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364:
(d) Notwithstanding subsections (b) and (c), no officer may be permanently appointed in the grade of captain in the Medical Service Corps or in the grade of commander or lieutenant commander in the Nurse Corps unless there is a vacancy for him in the grade and corps concerned as determined by computations under section 5449(c) and (d) of this title. §5783. Naval Reserve and Marine Corps Reserve: permanent promotion (a) Permanent appointments may be made in any grade in the line of the Naval Reserve from officers holding permanent appointments in the grade of ensign or above in the line of the Naval Reserve who are on active duty and who— (1) have been temporarily promoted to the grade concerned under the preceding sections of this chapter; or (2) are on the promotion list for promotion to the grade concerned under the preceding sections of this chapter. A n officer in the line of the Naval Reserve may be permanently appointed in a grade in the Naval Reserve under this subsection when the most junior of those male line officers on the active list who are senior to him is permanently appointed in that grade in the Regular Navy. The reserve officer is considered for all purposes to have been appointed simultaneously with the regular officer and he shall be given the same date of rank as the regular officer. (b) Permanent appointments may be made in any grade in the Marine Corps Reserve from officers holding permanent appointments in the grade of second lieutenant or above in the Marine Corps Reserve who are on active duty and who— (1) have been temporarily promoted to the grade concerned under the preceding sections of this chapter; or (2) are on the promotion list for promotion to the grade concerned under the preceding sections of this chapter. An officer of the Marine Corps Reserve may be permanently appointed in a grade in the Marine Corps Reserve under this subsection when the most junior of the male officers on the active list of the Marine Corps who are senior to him is permanently appointed in that grade in the Regular Marine Corps. The reserve officer is considered for all purposes to have been appointed simultaneously with the regular officer and he shall be given the same date of rank as the regular officer. (c) Permanent appointments may be made in any grade in the Naval Reserve in any staff corps from officers holding permanent appointments in the grade of ensign or above in the Naval Reserve in the corps concerned who are on active duty and who— (1) have been temporarily promoted to the grade concerned under the preceding sections of this chapter; or (2) are on the promotion list for promotion to the grade concerned under the preceding sections of this chapter. A reserve staff corps officer whose running mate is on the active list of the Navy may be permanently appointed in a grade in the Naval Reserve under this subsection when his running mate is permanently appointed in that grade in the Regular Navy. A reserve staff corps officer whose running mate is not on the active list of the Navy m a j be permanently appointed in a grade in the Naval Reserve under this
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