-CITE-

10 USC CHAPTER 539 - ORIGINAL APPOINTMENTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

.

-HEAD-

CHAPTER 539 - ORIGINAL APPOINTMENTS

-MISC1-

Sec.

(5571 to 5581. Repealed.)

5582. Regular Navy: transfers, line and staff corps.

(5583, 5584. Repealed.)

5585. Regular Marine Corps: order of filling vacancies in grade of

second lieutenant.

(5586. Repealed.)

5587. Regular Navy: officers designated for engineering duty,

aeronautical engineering duty, and special duty.

5587a. Regular Marine Corps: judge advocates.

(5588. Repealed.)

5589. Regular Navy and Regular Marine Corps: officers designated

for limited duty.

(5590 to 5595. Repealed.)

5596. Navy and Marine Corps: temporary appointments of officers

designated for limited duty.

(5597 to 5601. Repealed.)

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1673(b)(2), Oct.

5, 1994, 108 Stat. 3016, struck out item 5600 ''Naval Reserve and

Marine Corps Reserve: service credit upon original appointment''.

1991 - Pub. L. 102-190, div. A, title XI, Sec. 1113(d)(2)(B),

Dec. 5, 1991, 105 Stat. 1502, struck out ''warrant officers and''

before ''officers designated'' in item 5596.

1981 - Pub. L. 97-22, Sec. 10(b)(7), July 10, 1981, 95 Stat. 137,

struck out item 5573a ''Regular Navy and Regular Marine Corps: from

reserve and temporary officers'' and in item 5596 substituted

''Navy and Marine Corps: temporary appointments of warrant officers

and officers designated for limited duty'' for ''Navy and Marine

Corps: temporary appointments''.

1980 - Pub. L. 96-513, title V, Sec. 503(28), Dec. 12, 1980, 94

Stat. 2913, struck out items 5571 ''Regular Navy and Regular Marine

Corps: citizenship of officers'', 5572 ''Regular Navy and Regular

Marine Corps: appointing power'' 5573 ''Regular Navy and Regular

Marine Crops: from graduates of the Naval Academy'', 5574 ''Regular

Navy: Medical Corps'', 5575 ''Regular Navy: Supply Corps,'' 5576

''Regular Navy: Chaplain Corps'', 5577 ''Regular Navy: Civil

Engineer Corps'', 5578 ''Regular Navy: Dental Corps'', 5578a

''Regular Navy: Judge Advocate General's Corps'', 5579 ''Regular

Navy: Medical Service Corps'', 5580 ''Regular Navy: Nurse Corps'',

5581 ''Naval Reserve: Medical Corps, Dental Corps, Medical Service

Corps: women'', 5583 ''Regular Marine Corps: from non-commissioned

officers'', 5584 ''Regular Marine Corps: from former officers'',

5586 ''Regular Navy and Regular Marine Corps: from warrant officers

and enlisted members'', 5590 ''Regular Navy and Regular Marine

Corps: women'', 5591 ''Regular Navy: Supply Corps: maximum number

of ensigns appointed annually'', 5592 ''Regular Navy: Civil

Engineer Corps: maximum number of ensigns appointed annually'',

5593 ''Regular Navy: Medical Service Corps; maximum number of

ensigns appointed annually'', 5594 ''Regular Navy: Nurse Corps:

maximum number of ensigns appointed annually'', 5595 ''Regular

Marine Corps: restriction on appointments of former midshipmen and

cadets'', 5597 ''Navy and Marine Corps: temporary appointments in

time of war or national emergency'', 5598 ''Naval Reserve and

Marine Corps Reserve: temporary appointments in time of war or

national emergency'', 5599 ''Medical Corps: acting appointments for

temporary service'', and 5601 ''Naval Reserve: Nurse Corps: men''.

1967 - Pub. L. 90-179, Sec. 5(5), Dec. 8, 1967, 81 Stat. 548,

added items 5578a and 5587a.

1961 - Pub. L. 87-123, Sec. 5(9), Aug. 3, 1961, 75 Stat. 265,

struck out item 5588 ''Regular Marine Corps: officers designated

for supply duty''.

1958 - Pub. L. 85-861, Sec. 1(118)(B), (121)(B), Sept. 2, 1958,

72 Stat. 1493, 1495, added items 5573a, 5600, and 5601.

-CITE-

10 USC Sec. 5571, 5572 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5571, 5572. Repealed. Pub. L. 96-513, title III, Sec. 321,

Dec. 12, 1980, 94 Stat. 2892)

-MISC1-

Section 5571, act Aug. 10, 1956, ch. 1041, 70A Stat. 321,

prescribed a citizenship requirement for appointment as an officer

in the Regular Navy or the Regular Marine Corps. See section 532 of

this title.

