 subsection (a) of section 8146 of this title; and
**(D)** is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary 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 qualifications 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 permanent 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—
When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.
**(1)** if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;
**(2)** if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or
**(3)** if he is in the Marine Corps, be assigned to unrestricted performance of duty.
**(g)** The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.
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**Source Credit**: (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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5589 | 34 U.S.C. 211c ((a) (less statement of appointing 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 appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words “commissioned warrant officers” are omitted as surplusage, since the term “warrant officers” includes commissioned warrant officers.
The word “male” is inserted to limit the application of the section to men. Authority to appoint women is covered in .
## Editorial Notes
### Amendments
2018—, renumbered as this section.
Subsec. (a). , substituted “section 8090(b)” for “section 5150(b)” in introductory provisions.
Subsec. (c)(2)(C), (D). , substituted “section 8146” for “section 5596”.
Subsec. (d). , substituted “8 years” for “10 years”.
1994—Subsecs. (c) to (g). added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
1986—Subsec. (a). substituted “section 5150(b)” for “section 5155(b)”.
1980—Subsec. (a). , substituted “as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under 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). , 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). , inserted “the qualifications specified in and have”.
1961—Subsec. (e)(3). struck out “be designated 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 effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1980 Amendment
Amendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .
### Transition Provisions Under Defense Officer Personnel Management Act
For provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty officers under this section prior to , see , set out as a note under .