-CITE- 10 USC CHAPTER 544 - TEMPORARY APPOINTMENTS 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 544 - TEMPORARY APPOINTMENTS -HEAD- CHAPTER 544 - TEMPORARY APPOINTMENTS -MISC1- Sec. 5721. Temporary promotions of certain Navy lieutenants. -End- -CITE- 10 USC Sec. 5721 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL CHAPTER 544 - TEMPORARY APPOINTMENTS -HEAD- Sec. 5721. Temporary promotions of certain Navy lieutenants -STATUTE- (a) Promotion Authority for Certain Officers With Critical Skills. - An officer in the line of the Navy in the grade of lieutenant who - (1) has a skill in which the Navy has a critical shortage of personnel (as determined by the Secretary of the Navy); and (2) is serving in a position (as determined by the Secretary of the Navy) which (A) is designated to be held by a lieutenant commander, and (B) requires that an officer serving in such position have the skill possessed by such officer, may be temporarily promoted to the grade of lieutenant commander under regulations to be prescribed by the Secretary of the Navy. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate. (b) Status of Officers Appointed. - (1) An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer. (2) For the purposes of section 523 of this title, an officer holding an appointment under this section is considered as serving in the grade of lieutenant commander. (c) Board Recommendation Required. - A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the Navy for the purpose of recommending officers for such promotions. (d) Acceptance and Effective Date of Appointment. - Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of lieutenant commander from the date the appointment is made. (e) Termination of Appointment. - Unless sooner terminated, an appointment under this section terminates - (1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant commander; or (2) on the date the officer is detached from a position described in subsection (a)(2), unless the officer is on a promotion list to the permanent grade of lieutenant commander, in which case the appointment terminates on the date the officer is promoted to that grade. (f) Limitation on Number of Eligible Positions. - An appointment under this section may only be made for service in a position designated by the Secretary of the Navy for purposes of this section. The number of positions so designated may not exceed 325. -SOURCE- (Added Pub. L. 96-513, title III, Sec. 334, Dec. 12, 1980, 94 Stat. 2897; amended Pub. L. 98-94, title IV, Sec. 403, Sept. 24, 1983, 97 Stat. 629; Pub. L. 98-525, title V, Sec. 514, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99-661, div. A, title V, Sec. 503, Nov. 14, 1986, 100 Stat. 3864; Pub. L. 100-180, div. A, title V, Sec. 501(a), Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101-189, div. A, title V, Sec. 512(a), Nov. 29, 1989, 103 Stat. 1439; Pub. L. 102- 484, div. A, title V, Sec. 507, Oct. 23, 1992, 106 Stat. 2405; Pub. L. 103-160, div. A, title V, Sec. 508(a), Nov. 30, 1993, 107 Stat. 1647; Pub. L. 104-106, div. A, title V, Sec. 508(a), (b), (d), Feb. 10, 1996, 110 Stat. 296, 297; Pub. L. 104-201, div. A, title V, Sec. 503, Sept. 23, 1996, 110 Stat. 2511; Pub. L. 107-314, div. A, title X, Sec. 1041(a)(20), Dec. 2, 2002, 116 Stat. 2645.) -MISC1- AMENDMENTS 2002 - Subsec. (f). Pub. L. 107-314 struck out par. (1) designation and struck out par. (2) which read as follows: "Whenever the Secretary makes a change to the positions designated under paragraph (1), the Secretary shall submit notice of the change in writing to Congress." 1996 - Subsec. (a). Pub. L. 104-201, Sec. 503(a), (c), substituted "Officers" for "Officer" in heading and "the President, by and with the advice and consent of the Senate" for "the President alone" in concluding provisions. Pub. L. 104-106, Sec. 508(d)(1), inserted heading. Subsecs. (b) to (e). Pub. L. 104-106, Sec. 508(d)(2)-(5), inserted headings. Subsec. (f). Pub. L. 104-106, Sec. 508(b)(2), added subsec. (f). Former subsec. (f) redesignated (g). Pub. L. 104-106, Sec. 508(a), substituted "September 30, 1996" for "September 30, 1995". Subsec. (g). Pub. L. 104-201, Sec. 503(b), struck out subsec. (g) which read as follows: "Termination of Appointment Authority. - The authority to make appointments under this section terminates on September 30, 1996." Pub. L. 104-106, Sec. 508(d)(6), inserted heading. Pub. L. 104-106, Sec. 508(b)(1), redesignated subsec. (f) as (g). 