Section 5572, acts Aug. 10, 1956, ch. 1041, 70A Stat. 321; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(117), 72 Stat. 1493, required that

each appointment to the active list of the Navy or to the active

list of the Marine Corps be made by the President, by and with the

advice and consent of the Senate. See section 531 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5573 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5573. Repealed. Pub. L. 96-513, title III, Sec. 322, Dec. 12,

1980, 94 Stat. 2892)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 321, authorized

appointment of graduates of the Naval Academy to the Regular Navy

and the Regular Marine Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5573a to 5580 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5573a to 5580. Repealed. Pub. L. 96-513, title III, Sec. 321,

Dec. 12, 1980, 94 Stat. 2892)

-MISC1-

Section 5573a, added Pub. L. 85-861, Sec. 1(118)(A), Sept. 2,

1958, 72 Stat. 1493, authorized appointments to the active list of

the Navy in permanent grades not above lieutenant and to the active

list of the Marine Corps in permanent grades not above captain from

officers of the Naval Reserve or the Marine Corps Reserve and from

officers of the Regular Navy or the Regular Marine Corps not

holding permanent commissioned appointments therein.

Section 5574, acts Aug. 10, 1956, ch. 1041, 70A Stat. 321; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(119), 72 Stat. 1493, prescribed

requirements for original appointments to the active list of the

Navy in the Medical Corps. See section 532 of this title.

Section 5575, act Aug. 10, 1956, ch. 1041, 70A Stat. 322,

prescribed requirements for original appointments to the active

list of the Navy in the Supply Corps. See section 532 of this

title.

Section 5576, act Aug. 10, 1956, ch. 1041, 70A Stat. 322,

prescribed requirements for original appointments to the active

list of the Navy in the Chaplain Corps. See section 532 of this

title.

Section 5577, act Aug. 10, 1956, ch. 1041, 70A Stat. 322,

prescribed requirements for original appointments to the active

list of the Navy in the Civil Engineer Corps. See section 532 of

this title.

Section 5578, acts Aug. 10, 1956, ch. 1041, 70A Stat 322; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(120), 72 Stat. 1494, prescribed

requirements for original appointments to the active list of the

Navy in the Dental Corps. See section 532 of this title.

Section 5578a, added Pub. L. 90-179, Sec. 5(1), Dec. 8, 1967, 81

Stat. 547, prescribed requirements for original appointments to the

active list of the Navy in the Judge Advocate General's Corps. See

section 532 of this title.

Section 5579, act Aug. 10, 1956, ch. 1041, 70A Stat. 323,

prescribed requirements for original appointments to the active

list of the Navy in the Medical Service Corps. See section 532 of

this title.

Section 5580, acts Aug. 10, 1956, ch 1041, 70A Stat. 323; Sept.

30, 1966, Pub. L. 89-609, Sec. 1(7)-(9), 80 Stat. 853, prescribed

requirements for original appointments to the active list of the

Navy in the Nurse Corps. See section 532 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5581 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5581. Repealed. Pub. L. 96-513, title III, Sec. 373(c), Dec.

12, 1980, 94 Stat. 2903)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 323; Dec. 8,

1967, Pub. L. 90-179, Sec. 12, 81 Stat. 549, related to the

appointment of women in the Naval Reserve to the Medical Corps, the

Dental Corps, and the Medical Services Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5582 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5582. Regular Navy: transfers, line and staff corps

-STATUTE-

(a) A regular officer of the Navy in a staff corps in a grade not

above lieutenant commander may be appointed in the line of the Navy

to the same grade.

(b) A regular officer in the line of the Navy in a grade not

above lieutenant commander may be appointed to the same grade in a

staff corps under regulations prescribed by the Secretary of

Defense.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 324; Pub. L. 96-513, title III,

Sec. 373(d), Dec. 12, 1980, 94 Stat. 2903.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5582(a) 34 U.S.C. 14 (less July 22, 1935, ch.

statement of 402, Sec. 7 (less

appointing statement of

authority). appointing

authority), 49

Stat. 490.

5582(b) 34 U.S.C. 13 (less July 22, 1935, ch.

statement of 402, Sec. 6 (less

appointing statement of

authority). appointing

authority), 49

Stat. 490.

