Page:United States Statutes at Large Volume 70A.djvu/424

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366

366 to oflScers of the Navy and the Marine Corps, other than women oflBcers appointed under section 5590 of this title. Such a suspension may not continue beyond June 30 of the fiscal year following that in which the war or national emergency ends. §5786. Application: preceding sections (a) Officers in the following categories are ineligible for promotion under the preceding sections of this chapter: (1) Women reserve officers, other than reserve officers in the Nurse Corps and other than reserve officers appointed under section 5581 of this title. (2) Retired officers. (3) Officers of the Naval Reserve and the Marine Corps Reserve on inactive duty. (4) Officers of the Naval Reserve and the Marine Corps Reserve assijrned to active duty for training. (5) Officers of the Naval Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Naval Reserve or the Marine Corps Reserve. (6) Officers of the Naval Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work. (7) Temporary officers serving in grades above chief warrant officer, W-4, whose only appointment to any such grade was made under section 5597 of this title. (b) Officers listed in subsection (a) are not counted as officers serving on active duty for the purpose of sections 5784 and 5785 of this title. (c) For the purpose of the preceding sections of this chapter, an officer serving in a grade to which he was appointed for a period of limited duration or in a grade to which he was temporarily promoted under section 5787 of this title is considered as serving in the grade he would hold if he had not received any such appointment or promotion. § 5787. Temporary promotions in time of w a r o r national emergency (a) Promotions may be made under this section only in time of war or during a national emergency declared by the President. (b) The President may promote to a higher grade any member of the naval service serving on active duty in the Navy in the grade of ensign or above or serving on active duty in the Marine Corps in the grade of second lieutenant or above. Such promotions shall be made under such regulations as the President prescribes and in such numbers as he determines the needs of the service require. (c) The Secretary of the Navy, under such regulations as he prescribes, may promote to the next higher warrant officer grade any member of the naval service serving on active duty in a warrant officer grade below chief warrant officer, W-4. (d) The grade of commodore in the Navy is established for the purposes of this section. (e) Promotions under this section shall be made by temporary appointments. Each such appointment to the grade of commodore or above in the Navy or to the grade of brigadier general or above