1993 - Subsec. (f). Pub. L. 103-160 substituted "September 30, 1995" for "September 30, 1993". 1992 - Subsec. (f). Pub. L. 102-484 substituted "September 30, 1993" for "September 30, 1992". 1989 - Subsec. (f). Pub. L. 101-189 substituted "September 30, 1992" for "September 30, 1989". 1987 - Subsec. (f). Pub. L. 100-180 substituted "September 30, 1989" for "September 30, 1987". 1986 - Subsec. (f). Pub. L. 99-661 substituted "September 30, 1987" for "September 30, 1986". 1984 - Subsec. (f). Pub. L. 98-525 substituted "September 30, 1986" for "September 30, 1984". 1983 - Subsec. (f). Pub. L. 98-94 substituted "September 30, 1984" for "September 30, 1983". EFFECTIVE DATE OF 1996 AMENDMENT Section 508(e) of Pub. L. 104-106 provided that: "Subsection (f) of section 5721 of title 10, United States Code, as added by subsection (b)(2), shall take effect at the end of the 30-day period beginning on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to any appointment under that section after the end of such period." EFFECTIVE DATE OF 1993 AMENDMENT Section 508(b) of Pub. L. 103-160 provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 1993." EFFECTIVE DATE OF 1992 AMENDMENT Section 507 of Pub. L. 102-484 provided that the amendment made by that section is effective Sept. 29, 1992. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. SAVINGS PROVISION Section 512(b) of Pub. L. 101-189 provided that: "(1) The Secretary of the Navy shall provide, in the case of an officer appointed to the grade of lieutenant commander on or after the date of the enactment of this Act [Nov. 29, 1989] under an appointment described in paragraph (2), that the date of rank of such officer under that appointment shall be the date of rank that would have applied to the appointment had the authority referred to in that paragraph not lapsed. "(2) An appointment referred to in paragraph (1) is an appointment under 5721 of title 10, United States Code, that (as determined by the Secretary of the Navy) would have been made during the period beginning on October 1, 1989, and ending on the date of the enactment of this Act had the authority to make appointments under that section not lapsed during such period." Similar provisions were contained in the following prior authorization act: Pub. L. 100-180, div. A, title V, Sec. 501(b), Dec. 4, 1987, 101 Stat. 1085. -TRANS- DELEGATION OF FUNCTIONS Functions of President under subsec. (c) to make certain temporary appointments to grade of lieutenant commander delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, Secs. 1(d), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President. -MISC2- TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provision that any officer who on September 15, 1981 holds a temporary appointment in the grade of lieutenant commander under former section 5787d of this title, shall on and after that date be considered to be serving in such grade as if the appointment had been made under this section, see section 617 of Pub. L. 96-513, set out as a note under section 611 of this title. -End- -CITE- 10 USC [CHAPTER 545 - REPEALED] 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- [CHAPTER 545 - REPEALED] -End- -CITE- 10 USC Secs. 5751 to 5758 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Secs. 5751 to 5758. Repealed. -MISC1- [Secs. 5751 to 5758. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section 5751, acts Aug. 10, 1956, ch. 1041, 70A Stat. 346; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(16), 75 Stat. 266, related to eligibility for consideration by a selection board for promotion of male officers in line of Navy and male officers in Marine Corps. See section 619 of this title. Section 5752, acts Aug. 10, 1956, ch. 1041, 70A Stat. 347; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(126), 72 Stat. 1497; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(A)-(C), 81 Stat. 378, related to eligibility for consideration by a selection board for promotion of women officers in line of Navy and women officers in Marine Corps. See section 619 of this title. Section 5753, acts Aug. 10, 1956, ch. 1041, 70A Stat. 347; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(8), 71 Stat. 382; Nov. 7, 1967, Pub. L. 90-130, Sec. 1(19)(D), 81 Stat. 378; Dec. 8, 1967, Pub. L. 90-179, Sec. 12, 81 Stat. 549, related to eligibility of Navy staff corps officers for consideration for promotion by a selection board. See section 619 of this title. Section 5754, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, prescribed