Page:United States Statutes at Large Volume 70A.djvu/420

362 362 his name shall be placed on the promotion list without prejudice and, if he is promoted, he shall have the same lineal position and date of rank that he would have had if his name had not been removed. However, if the officer is not recommended for promotion in the approved report of the next selection board, or if he is so recommended but the President removes his name from the promotion list or the Senate rejects his appointment, he is considered for all purposes as having twice failed of selection for promotion. § 5778. Promotions under preceding sections: temporary; permanent Promotions under the preceding sections of this chapter of women officers appointed under section 5590 of this title shall be made by permanent appointments. Promotions of all other officers under the preceding sections of this chapter shall be made by— (1) temporary appointments when sections 5442,5443, and 5444 of this title are applicable; and (2) permanent appointments when sections 5442,5443, and 5444 of this title are inapplicable. § 5779. Temporary promotions: termination The President may terminate any temporary appointment made under the preceding sections of this chapter. § 5780. Regular Navy, male line officers; Regular Marine Corps, male officers: permanent promotion (a) The President may fill vacancies in any grade in the line of the Regular Navy, as determined by computations under section 5447 of this title, by making permanent appointments in that grade from officers on the active list in the line of the Navy who— (1) have been temporarily promoted to that grade under the preceding sections of this chapter; or (2) are on the promotion list for promotion to that grade under the preceding sections of this chapter. (b) The President may fill vacancies in any grade in the Regular Marine Corps, as determined by computations under section 5448 of this title, by making permanent appointments in that grade from officers on the active list of the Marine Corps who— (1) have been temporarily promoted to that grade under the preceding sections of this chapter; or (2) are on the promotion list for promotion to that grade under the preceding sections of this chapter. (c) An officer may not be permanently appointed under this section in the grade of captain in the Navy or colonel in the Marine Corps before the fiscal year in which he and all officers senior to him on the lineal list will have completed 18 years of total commissioned service as computed under section 6387 of this title. (d) Officers shall be permanently appointed under this section in the order of their lineal position or, if they have not been temporarily appointed in the grade concerned, in the order in which their names appear on the promotion list for that grade.

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