(a) Under such regulations as he may prescribe, the Secretary of the Navy may make temporary appointments 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 Navy Reserve and the Marine Corps Reserve ordered to active duty for training.
(3) Members of the Navy Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Navy Reserve or the Marine Corps Reserve.
(4) Members of the Navy Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.
(d) Officers designated for limited duty under subsection (a) 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 328; Pub. L. 96–513, title III, §326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102–190, div. A, title XI, §1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502; Pub. L. 109–163, div. A, title V, §515(b)(1)(G), Jan. 6, 2006, 119 Stat. 3233.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5596(a) | 34 U.S.C. 3d. | Aug. 7, 1947, ch. 512, §301, 61 Stat. 829; June 30, 1951, ch. 196, §1(b), 65 Stat. 108. |
| 5596(b) | 34 U.S.C. 3c(c). | Aug. 7, 1947, ch. 512, §302(c), 61 Stat. 830. |
| 5596(c) | 34 U.S.C. 3c(h) (less 14th through 53d words). | Aug. 7, 1947, ch. 512, §302(h) (less 14th through 53d words), 61 Stat. 830. |
| 5596(d) | 34 U.S.C. 135a(a) (last sentence as applicable to temporary appointments). | May 29, 1954, ch. 249, §3(a) (3d sentence as applicable to temporary appointments), 68 Stat. 158. |
| 34 U.S.C. 135c(a) (last sentence as applicable to temporary appointments). | May 29, 1954, ch. 249, §5(a) (last sentence as applicable to temporary appointments), 68 Stat. 159. | |
| 34 U.S.C. 330 (last sentence as applicable to temporary promotions). | May 29, 1954, ch. 249, §7 (last sentence as applicable to temporary promotions), 68 Stat. 159. | |
| 5596(e) | 34 U.S.C. 3c(g). | Aug. 7, 1947, ch. 512, §302(g), 61 Stat. 830. |
| 34 U.S.C. 626–1(a). | Aug. 7, 1947, ch. 512, §314(a), 61 Stat.863. | |
| 5596(f) | 34 U.S.C. 3c(e). | Aug. 7, 1947, ch. 512, §302(e), 61 Stat. 830. |
| 34 U.S.C. 135a(b). | May 29, 1954, ch. 249, §3(b), 68 Stat. 158. | |
| 5596(g) | 34 U.S.C. 105j. | June 12, 1948, ch. 449, §215, 62 Stat. 370. |
| 34 U.S.C. 625h(a). | June 12, 1948, ch. 449, §213(a), 62 Stat. 369. | |
| 34 U.S.C. 3c(a) (as applicable to meaning of word "officers"). | Aug. 7, 1947, ch. 512, §302(a) (as applicable to meaning of word "officers"), 61 Stat. 829. | |
| 34 U.S.C. 3c(h) (14th through 53d words). | Aug. 7, 1947, ch. 512, §302(h) (14th through 53d words), 61 Stat. 830. | |
| 5596(h) | 34 U.S.C. 306h (as applicable to temporary appointments under 34 U.S.C. 3c(c)). | Aug. 7, 1947, ch. 512, §316(d) (as applicable to temporary appointments under §302(c)), 61 Stat. 867. |
Sections: Previous 5508 5540 5582 5585 5587 5587a 5589 5596 5721 5942 5943 5944 5945 5946 5947 Next
Last modified: October 26, 2015