-------------------------------

The words ''active list'' are inserted so that this section will

apply only to officers of the Regular Navy holding permanent

appointments in grades above commissioned warrant officer, as this

was the intent of the source statute. The words ''same grade'' are

substituted for the words ''corresponding rank and grade'' in

subsection (a) and for the words ''corresponding grade'' in

subsection (b), since, under Sec. 405 of the Officer Personnel Act

of 1947 (34 U.S.C. 10a), the grades in the staff corps are the same

as those in the line. The words ''transfer and'' and ''transferred

and'' are omitted as surplusage.

In subsection (a) the words ''and precedence in the line'' are

omitted as surplusage.

In subsection (b) reference to the Construction Corps is omitted

because that corps was abolished by the Act of June 25, 1940, ch.

420, Sec. 1, 54 Stat. 528.

The word ''male'' is inserted in both subsections to limit their

application to men. Authority to appoint women is covered in Sec.

5590 of this title.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-513 substituted ''A regular

officer'' for ''Any male officer on the active list'' and ''in the

line'' for ''to the active list in the line'' and deleted provision

assigning an officer so appointed the lineal position he would have

held had he originally been appointed in and had he remained in the

line and provision that such an officer was to be considered an

additional number in each grade in which he served.

Subsec. (b). Pub. L. 96-513 substituted ''A regular officer'' for

''Any male officer on the active list'' and ''the same grade in a

staff corps under regulations prescribed by the Secretary of

Defense'' for ''the active list of the Navy in the Supply Corps or

the Civil Engineer Corps, in the same grade, without regard to his

age.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

-CITE-

10 USC Sec. 5583, 5584 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5583, 5584. Repealed. Pub. L. 96-513, title III, Sec. 321,

Dec. 12, 1980, 94 Stat. 2892)

-MISC1-

Section 5583, act Aug. 10, 1956, ch. 1041, 70A Stat. 324,

prescribed requirements for original appointments to the active

list of the Marine Corps from noncommissioned officers of the

Regular Marine Corps. See section 532 of this title.

Section 5584, act Aug. 10, 1956, ch. 1041, 70A Stat. 324,

prescribed requirements for original appointments to the active

list of the Marine Corps from former officers of the Marine Corps.

See section 532 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5585 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5585. Regular Marine Corps: order of filling vacancies in

grade of second lieutenant

-STATUTE-

Vacancies on the active-duty list of the Marine Corps in the

grade of second lieutenant shall be filled, so far as practicable,

first, from members of the graduating class of the Naval Academy;

second, from meritorious noncommissioned officers of the Regular

Marine Corps; and third, from other persons.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 324; Pub. L. 96-513, title V,

Sec. 503(29), Dec. 12, 1980, 94 Stat. 2913.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5585 34 U.S.C. 634. Mar. 3, 1899, ch.

413, Sec. 19, 30

Stat. 1008; Mar. 3,

1903, ch. 1010, 32

Stat. 1198 (1st

proviso in 5th

par., 48th word to

end of proviso).

-------------------------------

The words ''from other persons'' are substituted for the words

''from civil life'' because 34 U.S.C. 1020e authorizes the

appointment of graduates of the NROTC program as well as of other

persons in civil life. Such graduates are, properly, persons in

''civil life'', since they are members of the Naval Reserve who are

not on active duty. However, since the status of members of the

NROTC is not always clear, the statement of the class is expanded.

AMENDMENTS

1980 - Pub. L. 96-513 substituted ''active-duty list'' for

''active list''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-CITE-

10 USC Sec. 5586 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5586. Repealed. Pub. L. 96-513, title III, Sec. 321, Dec. 12,

1980, 94 Stat. 2892)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 324, prescribed

requirements for original appointments to the active list of the

Navy in the line or in any staff corps, except the Medical Service

Corps and the Nurse Corps, in grades not above lieutenant and to

the active list of the Marine Corps in grades not above captain

from warrant officers and enlisted members of the Regular Navy and

Regular Marine Corps. See section 532 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5587 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5587. Regular Navy: officers designated for engineering duty,

aeronautical engineering duty, and special duty

-STATUTE-

(a) Persons may be originally appointed in the line of the Navy

as regular officers designated for engineering duty, aeronautical

engineering duty, or special duty.

(b) With the approval of the Secretary, a regular officer in the

line of the Navy may, upon his application, be designated for

engineering duty, aeronautical engineering duty, or special duty.

(c) The types of engineering duty for which officers may be

designated include ship engineering and ordnance engineering. The

types of aeronautical engineering duty for which officers may be

designated include aeronautical engineering and aviation

maintenance. The types of special duty for which officers may be

designated include communications, law, naval intelligence,

photography, public affairs, psychology, geophysics, cryptography,

and hydrography.

