Page:United States Statutes at Large Volume 70A.djvu/387

329 a category covered by subsection (g) are not considered as officers on active duty for the purpose of this section. (b) 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 may be made from— (1) warrant officers of the Regular Navy and the Regular Marine Corps, respectively; and (2) chief and first-class petty officers of the Regular Navy and master, technical, and staff sergeants of the Regular Marine G©«ps, respectively. (c) 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 may be made from— (1) warrant officers of the Naval Reserve and the Marine Corps Reserve, respectively, on active duty; and (2) chief and first-class petty officers of the Naval Reserve and master, technical, and staff sergeants of the Marine Corps Reserve^ respectively, on active duty. (d) Temporary appointments in warrant officer grades under this section shall be made by the Secretary of the Navy under such regulations as he prescribes. Such appointments shall be made by warrant if in the grade of warrant officer, W-1, or by commission if in a higher warrant officer grade. (e) The number of persons appointed in the Regular Navy under this section in grades above chief warrant officer, W-4, may 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. The number of persons so appointed in the Regular Marine Corps under this section in grades above chief warrant officer, W-4, may not exceed the difference between the actual number of officers on the active list of the Marine Corps and the authorized number of such officers. (f) 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. (g) The following members of the naval service are ineligible for temporary appointments under this section: (1) Women members. (2) Retired members. (3) Members of the Naval Reserve and the Marine Corps Reserve ordered to active duty for training. (4) 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. (5) Members of the Naval Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.

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