Page:United States Statutes at Large Volume 72 Part 1.djvu/1549

 72

STAT.]

PUBLIC LAW 85-86 1 - S E P T. 2, 1958

1507

list of the Marine Corps are being promoted with less than three years of service in that grade. "(c) Promotions under subsections (a) and (b) may be made in such numbers as the Secretary prescribes. " (d) In the regulations prescribed by him for the promotion of reserve officers under subsections (a) and (b), the Secretary shall provide for equality of opportunity for consideration for promotion among officers of the Naval Reserve and among officers of the Marine Corps Reserve, respectively. "Notwithstanding any other provision of law, the promotion of a reserve officer under this chapter shall be made by a temporary appointment if the promotion of his running mate is made by a temporary appointment. If the running mate's temporary appointment is terminated for reasons other than disciplinary and he reverts to a lower grade, the temporary appointment of the reserve officer shall also be terminated and the reserve officer reverts to the same lower grade in the same manner as his running mate and with corresponding rank. If the running mate is permanently appointed in the grade in which he is serving under a temporary appointment, the reserve officer may be permanently appointed in the grade in which he is serving under a temporary appointment. "§ 5912. Appointing power "Permanent and temporary appointments under this chapter in grades above captain in the Naval Reserve and in grades above colonel in the Marine Corps Reserve shall be made by the President, by and with the advice and consent of the Senate. All other permanent and temporary appointments under this chapter shall be made by the President alone." (134) The chapter analysis of subtitle C and the chapter analysis of part II of subtitle C are amended by inserting the following item: "549. Reserve Promotions 5891" (135) The analysis of chapter 555 is amended by striking out the lo u s c eoiifollowing item: "6016. Retired officers carried on Navy Register." (136) Chapter 559 is amended by striking out the following item 6i\*i»^ ^ ^ ^'^*" in the analysis: "6115. Drill pay; uniform gratuity: time limit for filing claims." (137) Section 6148 is amended— lo use 6i48. (A) by amending subsection (b) by inserting the words "under section 270(b) of this title" after the words "other than active duty for training"; (B) by amending subsection (c) to read as follows: "(c) Subsections (a) and (b) do not authorize the hospitalization of dependents of members of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve."; and (C) by amending subsection (e) to read as follows: "(e) If a person is entitled to benefits under subsection (a) or (b) and under— "(1) section 6327 of this title; or lo use 6327. "(2) the Act of.June 23, 1937, ch. 376 (50 Stat. 305); '^ '''• ' he must elect the provision that is to be applied to him." (138) Section 6151(a) is amended to read as follows: louseeisi. " (a) Unless otherwise entitled to a higher retired grade, each member, other than a retired member, of the Navy or the Marine Corps shall, when retired, be advanced on the retired list to the highest officer
 * § 5911. Promotions: temporary; permanent

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