(d) Officers designated for engineering duty, aeronautical

engineering duty, or special duty shall perform sea or shore duty

appropriate to their special qualifications but may not succeed to

command except on shore and then only as authorized by the

Secretary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 325; Pub. L. 90-179, Sec. 5(2),

Dec. 8, 1967, 81 Stat. 547; Pub. L. 90-386, Sec. 1(5), July 5,

1968, 82 Stat. 293; Pub. L. 96-513, title III, Sec. 324, Dec. 12,

1980, 94 Stat. 2893.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5587 34 U.S.C. 77 (less Aug. 7, 1947, ch.

statement of 512, Sec. 408 (less

appointing statement of

authority). appointing

authority), 61

Stat. 873.

34 U.S.C. 71, 73. Aug. 29, 1916, ch.

417, 39 Stat. 580

(words preceding 3d

proviso of 1st par.

under ''Officers

for Engineering

Duty Only''); May

11, 1928, ch. 522,

45 Stat. 498; Aug.

7, 1947, ch. 512,

Sec. 402(a), (c),

61 Stat. 870.

34 U.S.C. 78 (less Aug. 7, 1947, ch.

(b)). 512, Sec. 403 (less

(b)), 61 Stat. 870.

34 U.S.C. 211b (less Aug. 7, 1947, ch.

(b)). 512, Sec. 401 (less

(b)), 61 Stat. 869.

-------------------------------

In subsection (a) the word ''annually'' and the words ''and

regularly commission'' are omitted as surplusage. The word

''male'' is inserted in subsection (a) to limit the application of

the appointing authority in this subsection to men. Authority to

appoint women is covered in Sec. 5590 of this title.

In subsection (b) the words ''on the active list'' are inserted

in order to exclude reserve and temporary officers, which is the

intention of Congress determined from the use of the words

''additional numbers in grade'' and ''percentage of officers on the

active list'' which apply only to regular officers holding

permanent appointments. In the same subsection and in subsections

(c) and (d) the provisions of the law that these officers are

assigned to a certain duty and then ''described and known as

officers designated'' for that duty have been written simply as

providing that these officers may be ''designated'' for that duty.

This is done as there is no apparent reason for any distinction

between these officers and those appointed under subsection (a). In

subsection (c) the words ''specialized duties in the fields of''

are omitted as surplusage.

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-513, Sec. 324(a), substituted

provision allowing the appointment of ''persons'' in the line of

the Navy as regular officers for provision allowing the appointment

of males only to the active list in the line of the Navy as

officers, struck out provision specifying the rank designation of

appointees, and struck out provision limiting the number of

appointments under subsec. (a) to the number of vacancies that the

Secretary of the Navy estimated would occur in a particular fiscal

year in the grades and designations concerned.

Subsec. (b). Pub. L. 96-513, Sec. 324(b), substituted ''a regular

officer'' for ''any officer on the active list''.

Subsec. (c). Pub. L. 96-513, Sec. 324(c), substituted ''public

affairs, psychology, geophysics, cryptography'' for ''public

information, psychology''.

Subsec. (d). Pub. L. 96-513, Sec. 324(d), struck out ''are

additional numbers in grade. They'' after ''special duty''.

1968 - Subsec. (c). Pub. L. 90-386 enumerated the types of

engineering duty and aeronautical engineering duty for which

officers may be designated.

1967 - Subsec. (c). Pub. L. 90-179 struck out ''law,'' after

''communications,''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment of Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

-CITE-

10 USC Sec. 5587a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5587a. Regular Marine Corps: judge advocates

-STATUTE-

With the approval of the Secretary of the Navy, any regular

officer on the active-duty list of the Marine Corps who is

qualified under section 827(b) of this title may, upon his

application, be designated as a judge advocate.

-SOURCE-

(Added Pub. L. 90-179, Sec. 5(3), Dec. 8, 1967, 81 Stat. 548;

amended Pub. L. 96-513, title V, Sec. 503(30), Dec. 12, 1980, 94

Stat. 2913.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-513 struck out designation ''(a)'' before

''With the approval of the Secretary'', substituted ''active-duty

list'' for ''active list'', and struck out subsec. (b) which

provided that, for the purposes of determining lineal position,

permanent grade, seniority in permanent grade, and eligibility for

promotion, a person appointed to the active list of the Marine

Corps with a view to designation as a judge advocate could be

credited with the amount of service prescribed by the Secretary of

the Navy, but not more than three years.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section

701 of Pub. L. 96-513, set out as a note under section 101 of this

title.

