92 STAT. 720
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10 USC 5787d.
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PUBLIC LAW 9 5 - 3 7 7 — S E P T. 19, 1978 (3) Section 1203(4)(C) of such title is amended by striking out "the proximate result of performing active duty nor incurred in line of duty in time of war or national emergency" and inserting in lieu thereof " (i) the proximate result of performing active duty, (ii) incurred in line of duty in time of war or national emergency, nor (iii) incurred in line of duty during the period beginning on September 15, 1978, and ending on September 30, 1979, except that the condition provided for in this item shall not be effective during such period unless the President determines that such condition should be effective during such period and issues an Executive order to that effective". SEC. 4. (a) Chapter 545 of title 10, United States Code, is amended by inserting after section 5787c a new section as follows: "§ 5787d. Navy lieutenants: temporary promotion " (a) Line officers not restricted in the performance of duty in the grade of lieutenant, possessing skills in a critical shortage and serving in lieutenant commander billets requiring such skills, may be temporarily promoted to lieutenant commander under such regulations as the Secretary of the Navy may prescribe. Temporary appointment under this section shall be made by the President alone. " (b) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to other promotions or appointments, or abridge their rights or benefits. " (c) Temporary promotions under this section 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 6384 of this title. " (d) E a c h 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. " (e) Temporary appointments under this section will terminate upon an officer's detachment from a qualifying billet so designated by the Secretary of the Navy. W h e n an officer, whose name is on a promotion list as a result of selection to lieutenant commander other than under this section, is detached, an appointment will be issued to include the interim period between the subject officer's detachment from the qualifying billet and the date of promotion as a result of selection board action. " (f) W h e n his temporary appointment under this section is terminated or expires, each member of the naval service on active d u t y shall have the grade he would hold if he h a d not received any such appointment. " (g) No appointments may be made under this section after September 30, 1979.".
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