Page:United States Statutes at Large Volume 94 Part 3.djvu/250

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2894

PUBLIC LAW 96-513—DEC. 12, 1980 TEMPORARY APPOINTMENTS IN WARRANT OFFICER GRADES A N D OP OFFICERS DESIGNATED FOR LIMITED DUTY

SEC. 326. Section 5596, relating to temporary appointments, is amended to read as follows: 10 USC 5596.

Ineligibility.

Ante, p. 2850. Termination.

"§ 5596. Navy and Marine Corps: temporary appointments of warrant officers and officers designated for limited duty "(a) Under such regulations as he may prescribe, the Secretary of the Navy may make temporary appointments— "(1) in warrant officer grades; and "(2) of officers designated for limited duty in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain from sources authorized under section 5589 of this title. Such appointments shall be made by warrant if in the grade of warrant officer, W-1, and by commission if in a higher grade. "(b) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person receiving 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. "(c) The following members of the naval service are ineligible for temporary appointments under this section: "(1) Retired members. "(2) Members of the Naval Reserve and the Marine Corps Reserve ordered to active duty for training. "(3) Members 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. "(4) Members of the Naval Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work. "(d) Officers designated for limited duty under subsection (a)(2) may be temporarily appointed by the Secretary of the Navy in a higher grade not above commander in the Regular Navy or lieutenant colonel in the Regular Marine Corps under such regulations as the Secretary may prescribe. Regulations prescribed under this section shall to the greatest extent practicable conform to the procedures prescribed in chapter 36 of this title for selection for promotion and promotion to higher permanent grades. "(e) The Secretary of the Navy may terminate any appointment made under this section.". R E P E A L OF SECTIONS AUTHORIZING TEMPORARY APPOINTMENTS OF NAVY A N D MARINE CORPS OFFICERS

SEC. 327. Sections 5597, 5598, and 5599, relating to temporary appointments in the Navy and Marine Corps during a war or national emergency, are repealed.