general conditions for eligibility for consideration by a selection board for promotion. See section 619 of this title. Section 5755, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, related to communications between a selection board and an officer eligible for consideration for promotion by such board. See section 614 of this title. Section 5756, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, directed Secretary of Navy to furnish appropriate selection board with number of male officers in line of Navy or of Marine Corps that could be recommended for promotion to next highest grade and prescribed a formula for arriving at such number. See section 622 of this title. Section 5757, act Aug. 10, 1956, ch. 1041, 70A Stat. 348, directed Secretary of Navy to furnish appropriate selection board with number of male officers in line of Navy or of Marine Corps designated for limited duty that could be recommended for promotion to next highest grade and prescribed a formula for arriving at such number. See section 622 of this title. Section 5758, act Aug. 10, 1956, ch. 1041, 70A Stat. 349, directed Secretary of Navy to furnish appropriate selection board with numbers of officers designated for engineering, aeronautical engineering, and special duty that could be recommended for promotion to grade of rear admiral and numbers of male officers designated for such duty that could be recommended for promotion to a grade below rear admiral and prescribed formulas for arriving at such numbers. See section 622 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. SELECTION BOARDS CONVENED BETWEEN JULY 10, 1981, AND SEPTEMBER 15, 1981; SERVICE IN GRADE REQUIREMENTS; REGULATIONS Pub. L. 97-22, Sec. 9, July 10, 1981, 95 Stat. 136, provided that for selection boards convened on or after July 10, 1981, and before Sept. 15, 1981, service in grade requirements shall be established under regulations prescribed by Secretary of the Navy for eligibility for consideration for promotion of female officers in the line of the Navy to grade of lieutenant commander and female officers in the Marine Corps to grade of major. -End- -CITE- 10 USC Sec. 5759 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Sec. 5759. Repealed. -MISC1- [Sec. 5759. Repealed. Pub. L. 87-123, Sec. 5(17), Aug. 3, 1961, 75 Stat. 266]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 349, required Secretary to furnish selection boards with number of Marine Corps officers designated for supply duty that could be recommended for promotion. -End- -CITE- 10 USC Secs. 5760 to 5773 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Secs. 5760 to 5773. Repealed. -MISC1- [Secs. 5760 to 5773. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section 5760, acts Aug. 10, 1056, ch. 1041, 70A Stat. 350; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(E), (F), 81 Stat. 378, directed Secretary of Navy to furnish appropriate selection board with number of women officers in the line of Navy that could be recommended for promotion to grade of lieutenant, captain, commander, or lieutenant commander and number of women officers of Marine Corps that could be recommended for promotion to grade of captain, colonel, lieutenant colonel, or major. See section 622 of this title. Section 5761, act Aug. 10, 1956, ch. 1041, 70A Stat. 350, directed Secretary of Navy to furnish appropriate selection board with number of officers in any staff corps that could be recommended for promotion to grade of rear admiral. See section 622 of this title. Section 5762, acts Aug. 10, 1956, ch. 1041, 70A Stat. 351; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(9), 71 Stat. 383; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(G), (H), 81 Stat. 378; Dec. 8, 1967, Pub. L. 90-179, Sec. 6, 81 Stat. 548, directed Secretary of Navy to furnish appropriate selection boards with number of staff corps officers that could be recommended for promotion to grades below rear admiral. See section 622 of this title. Section 5763, acts Aug. 10, 1956, ch. 1041, 70A Stat. 352; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(127), 72 Stat. 1497; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(I), 81 Stat. 378, directed Secretary of Navy to furnish appropriate selection boards with number of certain women officers in a staff corps of Navy that could be recommended for promotion to grade of captain, commander, or lieutenant commander. See section 622 of this title. Section 5764, acts Aug. 10, 1956, ch. 1041, 70A Stat. 353; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(J), (K), 81 Stat. 378, related to establishment of promotion zones in each grade in line of Navy. See section 623 of this title. Section 5765, acts Aug. 10, 1956, ch. 1041, 70A Stat. 354; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(19), 75 Stat. 266; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(J), (L), 81 Stat. 378, related to establishment of promotion zones in each grade of Marine Corps. See section 623 of this title. Section 5766, acts Aug. 10, 1956, ch. 1041, 70A Stat. 355; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(M), 81 Stat. 378, specified Navy staff corps officers considered to be in promotion zones for purposes of boards of selection. Section 5767, acts Aug. 10, 1956, ch. 1041, 70A Stat. 355; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(N), 81 Stat. 379, related to promotion to flag or general officer grade of officers in Navy or Marine Corps qualified for specific duties. See section 619 et seq. of this title. Section 5768, act Aug. 10, 1956, ch. 1041, 70A Stat. 356, prescribed normal terms of service for male officers in line of Navy and of Marine Corps. Section 5769, acts Aug. 10, 1956, ch. 1041, 70A Stat. 356; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(20), 75 Stat. 266; Oct. 22, 1970, Pub. L. 91-491, Sec. 1, 84 Stat. 1089, related to eligibility for promotion of male line officers in Navy and male officers in Marine Corps. See section 619 of this title. Section 5770, act Aug. 10, 1956, ch. 1041, 70A Stat. 357, prescribed a sea or foreign service requirement for promotion of male officers on the active list in line of Navy. Section 5771, acts Aug. 10, 1956, ch. 1041, 70A Stat. 358; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(O), (P), 81 Stat. 379, related to eligibility for promotion of women officers on active list in line of Navy and women officers on active list of Marine Corps. See section 619 of this title. Section 5772, act Aug. 10, 1956, ch. 1041, 70A Stat. 358, related to eligibility of Navy staff corps officers for promotion to grade of rear admiral. See section 619 of this title. Section 5773, acts Aug. 10, 1956, ch. 1041, 70A Stat. 359; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(10), 71 Stat. 383; Sept. 30, 1966, Pub. L. 89-609, Sec. 1(11), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(Q)-(S), 81 Stat. 379, related to eligibility of Navy staff corps officers for promotion to grades below rear admiral. See section 619 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 5774 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Sec. 5774. Repealed. -MISC1- [Sec. 5774. Repealed. Pub. L. 90-130, Sec. 1(19)(T), Nov. 8, 1967, 81 Stat. 379]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 359, made women officers on active list of Navy in staff corps, appointed under section 5590 of this title, who were recommended for promotion to a grade above lieutenant (junior grade) in approved report of a selection board convened under chapter 543 of this title eligible for promotion when line officer who was to be her running mate in higher grade became eligible for promotion to that grade. -End- -CITE- 10 USC Sec. 5775 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Sec. 5775. Repealed. -MISC1- [Sec. 5775. Repealed. Pub. L. 87-649, Sec. 14c(293), Sept. 7, 1962, 76 Stat. 501]. Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 359; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(11), 71 Stat. 383; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(21), 75 Stat. 266, related to date of entitlement to pay and allowances of grade to which an officer is promoted. See section 904 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF REPEAL Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 10 USC Secs. 5776 to 5793 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 545 - REPEALED] -HEAD- Secs. 5776 to 5793. Repealed. -MISC1- [Secs. 5776 to 5793. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section 5776, acts Aug. 10, 1956, ch. 1041, 70A Stat. 361; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(12), 71 Stat. 383; Aug. 3, 1961, Pub. L. 87-123, Sec. 5(22), 75 Stat. 266; Sept. 30, 1966, Pub. L. 89-609, Sec. 1(12), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(U)-(W), 81 Stat. 379, related to failure of selection. See section 627 of this title. Section 5777, act Aug. 10, 1956, ch. 1041, 70A Stat. 361, related to removal of an officer's name from a promotion list. See section 629 of this title. Section 5778, acts Aug. 10, 1956, ch. 1041, 70A Stat. 362; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(X), 81 Stat. 379, related to temporary and permanent natures of appointments under certain of the provisions of former sections 5751 to 5777 of this title. Section 5779, act Aug. 10, 1956, ch. 1041, 70A Stat. 362, authorized President to terminate temporary promotions at any time. Section 5780, act Aug. 10, 1956, ch. 1041, 70A Stat. 362, related to permanent promotions of male line officers in Regular Navy and male officers in Regular Marine Corps. See section 619 et seq. of this title. Section 5781, act Aug. 10, 1956, ch. 1041, 70A Stat. 363, related to permanent promotions of Regular Navy staff corps officers to grade of rear admiral. See section 619 et seq. of this title. Section 5782, acts Aug. 10, 1956, ch. 1041, 70A Stat. 363; Aug. 21, 1957, Pub. L. 85-155, title II, Sec. 201(13), 71 Stat. 383; Sept. 30, 1966, Pub. L. 89-609, Sec. 1(13), 80 Stat. 853; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(Y), 81 Stat. 379, related to permanent promotions of Regular Navy staff corps officers to grades below rear admiral. See section 619 et seq. of this title. Section 5783, act Aug. 10, 1956, ch. 1041, 70A Stat. 364, related to permanent promotions of Naval Reserve and Marine Corps Reserve officers. See section 619 et seq. of this title. Section 5784, act Aug. 10, 1956, ch. 1041, 70A Stat. 365, related to temporary promotions of ensigns in Navy to grade of lieutenant (junior grade) and second lieutenants in Marine Corps to grade of first lieutenant. See section 603 of this title. Section 5785, acts Aug. 10, 1956, ch. 1041, 70A Stat. 365; Sept. 2, 1958, Pub. L. 85-861, Sec. 33(a)(29), 72 Stat. 1566; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(3), 90 Stat. 375, authorized President to suspend any of the provisions of former sections 5751 to 5784 of this title relating to officers in Navy or Marine Corps except women officers appointed under former section 5590 of this title. See section 123(a), (b) of this title. Section 5786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 366; Nov. 8, 1967, Pub. L. 90-130, Sec. 1(19)(Z), 81 Stat. 379; Sept. 19, 1978, Pub. L. 95-377, Sec. 6(a), 92 Stat. 721, specified certain categories of officers as ineligible for promotion and provided that officers serving in grades to which they were appointed for periods of limited duration or to which they were temporarily appointed were to be considered for purposes of former sections 5751 to 5785 of this title as serving in the grade they would have held were it not for such temporary appointments. See section 641 of this title. Section 5787, acts Aug. 10, 1956, ch. 1041, 70A Stat. 366; Sept. 7, 1962, Pub. L. 87-649, Secs. 5(b), 14c(30), 76 Stat. 493, 501; Sept. 28, 1971, Pub. L. 92-129, title VI, Sec. 603(b), 85 Stat. 362, related to temporary promotions in times of war or national emergency. See sections 602 and 603 of this title. Section 5787a, added Pub. L. 85-861, Sec. 1(128)(A), Sept. 2, 1958, 72 Stat. 1497, authorized temporary promotion of an officer in Medical or Dental Corps to grade of lieutenant at any time after first anniversary of date upon which he graduated from medical, dental, or osteopathic school. See section 603 of this title. Section 5787b, added Pub. L. 85-861, Sec. 1(128)(A), Sept. 2, 1958, 72 Stat. 1497; amended Pub. L. 87-649, Sec. 14c(31), Sept. 7, 1962, 76 Stat. 501, authorized temporary promotion of women officers serving on active duty in grade of ensign in Navy or second lieutenant in Marine Corps. See section 603 of this title. Section 5787c, added Pub. L. 85-861, Sec. 33(a)(30)(A), Sept. 2, 1958, 72 Stat. 1566; amended Pub. L. 95-377, Sec. 11(a), Sept. 19, 1978, 92 Stat. 721; Pub. L. 96-343, Sec. 10(e), Sept. 8, 1980, 94 Stat. 1130, related to temporary promotion of warrant officers and officers designated for limited duty in Navy and Marine Corps. See section 602 of this title. Section 5787d, added Pub. L. 95-377, Sec. 4(a), Sept. 19, 1978, 92 Stat. 720; amended Pub. L. 96-343, Sec. 10(e), Sept. 8, 1980, 94 Stat. 1130, authorized temporary promotion under certain circumstances of Navy lieutenants as lieutenant commanders. See section 603 of this title. Section 5788, acts Aug. 10, 1956, ch. 1041, 70A Stat. 367; Sept. 7, 1962, Pub. L. 87-649, Sec. 14c(32), 76 Stat. 501, related to eligibility for promotion of Navy ensigns and Marine Corps second lieutenants. See section 619 of this