-CITE-

10 USC Sec. 5588 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5588. Repealed. Pub. L. 87-123, Sec. 5(8), Aug. 3, 1961, 75

Stat. 265)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 326, related to

designation of Marine Corps officers for supply duty.

-CITE-

10 USC Sec. 5589 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5589. Regular Navy and Regular Marine Corps: officers

designated for limited duty

-STATUTE-

(a) Original appointments as regular officers of the Navy in a

grade below lieutenant commander in the line and in staff corps

established by the Secretary of the Navy under section 5150(b) of

this title and designated by the Secretary for the purposes of this

section may be made from -

(1) warrant officers;

(2) chief petty officers; and

(3) first-class petty officers;

in the Regular Navy, for the performance of duty in the technical

fields indicated by their warrants or ratings.

(b) Original appointments as regular officers of the Marine Corps

in a grade below major may be made from -

(1) warrant officers;

(2) master sergeants; and

(3) technical sergeants;

in the Regular Marine Corps, for the performance of duty in the

technical fields in which they are proficient.

(c)(1) An officer described in paragraph (2) may be given an

original appointment as a regular officer of the Navy or the Marine

Corps, as the case may be, in the grade, and with the date of rank

in that grade, in which the officer is serving on the day before

such original appointment.

(2) This subsection applies to an officer of the Navy and Marine

Corps who -

(A) is on the active-duty list;

(B) holds a permanent enlisted or warrant officer grade;

(C) is designated for limited duty under subsection (a) of

section 5596 of this title; and

(D) is serving in the grade of lieutenant commander or

commander, or in the grade of major or lieutenant colonel, under

a temporary appointment under subsection (d) of section 5596 of

this title.

(d) To be eligible for an appointment under this section a member

must have the qualifications specified in section 532(a) of this

title and have completed at least 10 years of active naval service,

excluding active duty for training in a reserve component.

(e) Each officer appointed under this section is known as an

officer designated for limited duty. He may not suffer any

reduction in the pay and allowances to which he was entitled at the

time of his appointment because of his former permanent status.

(f) Any officer designated for limited duty, upon his application

and upon determination by the Secretary of the Navy that he is

qualified, may -

(1) if he is in the line of the Navy, be designated for

engineering duty, aeronautical engineering duty, or special duty,

or be assigned to unrestricted performance of duty;

(2) if he is in a staff corps of the Navy, be assigned to

unrestricted performance of duty in that corps; or

(3) if he is in the Marine Corps, be assigned to unrestricted

performance of duty.

When an officer is so designated or assigned, his status as an

officer designated for limited duty terminates.

(g) The Secretary shall prescribe regulations for the

appointment, designation, and assignment of officers under this

section.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 326; Pub. L. 87-123, Sec.

5(10), Aug. 3, 1961, 75 Stat. 265; Pub. L. 96-513, title III, Sec.

325, Dec. 12, 1980, 94 Stat. 2893; Pub. L. 99-433, title V, Sec.

514(c)(3), Oct. 1, 1986, 100 Stat. 1055; Pub. L. 103-337, div. A,

title V, Sec. 502, Oct. 5, 1994, 108 Stat. 2748.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5589 34 U.S.C. 211c ((a) Aug. 7, 1947, ch.

(less statement of 512, Sec. 404 ((a)

appointing (less statement of

authority), and appointing

less (e)-(h)). authority), and

less (e)-(h)), 61

Stat. 870; Aug. 5,

1949, ch. 402, Sec.

1(f), 63 Stat. 568.

-------------------------------

In subsections (a) and (b) the authority to make appointments

under this section is confined to appointments in the grades of

ensign and second lieutenant, since the authority in the source

statute to make appointments in higher grades was limited and has

been completely executed. The words ''commissioned warrant

officers'' are omitted as surplusage, since the term ''warrant

officers'' includes commissioned warrant officers.

The word ''male'' is inserted to limit the application of the

section to men. Authority to appoint women is covered in Sec. 5590

of this title.

AMENDMENTS

1994 - Subsecs. (c) to (g). Pub. L. 103-337 added subsec. (c) and

redesignated former subsecs. (c) to (f) as (d) to (g),

respectively.

