---
kind: "section"
citation: "10 U.S.C. § 8384"
title: "10"
title_heading: "Armed Forces"
number: "8384"
heading: "Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/8384"
units:
  - "Subtitle C — Navy and Marine Corps"
  - "Part II — Personnel"
  - "Chapter 845 — Recall to Active Duty"
---

# §8384. Promotion of retired members to higher enlisted grades: retention of grade upon release from active duty


When on [active duty](/usc/10/101.md?p=d-1), retired [enlisted members](/usc/10/8001.md?p=a-4) of the [Navy](/usc/10/8001.md?p=a-1) or the [Marine Corps](/usc/10/8001.md?p=a-2) are eligible for promotion to higher enlisted [grades](/usc/10/101.md?p=b-7) or [ratings](/usc/10/101.md?p=b-9). When released from [active duty](/usc/10/101.md?p=d-1), they shall, unless entitled to a higher [grade](/usc/10/101.md?p=b-7) under another provision of law, retain the [grades](/usc/10/101.md?p=b-7) or [ratings](/usc/10/101.md?p=b-9) they hold at the time of their release.


## Source credit

(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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 6484 | 34 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The provision relating to pay, allowances, and benefits is omitted because it was superseded by §§ 514 and 516 of the Career Compensation Act of 1949 (37 U.S.C. 314 and 316).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

### Amendments

2018—Pub. L. 115–232 renumbered section 6484 of this title as this section.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by 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.