---
kind: "section"
citation: "10 U.S.C. § 8139"
title: "10"
title_heading: "Armed Forces"
number: "8139"
heading: "Regular Navy and Regular Marine Corps: officers designated for limited duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8139"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part II — Personnel"
  - "Chapter 815 — Original Appointments"
---

# §8139. Regular Navy and Regular Marine Corps: officers designated for limited duty

- (a) [Original](/usc/10/101.md?p=b-10) appointments as [regular](/usc/10/101.md?p=b-12) [officers](/usc/10/8001.md?p=a-5) of the [Navy](/usc/10/8001.md?p=a-1) in a [grade](/usc/10/101.md?p=b-7) below lieutenant commander in the line and in staff corps established by the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1) under [section 8090(b) of this title](/usc/10/8090.md?p=b) and designated by the [Secretary](/usc/10/8720.md?p=4) for the purposes of this section may be made from—
  - (1) [warrant officers](/usc/10/8001.md?p=a-7);
  - (2) chief petty [officers](/usc/10/8001.md?p=a-5); and
  - (3) first-class petty [officers](/usc/10/8001.md?p=a-5);

  in the [Regular](/usc/10/101.md?p=b-12) [Navy](/usc/10/8001.md?p=a-1), for the performance of duty in the technical fields indicated by their warrants or [ratings](/usc/10/101.md?p=b-9).

- (b) [Original](/usc/10/101.md?p=b-10) appointments as [regular](/usc/10/101.md?p=b-12) [officers](/usc/10/8001.md?p=a-5) of the [Marine Corps](/usc/10/8001.md?p=a-2) in a [grade](/usc/10/101.md?p=b-7) below major may be made from—
  - (1) [warrant officers](/usc/10/8001.md?p=a-7);
  - (2) master sergeants; and
  - (3) technical sergeants;

  in the [Regular](/usc/10/101.md?p=b-12) [Marine Corps](/usc/10/8001.md?p=a-2), for the performance of duty in the technical fields in which they are proficient.

- (c)
  - (1) An [officer](/usc/10/8001.md?p=a-5) described in [paragraph (2)](#c-2) may be given an [original](/usc/10/101.md?p=b-10) appointment as a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/8001.md?p=a-5) of the [Navy](/usc/10/8001.md?p=a-1) or the [Marine Corps](/usc/10/8001.md?p=a-2), as the case may be, in the [grade](/usc/10/101.md?p=b-7), and with the date of [rank](/usc/10/101.md?p=b-8) in that [grade](/usc/10/101.md?p=b-7), in which the [officer](/usc/10/8001.md?p=a-5) is serving on the day before such [original](/usc/10/101.md?p=b-10) appointment.
  - (2) This subsection applies to an [officer](/usc/10/8001.md?p=a-5) of the [Navy](/usc/10/8001.md?p=a-1) and [Marine Corps](/usc/10/8001.md?p=a-2) who—
    - (A) is on the [active-duty list](/usc/10/101.md?p=b-13);
    - (B) holds a permanent enlisted or [warrant officer](/usc/10/8001.md?p=a-7) [grade](/usc/10/101.md?p=b-7);
    - (C) is designated for limited duty under subsection (a) of [section 8146 of this title](/usc/10/8146.md); and
    - (D) is serving in the [grade](/usc/10/101.md?p=b-7) of lieutenant commander or commander, or in the [grade](/usc/10/101.md?p=b-7) of major or lieutenant colonel, under a temporary appointment under subsection (d) of [section 8146 of this title](/usc/10/8146.md).
- (d) To be eligible for an appointment under this section a member must have the qualifications specified in [section 532(a) of this title](/usc/10/532.md?p=a) and have completed at least 8 years of active naval service, excluding [active duty](/usc/10/101.md?p=d-1) for training in a [reserve](/usc/10/101.md?p=c-6) component.
- (e) Each [officer](/usc/10/8001.md?p=a-5) appointed under this section is known as an [officer](/usc/10/8001.md?p=a-5) designated for limited duty. He may not suffer any reduction in the [pay](/usc/10/101.md?p=a-15) and allowances to which he was entitled at the time of his appointment because of his former permanent status.
- (f) Any [officer](/usc/10/8001.md?p=a-5) designated for limited duty, upon his application and upon determination by the [Secretary](/usc/10/8720.md?p=4) of the [Navy](/usc/10/8001.md?p=a-1) that he is qualified, may—
  - (1) if he is in the line of the [Navy](/usc/10/8001.md?p=a-1), 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](/usc/10/8001.md?p=a-1), be assigned to unrestricted performance of duty in that corps; or
  - (3) if he is in the [Marine Corps](/usc/10/8001.md?p=a-2), be assigned to unrestricted performance of duty.

  When an [officer](/usc/10/8001.md?p=a-5) is so designated or assigned, his status as an [officer](/usc/10/8001.md?p=a-5) designated for limited duty terminates.

- (g) The [Secretary](/usc/10/8720.md?p=4) shall prescribe regulations for the appointment, designation, and assignment of [officers](/usc/10/8001.md?p=a-5) under this section.

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| 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 § 5590 of this title.

### Editorial Notes

### Amendments

2018—Pub. L. 115–232, § 807(b)(4), renumbered section 5589 of this title as this section.

Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8090(b)” for “section 5150(b)” in introductory provisions.

Subsec. (c)(2)(C), (D). Pub. L. 115–232, § 809(a), substituted “section 8146” for “section 5596”.

Subsec. (d). Pub. L. 115–232, § 512, substituted “8 years” for “10 years”.

1994—Subsecs. (c) to (g). Pub. L. 103–337 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.

1986—Subsec. (a). Pub. L. 99–433 substituted “section 5150(b)” for “section 5155(b)”.

1980—Subsec. (a). Pub. L. 96–513, § 325(1), 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 section 5155(b) of this title 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). Pub. L. 96–513, § 325(2), 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). Pub. L. 96–513, § 325(3), inserted “the qualifications specified in section 532(a) of this title and have”.

1961—Subsec. (e)(3). Pub. L. 87–123 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 Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

### Effective Date of 1980 Amendment

Amendment by 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, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

### 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 September 15, 1981, see section 616 of Pub. L. 96–513, set out as a note under section 611 of this title.