1986 - Subsec. (a). Pub. L. 99-433 substituted ''section

5150(b)'' for ''section 5155(b)''.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 325(1), substituted ''as

regular officers of the Navy in a grade below lieutenant commander

in the line and in staff corps established by the Secretary of the

Navy under section 5155(b) of this title and designated by the

Secretary for the purposes of this section may be made from'' for

''to the active list of the Navy in the grade of ensign in the

line, in the Supply Corps, and in the Civil Engineer Corps may be

made from male''.

Subsec. (b). Pub. L. 96-513, Sec. 325(2), substituted ''as

regular officers of the Marine Corps in a grade below major may be

made from'' for ''to the active list of the Marine Corps in the

grade of second lieutenant may be made from male''.

Subsec. (c). Pub. L. 96-513, Sec. 325(3), inserted ''the

qualifications specified in section 532(a) of this title and

have''.

1961 - Subsec. (e)(3). Pub. L. 87-123 struck out ''be designated

for supply duty or'' before ''be assigned to''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions relating to Regular Navy or Regular Marine Corps

officers designated as limited-duty officers under this section

prior to September 15, 1981, see section 616 of Pub. L. 96-513, set

out as a note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 532, 5596, 6221 of this

title.

-CITE-

10 USC Sec. 5590 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5590. Repealed. Pub. L. 96-513, title III, Sec. 373(e), Dec.

12, 1980, 94 Stat. 2903)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 327, authorized

appointments of women to the Regular Navy and Regular Marine Corps.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5591 to 5595 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5591 to 5595. Repealed. Pub. L. 96-513, title III, Sec. 323,

Dec. 12, 1980, 94 Stat. 2893)

-MISC1-

Section 5591, act Aug. 10, 1956, ch. 1041, 70A Stat. 327,

prescribed maximum number of appointments that could be made

annually to active list of Navy in Supply Corps in grade of ensign.

Section 5592, act Aug. 10, 1956, ch. 1041, 70A Stat. 327,

prescribed maximum number of appointments that could be made

annually to active list of Navy in Civil Engineer Corps in grade of

ensign.

Section 5593, act Aug. 10, 1956, ch. 1041, 70A Stat. 328,

prescribed maximum number of appointments that could be made

annually to active list of Navy in Medical Service Corps in grade

of ensign.

Section 5594, act Aug. 10, 1956, ch. 1041, 70A Stat. 328,

prescribed maximum number of appointments that could be made

annually to active list of Navy in Nurse Corps in grade of ensign.

Section 5595, act Aug. 10, 1956, ch. 1041, 70A Stat. 328,

restricted appointment of a former midshipman at Naval Academy or a

former cadet at Military Academy to a commissioned grade in Regular

Marine Corps until after graduation of class of which he was a

member.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5596 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

Sec. 5596. Navy and Marine Corps: temporary appointments of

officers designated for limited duty

-STATUTE-

(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 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) 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 328; Pub. L. 96-513, title III,

Sec. 326, Dec. 12, 1980, 94 Stat. 2894; Pub. L. 102-190, div. A,

title XI, Sec. 1113(c), (d)(2)(A), Dec. 5, 1991, 105 Stat. 1502.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5596(a) 34 U.S.C. 3d. Aug. 7, 1947, ch.

512, Sec. 301, 61

Stat. 829; June 30,

1951, ch. 196, Sec.

1(b), 65 Stat. 108.

5596(b) 34 U.S.C. 3c(c). Aug. 7, 1947, ch.

512, Sec. 302(c),

61 Stat. 830.

5596(c) 34 U.S.C. 3c(h) Aug. 7, 1947, ch.

(less 14th through 512, Sec. 302(h)

53d words). (less 14th through

53d words), 61

Stat. 830.

5596(d) 34 U.S.C. 135a(a) May 29, 1954, ch.

(last sentence as 249, Sec. 3(a) (3d

applicable to sentence as

temporary applicable to

appointments). temporary

appointments), 68

Stat. 158.

34 U.S.C. 135c(a) May 29, 1954, ch.

(last sentence as 249, Sec. 5(a)

applicable to (last sentence as

temporary applicable to

appointments). temporary

appointments), 68

Stat. 159.

34 U.S.C. 330 (last May 29, 1954, ch.

sentence as 249, Sec. 7 (last

applicable to sentence as

temporary applicable to

promotions). temporary

promotions), 68

Stat. 159.

5596(e) 34 U.S.C. 3c(g). Aug. 7, 1947, ch.

512, Sec. 302(g),

61 Stat. 830.

34 U.S.C. 626-1(a). Aug. 7, 1947, ch.

512, Sec. 314(a),

61 Stat.863.

5596(f) 34 U.S.C. 3c(e). Aug. 7, 1947, ch.

