368 distinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession. (b) An officer may be promoted under this section even though there are no vacancies in the higher grade. H e shall be carried as an additional number in that grade until the actual number of officers in that grade falls below the prescribed number. § 5790. Officers advanced in rank (a) An officer of the Navy or of the Marine Corps may be advanced, by and with the advice and consent of the Senate, not more than BO numbers on the lineal list for eminent and conspicuous conduct in battle or for extraordinary heroism. (b) An officer who as a result of an advancement under this section becomes senior to any officer in the next higher grade may be appointed by the President, by and with the advice and consent of the Senate, to the higher grade even though there are no vacancies in that grade. (c) An officer promoted after an advancement under this section is an additional number in each grade in which he serves. § 5791. Appointing power (a) Except as provided in section 5787 of this title, permanent and temporary appointments under this chapter in the Regular Navy and in the Regular Marine Corps shall be made by the President, by and with the advice and consent of the Senate. (b) Permanent and temporary appointments under this chapter in the grade of rear admiral in the Naval Reserve and in the grades of major general and brigadier general in the Marine Corps Reserve shall be made by the President, by and with the advice and consent of the Senate. Except as provided in sections 5787 and 5790 of this title, all other permanent and temporary appointments under this chapter in the Naval Reserve and in the Marine Corps Reserve shall be made by the President alone. § 5792. Oath of office not required An officer of the naval service who has served continuously since he subscribed to the oath of office prescribed in section 16 of title 5 is not required to take a new oath upon his promotion to a higher grade. CHAPTER 547.—EXAMINATIONS FOR PROMOTION Sec. 5861. Physical examination. 5862. Mental, moral, and professional examination: examining boards; board members. 5863. Examining boards: procedure. 5864. Discharge of officer not morally qnalifled. 5865. Effect of failure to qualify professionally. 5866. Delegation of power of President to Secretary of the Navy.
§ 5861. Physical examination Before an officer on the active list of the Navy or the Marine Corps may be permanently promoted to a higher grade, or before an officer of the Navy or the Marine Corps may be temporarily promoted to a