Page:United States Statutes at Large Volume 70A.djvu/421

363 § 5781. Regular Navy; staff corps officers: permanent promotion to grade of rear admiral (a) The President may fill vacancies in the grade of rear admiral in any staff corps of the Regular Navy, as determined by computations under section 5449 of this title, by making permanent appointments in that grade from officers on the active list in the corps concerned who— (1) have been temporarily promoted to the grade of rear admiral under the preceding sections of this chapter; or (2) are on the promotion list for promotion to the grade of rear admiral under the preceding sections of this chapter. (b) 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 of rear admiral, in the order in which their names appear on the promotion list for promotion to that grade. (c) Each officer permanently appointed in the grade of rear admiral under this section shall be given the same date of rank as his running mate if his running mate has been permanently appointed in that grade. If his running mate has not been permanently appointed in the grade of rear admiral, the staff corps officer shall be given, as his interim date of rank, the date of rank stated in his temporary commission. When his running mate is permanently appointed in the grade of rear admiral, the staff corps officer shall be given the same date of rank as that given to his running mate. § 5782. Regular Navy; staff corps officers: permanent promotion to grades below rear admiral (a) Permanent appointments may be made in any grade below rear admiral in any staff corps of the Regular Navy from officers on the active list in the corps concerned who— (1) have been temporarily promoted to the grade concerned 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) A staff corps officer whose running mate is on the active list of the Navy may be permanently appointed in a grade under this section when his running mate is permanently appointed in that grade under section 5780 of this title. A staff corps officer so appointed is considered as appointed simultaneously with his running mate and he shall be given the same date of rank as his running mate. A staff corps officer whose running mate is not on the active list of the Navy may be permanently appointed in a grade under this section when the most senior of those male line officers on the active list who are junior to his running mate is permanently appointed in that grade under section 6780 of this title. A staff corps officer so appointed is considered as appointed simultaneously with that line officer and he shall be given the same date of rank as that line officer. (c) If a staff corps officer is on a promotion list for promotion under the preceding sections of this chapter and his running mate in the grade in which he is serving is not on such a promotion list, the nne officer who is to be the running mate of the staff corps officer in the next higher grade is considered to be his running mate for the purpose of subsection (b).

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