Page:United States Statutes at Large Volume 70A.djvu/423

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365

365 subsection when the most senior of those male line officers on the active list of the Navy who are junior to his running mate is permanently appointed in that grade in the Regular Navy. If a reserve statf corps officer is on a promotion list for promotion under the preceding sections of this chapter and his running mate in the grade m which he is serving is not on such a promotion list, the line officer who is to be the running mate of the staff corps officer in the next higher grade is considered to be his running mate for the purpose of this subsection. A reserve staff corps officer permanently appointed in a grade under this subsection is considered as appointed simultaneously with the line officer upon whom his eligibility f<ir permanent appointment depends, and he shall be given the same date of rank as that line officer. § 5784. Navy, ensigns; Marine Corps, second lieutenants: temporary promotion (a) Promotions may be made under this section only when the number of male officers serving on active duty in the gradle of ensign and above in the line of the Navy exceeds the number of male officers on the active list in the line of the Navy. (b) Officers serving on active duty in the grade of ensign in the Navy may be promoted to the grade of lieutenant (junior grade) and officers serving on active duty in the grade of second lieutenant in the Marine Corps may be promoted to the grade of first lieutenant. (c) Promotions under this section shall be made by temporary appointments. (d) The President may terminate any temporary appointment made under this section. (e) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to other promotion or appointment, or abridge their rights or benefits. A member who receives a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade. (f) Women officers appointed under section 5590 of this title may not be promoted under this section. § 5785. Suspension preceding sections (a) The President may suspend any provision of the preceding sections of this chapter relating to officers serving in the grades of lieutenant and lieutenant (junior grade) in the Navy, other than women officers appointed under section 5590 of this title, or relating to male officers serving in the grades of captain and first lieutenant in the Marine Corps during any period when— (1) the number of male officers serving on active duty in the grade of ensign and above in the line oi the Navy exceeds the number of male officers on the active list in the line of the Navy; and (2) he determines that the needs of the service so require. (b) During a war or national emergency, the President may suspend any provision of the preceding sections of this chapter relating