512, Sec. 302(e),

61 Stat. 830.

34 U.S.C. 135a(b). May 29, 1954, ch.

249, Sec. 3(b), 68

Stat. 158.

5596(g) 34 U.S.C. 105j. June 12, 1948, ch.

449, Sec. 215, 62

Stat. 370.

34 U.S.C. 625h(a). June 12, 1948, ch.

449, Sec. 213(a),

62 Stat. 369.

34 U.S.C. 3c(a) (as Aug. 7, 1947, ch.

applicable to 512, Sec. 302(a)

meaning of word (as applicable to

''officers''). meaning of word

''officers''), 61

Stat. 829.

34 U.S.C. 3c(h) Aug. 7, 1947, ch.

(14th through 53d 512, Sec. 302(h)

words). (14th through 53d

words), 61 Stat.

830.

5596(h) 34 U.S.C. 306h (as Aug. 7, 1947, ch.

applicable to 512, Sec. 316(d)

temporary (as applicable to

appointments under temporary

34 U.S.C. 3c(c)). appointments under

Sec. 302(c)), 61

Stat. 867.

-------------------------------

Since appointments under this section are either made, or not

made, in the discretion of the President, the proviso of 34 U.S.C.

3d, authorizing the President to suspend the operation of this

section with respect to lieutenants (junior grade) and lieutenants

in the Navy and first lieutenants and captains in the Marine Corps,

is omitted from subsection (a) as unnecessary.

In subsections (b) and (c) the words ''and above'' have been

executed by naming the grades they imply, to wit, chief petty

officers and master and technical sergeants. In the statement of

the grades to which appointments may be made, the words ''including

the grades of warrant officer and commissioned warrant officer''

are omitted as surplusage. In the list of persons who may be

appointed, reference to commissioned warrant officers is omitted

because they are included within the term ''warrant officers''.

In subsection (f) the words ''do not change the * * * status''

are substituted for the words ''appointments * * * shall not be

vacated.'' The word ''advancement'', the words ''in accordance with

laws relating to the Regular Navy or Marine Corps'', and the words

''privileges and gratuities'' are omitted as surplusage. The first

proviso is omitted as unnecessary in view of the Career

Compensation Act of 1949.

In subsection (g)(2) that portion of 34 U.S.C. 3c(a) which

excludes officers on the retired list from the definition of the

word ''officers'' is treated as precluding the appointment of such

officers under this section. There is no express statement of law

making retired enlisted members ineligible for such appointments;

however, the context indicates this to be the intent of Congress.

In subsection (g)(3) that portion of 34 U.S.C. 3c(a) which excludes

officers on active duty for training from the definition of the

word ''officers'' is treated as precluding the appointment of

persons on training duty under this section. While there is no

statement of law making enlisted members of the Naval Reserve and

the Marine Corps Reserve on active duty for training ineligible for

appointments under this section, the context indicates this to be

the intent of Congress and clause (3) is thus written. The

exception as to the Fleet Reserve is omitted as unnecessary

inasmuch as, pursuant to the Armed Forces Reserve Act of 1952, the

Fleet Reserve is no longer a part of the Naval Reserve but is a

separate and distinct component of the Navy.

AMENDMENTS

1991 - Pub. L. 102-190, Sec. 1113(d)(2)(A), struck out ''warrant

officers and'' before ''officers designated'' in section catchline.

Subsec. (a). Pub. L. 102-190, Sec. 1113(c)(1), reorganized

subsec. (a), striking out par. (1) relating to warrant officer

grades, and striking out par. (2) designation.

Subsec. (d). Pub. L. 102-190, Sec. 1113(c)(2), substituted

''subsection (a)'' for ''subsection (a)(2)''.

1980 - Subsec. (a). Pub. L. 96-513 substituted provisions

authorizing the Secretary of the Navy to make temporary

appointments in warrant officer grades and of certain officers

designated for limited duty for provisions authorizing such

appointments only when the number of male officers serving on

active duty in the grade of ensign and above in the line of the

Navy exceeded the number of male officers on the active list in the

line of the Navy.

Subsec. (b). Pub. L. 96-513 redesignated subsec. (f) as (b) and

struck out former subsec. (b) which described persons eligible for

temporary appointments in the Regular Navy, except in the Nurse

Corps, in grades not above lieutenant and in the Regular Marine

Corps in grades not above captain.

Subsec. (c). Pub. L. 96-513 redesignated subsec. (g) as (c),

struck out provision restricting temporary appointments to male

members of the naval service, and struck out former subsec. (c)

which described persons eligible for temporary appointments in the

Naval Reserve, except in the Nurse Corps, in grades not above

lieutenant and in the Marine Corps Reserve in grades not above

captain.

