(a) A member of the Navy Reserve or Marine Corps Reserve described in subsection (b) who is transferred to the Fleet Reserve or the Fleet Marine Corps Reserve under section 8330 of this title shall be transferred in the highest enlisted grade in which the member served on active duty satisfactorily, as determined by the Secretary of the Navy.
(b) This section applies to a Reserve enlisted member who—(1) at the time of transfer to the Fleet Reserve or Fleet Marine Corps Reserve is serving on active duty in a grade lower than the highest enlisted grade held by the member while on active duty; and
(2) was previously administratively reduced in grade not as a result of the member’s own misconduct, as determined by the Secretary of the Navy.
(c) This section applies with respect to enlisted members of the Navy Reserve and Marine Corps Reserve who are transferred to the Fleet Reserve or the Fleet Marine Corps Reserve after September 30, 1996.
Structure US Code
Subtitle C— Navy and Marine Corps
CHAPTER 841— VOLUNTARY RETIREMENT
§ 8324. Officers: creditable service
§ 8325. Officers: retired grade and pay
§ 8326. Enlisted members: 30 years
§ 8328. Computation of years of service: voluntary retirement
§ 8329. Officers not to be retired for misconduct
§ 8330. Enlisted members: transfer to Fleet Reserve and Fleet Marine Corps Reserve; retainer pay
§ 8332. Conclusiveness of transfers
§ 8333. Computation of retired and retainer pay
§ 8334. Higher grade after 30 years of service: warrant officers and enlisted members
§ 8335. Restoration to former grade: warrant officers and enlisted members