title. Section 5789, act Aug. 10, 1956, ch. 1041, 70A Stat. 367, authorized promotion of officers in the line of the Navy or of the Marine Corps upon receipt of the thanks of Congress. See section 619 et seq. of this title. Section 5790, act Aug. 10, 1956, ch. 1041, 70A Stat. 368, authorized advancement in rank of officers of Navy or of Marine Corps by not more than 30 numbers on lineal list for conduct in battle or extraordinary heroism. See section 619 et seq. of this title. Section 5791, acts Aug. 10, 1956, ch. 1041, 70A Stat. 368; Sept. 28, 1971, Pub. L. 92-129, title VI, Sec. 603(c), 85 Stat. 362; Sept. 19, 1978, Pub. L. 95-377, Sec. 6(b), 92 Stat. 721, vested power to make appointments under former sections 5751 to 5793, except for former sections 5787 and 5787d, of this title in President, by and with advice and consent of Senate. See section 624 of this title. Section 5792, acts Aug. 10 1956, ch. 1041, 70A Stat. 368; Nov. 2, 1966, Pub. L. 89-718, Sec. 4, 80 Stat. 1115, dispensed with need for an oath of office upon promotion to a higher grade in the case of an officer of the naval service who had served continuously since subscribing to the oath of office prescribed in section 3331 of title 5. See section 626 of this title. Section 5793, added Pub. L. 90-228, Sec. 1(3)(A), Dec. 28, 1967, 81 Stat. 745, related to authorized strengths in grade and promotions of Medical Corps and Dental Corps officers. See section 521 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 547 - REPEALED] 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- [CHAPTER 547 - REPEALED] -End- -CITE- 10 USC Secs. 5861, 5862 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- Secs. 5861, 5862. Repealed. -MISC1- [Secs. 5861, 5862. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section 5861, acts Aug. 10, 1956, ch. 1041, 70A Stat. 368; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(129), 72 Stat. 1497, required an officer of Regular Navy or of Regular Marine Corps to pass a physical examination as prescribed by Secretary of Navy in order to qualify for promotion to a grade above ensign in Navy or second lieutenant in Marine Corps. See section 624 of this title. Section 5862, acts Aug. 10, 1956, ch. 1041, 70A Stat. 369; Sept. 2, 1958, Pub. L. 85-861, Sec. 1(131), 72 Stat. 1498, related to mental, moral, and professional qualifications required to be demonstrated by officers on active list of Navy or Marine Corps in order to be promoted to grades of lieutenant (junior grade) or above in Navy or first lieutenant or above in Marine Corps. See section 624 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 5863 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- Sec. 5863. Repealed. -MISC1- [Sec. 5863. Repealed. Pub. L. 85-861, Sec. 36B(14), Sept. 2, 1958, 72 Stat. 1571]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 369, related to procedure before examining boards. -End- -CITE- 10 USC Secs. 5864, 5865 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- Secs. 5864, 5865. Repealed. -MISC1- [Secs. 5864, 5865. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section 5864, act Aug. 10, 1956, ch. 1041, 70A Stat. 370, related to discharge of officers not morally qualified. See section 630 of this title. Section 5865, act Aug. 10, 1956, ch. 1041, 70A Stat. 370, related to effect of a failure to qualify professionally. See section 624 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC Sec. 5866 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- Sec. 5866. Repealed. -MISC1- [Sec. 5866. Repealed. Pub. L. 85-861, Sec. 36B(15), Sept. 2, 1958, 72 Stat. 1571]. Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 371, related to delegation of power by President to Secretary of Navy. -End- -CITE- 10 USC Sec. 5867 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 547 - REPEALED] -HEAD- Sec. 5867. Repealed. -MISC1- [Sec. 5867. Repealed. Pub. L. 96-513, title III, Sec. 333, Dec. 12, 1980, 94 Stat. 2897]. Section, added Pub. L. 85-861, Sec. 1(132)(A), Sept. 2, 1958, 72 Stat. 1498, required moral, professional, and physical examinations before officers of the Naval or Marine Corps Reserves could be promoted to the next higher grades. See section 624 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 15, 1981, see section 701 of Pub. L. 96- 513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. -End- -CITE- 10 USC [CHAPTER 549 - REPEALED] 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 549 - REPEALED] -HEAD- [CHAPTER 549 - REPEALED] -End- -CITE- 10 USC Secs. 5891 to 5906 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 549 - REPEALED] -HEAD- Secs. 5891 to 5906. Repealed. -MISC1- [Secs. 5891 to 5906. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(b)(2), Oct. 5, 1994, 108 Stat. 2963]. Section 5891, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1499; amended Pub. L. 90-130, Sec. 1(20)(A), Nov. 8, 1967, 81 Stat. 379; Pub. L. 96-513, title V, Sec. 503(32), Dec. 12, 1980, 94 Stat. 2913; Pub. L. 98-525, title V, Sec. 533(e), Oct. 19, 1984, 98 Stat. 2528, related to officers in active status in Naval Reserve and Marine Corps Reserve who could be promoted under this chapter. See section 14301 et seq. of this title. Section 5892, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1500; amended Pub. L. 96-513, title V, Sec. 503(33), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(27), Feb. 10, 1996, 110 Stat. 500, related to numbers of officers in each grade in Naval Reserve and Marine Corps Reserve that could be promoted. See section 14001 et seq. of this title. Section 5893, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1500; amended Pub. L. 91-199, Sec. 2, Feb. 26, 1970, 84 Stat. 16, related to composition and procedures of selection boards. See sections 14102 and 14108(b) of this title. Section 5894, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1501, required members of selection boards to take oaths. See section 14103 of this title. Section 5895, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1501, related to information to be furnished to selection boards. See section 14107 of this title. Section 5896, added Pub. L. 99-661, div. A, title V, Sec. 507(a), Nov. 14, 1986, 100 Stat. 3865, related to recommendations for promotion by selection boards. See section 14108 of this title. A prior section 5896, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1501; amended Pub. L. 90-130, Sec. 1(20)(B), Nov. 8, 1967, 81 Stat. 379; Pub. L. 90-179, Sec. 12, Dec. 8, 1967, 81 Stat. 549; Pub. L. 96-513, title V, Sec. 503(34), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 97-22, Sec. 10(b)(10)(B), July 10, 1981, 95 Stat. 137, related to officers recommended for promotion by selection boards, prior to repeal by Pub. L. 99-661, Sec. 507(a). Section 5897, added Pub. L. 99-661, div. A, title V, Sec. 507(a), Nov. 14, 1986, 100 Stat. 3865, related to reports by selection boards listing officers recommended for promotion. See section 14109(a), (b) of this title. A prior section 5897, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1502; amended Pub. L. 90-179, Sec. 12, Dec. 8, 1967, 81 Stat. 549; Pub. L. 96-513, title V, Sec. 503(34), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 97-22, Sec. 10(b)(10)(B), July 10, 1981, 95 Stat. 137; Pub. L. 98-525, title XIV, Sec. 1405(47), Oct. 19, 1984, 98 Stat. 2625, related to reports and certifications by selection boards, prior to repeal by Pub. L. 99-661, Sec. 507(a). Section 5898, added Pub. L. 99-661, div. A, title V, Sec. 507(a), Nov. 14, 1986, 100 Stat. 3865, related to action on reports of selection boards. See sections 14104, 14110(b), 14111(a), (b), and 14112 of this title. A prior section 5898, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1503; amended Pub. L. 96-513, title V, Sec. 503(34), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 97-22, Sec. 10(b)(10)(B), July 10, 1981, 95 Stat. 137, related to submission of reports of selection boards to the President, prior to repeal by Pub. L. 99- 661, Sec. 507(a). Section 5899, added Pub. L. 99-661, div. A, title V, Sec. 507(a), Nov. 14, 1986, 100 Stat. 3866, related to eligibility of running mates for consideration for promotion. See section 14306(b) of this title. A prior section 5899, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1503; amended Pub. L. 86-559, Sec. 1(42), June 30, 1960, 74 Stat. 274; Pub. L. 89-275, Secs. 1, 2, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 89-609, Sec. 1(14), Sept. 30, 1966, 80 Stat. 853; Pub. L. 90-130, Sec. 1(20)(C), Nov. 8, 1967, 81 Stat. 379; Pub. L. 96-513, title V, Sec. 503(35), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 97-22, Sec. 10(b)(10)(B), July 10, 1981, 95 Stat. 137, related to eligibility of officers in promotion zones for consideration by selection boards, prior to repeal by Pub. L. 99- 661, Sec. 507(a). Section 5900, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1504, related to right of officer eligible for consideration for promotion to send communication