Page:United States Statutes at Large Volume 70A.djvu/425

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367

367 in the Marine Corps shall be made by the President, by and with the advice and consent of the Senate. Each such appointment to a warrant officer grade shall be made by the Secretary, by commission. All other temporary appointments under this section shall be made by the President alone. (f) Temporary promotions under this section to the grade of lieutenant or above in the Navy or to the grade of captain or above in the Marine Corps may be made only upon the recommendation of a board of officers convened for that purpose. I n addition to recommending officers for promotion, a board so convened shall make the report required by section 6395 of this title. (g) Each temporary appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date made, and the member so appointed is entitled to the pay and allowances of the grade to which promoted from that date. (h) 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 at the time of his appointment. (i) Temporary appointments under this section are effective for such periods as the President determines. However, no such appointment may be effective later than— (1) six months after the end of the war or national emergency; or (2) the date the appointee is released from active d u t y; whichever is earlier. (j) When his temporary appointment under this section is terminated or expires, each member of the naval service on active duty shall have the grade he would hold if he had not received any such appointment. §5788. Navy, ensigns; Marine Corps, second lieutenants: eligibility for promotion (a) Each officer, other than a retired officer, serving on active duty in the Navy or the Marine Corps who holds a permanent appointment in the grade of ensign or second lieutenant may be permanently promoted to the next higher grade on the third anniversary of his date of rank as ensign or second lieutenant. (b) Each officer holding a temporary appointment in the grade of ensign or second lieutenant, unless he is promoted earlier, may be temporarily promoted to the next higher grade on the third anniversary of his date of rank as ensign or second lieutenant. (c) Each officer promoted under this section is entitled to the pay and allowances of the higher grade from his date of rank in that grade unless he is entitled to them from an earlier date under another provision of law. § 5789. Officers receiving thanks of Congress (a) A n officer in the line of the Navy or an officer of the Marine Corps may be advanced one grade if, upon recommendation of the President by name, he receives the thanks of Congress for highly