Subsec. (d). Pub. L. 96-513 substituted provisions authorizing

the Secretary of the Navy to temporarily appoint officers

designated for limited duty under subsec. (a)(2) in a higher grade

not above commander in the Regular Navy or lieutenant colonel in

the Regular Marine Corps for provisions authorizing the Secretary

to make temporary appointments in warrant officer grades.

Subsec. (e). Pub. L. 96-513 redesignated subsec. (h) as (e),

substituted ''Secretary of the Navy'' for ''President'', and struck

out former subsec. (e) which provided that the number of persons

appointed in the Regular Navy under this section in grades above

chief warrant officer, W-4, could not exceed the difference between

the actual number of officers on the active list of the Navy in the

line or in the staff corps concerned and the authorized number of

such officers.

Subsecs. (f) to (h). Pub. L. 96-513 redesignated subsecs. (f),

(g), and (h) as (b), (c), and (e), respectively.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of Defense of authority vested in

President by section 3c(g) of former Title 34, see Ex. Ord. No.

10621, July 1, 1955, 20 F.R. 4759, set out as a note under section

301 of Title 3, The President.

-MISC5-

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 532, 631, 632, 633, 5589,

6221, 6383 of this title.

-CITE-

10 USC Sec. 5597 to 5599 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5597 to 5599. Repealed. Pub. L. 96-513, title III, Sec. 327,

Dec. 12, 1980, 94 Stat. 2894)

-MISC1-

Section 5597, acts Aug. 10, 1956, ch. 1041, 70A Stat. 330; Sept.

7, 1962, Pub. L. 87-649, Sec. 5(a), 14c(28), 76 Stat. 493, 501;

Sept. 28, 1971, Pub. L. 92-129, title VI, Sec. 603(a), 85 Stat.

362, authorized temporary appointments in Navy and Marine Corps in

times of war or national emergency. See section 603 of this title.

Section 5598, act Aug. 10, 1956, ch. 1041, 70A Stat. 331,

authorized temporary appointments in Naval Reserve and Marine Corps

Reserve in times of war or national emergency. See section 603 of

this title.

Section 5599, act Aug. 10, 1956, ch. 1041, 70A Stat. 331,

provided that the President alone could make appointments for

temporary service in Medical Corps in grade of lieutenant (junior

grade). See section 603 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 5600 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5600. Repealed. Pub. L. 104-106, div. A, title XV, Sec.

1501(c)(26), Feb. 10, 1996, 110 Stat. 499)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(121)(A), Sept. 2, 1958, 72

Stat. 1494; amended Pub. L. 86-559, Sec. 1(41), June 30, 1960, 74

Stat. 273; Pub. L. 90-179, Sec. 5(4), Dec. 8, 1967, 81 Stat. 548;

Pub. L. 96-513, title III, Sec. 328, Dec. 12, 1980, 94 Stat. 2895;

Pub. L. 97-22, Sec. 6(c), July 10, 1981, 95 Stat. 130; Pub. L.

98-94, title X, Sec. 1007(c)(4), Sept. 24, 1983, 97 Stat. 662; Pub.

L. 100-180, div. A, title VII, Sec. 714(c), Dec. 4, 1987, 101

Stat. 1113; Pub. L. 102-190, div. A, title XI, Sec. 1131(8)(A),

Dec. 5, 1991, 105 Stat. 1506; Pub. L. 103-160, div. A, title V,

Sec. 509(c), Nov. 30, 1993, 107 Stat. 1648, related to service

credit upon original appointment as commissioned officer in Naval

Reserve or Marine Corps Reserve. See section 12207 of this title.

EFFECTIVE DATE OF REPEAL

Section 1501(c)(26) of Pub. L. 104-106 provided that the repeal

made by that section is effective on the effective date specified

in section 1691(b)(1) of Pub. L. 103-337, set out as an Effective

Date note under section 10001 of this title.

-CITE-

10 USC Sec. 5601 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 539 - ORIGINAL APPOINTMENTS

-HEAD-

(Sec. 5601. Repealed. Pub. L. 89-609, Sec. 1(10), Sept. 30, 1966,

80 Stat. 853)

-MISC1-

Section, added Pub. L. 85-861, Sec. 1(121)(A), Sept. 2, 1958, 72

Stat. 1495, authorized appointment of men in the Naval Reserve in

the Nurse Corps.

-CITE-