to selection board. See section 14106 of this title. Section 5901, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1504; amended Pub. L. 96-513, title V, Sec. 503(36), Dec. 12, 1980, 94 Stat. 2914, related to numbers of officers that a selection board may recommend for promotion. See section 14307 of this title. Section 5902, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1504; amended Pub. L. 86-559, Sec. 1(43), June 30, 1960, 74 Stat. 274; Pub. L. 89-731, Secs. 3-5, Nov. 2, 1966, 80 Stat. 1160; Pub. L. 96-513, title V, Sec. 503(37), Dec. 12, 1980, 94 Stat. 2914, related to promotion lists, eligibility of officers of Naval Reserve and Marine Corps Reserve for promotion, and date of rank. See sections 14308(a), (d) and 14311(a) of this title. Section 5903, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1505; amended Pub. L. 90-130, Sec. 1(20)(D), Nov. 8, 1967, 81 Stat. 380; Pub. L. 99-661, div. A, title V, Sec. 507(b)(2), Nov. 14, 1986, 100 Stat. 3866, related to failure of officers of Naval Reserve and Marine Corps Reserve of selection for promotion. See section 14501 et seq. of this title. Section 5904, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1505, related to effect of erroneous omission of name from list furnished to selection board. See section 14502 of this title. Section 5905, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1505; amended Pub. L. 96-513, title V, Sec. 503(38), Dec. 12, 1980, 94 Stat. 2914; Pub. L. 99-661, div. A, title V, Sec. 507(b)(3), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 100-456, div. A, title V, Sec. 502(a), Sept. 29, 1988, 102 Stat. 1966, related to removal of reserve officers from promotion list. See section 14310 of this title. Section 5906, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1506; amended Pub. L. 96-513, title V, Sec. 503(39), Dec. 12, 1980, 94 Stat. 2914, related to promotion of reserve officers transferred to inactive status list. See section 14317(a) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End- -CITE- 10 USC Sec. 5907 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 549 - REPEALED] -HEAD- Sec. 5907. Repealed. -MISC1- [Sec. 5907. Repealed. Pub. L. 87-649, Sec. 14c(33), Sept. 7, 1962, 76 Stat. 501]. Section, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1506; Pub. L. 86-559, Sec. 1(44), June 30, 1960, 74 Stat. 274, related to pay and allowances of reserve officers promoted to a grade above lieutenant (junior grade) in the Naval Reserve or above first lieutenant in the Marine Corps Reserve, and is covered by section 905 of Title 37, Pay and Allowances of the Uniformed Services. EFFECTIVE DATE OF REPEAL Section repealed effective Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services. -End- -CITE- 10 USC Secs. 5908 to 5912 01/03/2012 (112-90) -EXPCITE- TITLE 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART II - PERSONNEL [CHAPTER 549 - REPEALED] -HEAD- Secs. 5908 to 5912. Repealed. -MISC1- [Secs. 5908 to 5912. Repealed. Pub. L. 103-337, div. A, title XVI, Sec. 1629(b)(2), Oct. 5, 1994, 108 Stat. 2963]. Section 5908, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1506; amended Pub. L. 87-649, Sec. 14c(34), Sept. 7, 1962, 76 Stat. 501, related to eligibility of ensigns in Naval Reserve and second lieutenants in Marine Corps Reserve for promotion. See section 14001 et seq. of this title. Section 5909, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1506, provided that sea or foreign service not be required for promotion of reserve officers under this chapter. Section 5910, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1506; amended Pub. L. 96-513, title V, Sec. 503(40), Dec. 12, 1980, 94 Stat. 2914, provided that officers in Naval Reserve and Marine Corps Reserve could be promoted under regulations prescribed by Secretary of the Navy. See section 14301 et seq. of this title. Section 5911, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1507; amended Pub. L. 86-559, Sec. 1(45), June 30, 1960, 74 Stat. 274, related to promotions of reserve officers by temporary and permanent appointments. See section 14301 et seq. of this title. Section 5912, added Pub. L. 85-861, Sec. 1(133), Sept. 2, 1958, 72 Stat. 1507; amended Pub. L. 92-129, title VI, Sec. 603(d), Sept. 28, 1971, 85 Stat. 362, related to President's power to make appointments under this chapter of officers in Naval Reserve and Marine Corps Reserve. See section 14301 et seq. of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title. -End-