§5665 . Naval Reserve and Marine Corps Reserve: active status officers in permanent grades above chief warrant officer, W–5

(a) While in the grade of lieutenant (junior grade) or in a higher grade, each officer in an active status in the Naval Reserve who is not on an active-duty list has a running mate of the same grade from the active-duty list who shall be assigned under regulations prescribed by the Secretary of the Navy.

(b) While in the grade of first lieutenant or a higher grade, each officer in an active status in the Marine Corps Reserve who is not on an active-duty list has a running mate of the same grade from the active-duty list who shall be assigned under regulations prescribed by the Secretary of the Navy.

(Added Pub. L. 85–861, §1(125)(A), Sept. 2, 1958, 72 Stat. 1496 ; amended Pub. L. 96–513, title III, §332, Dec. 12, 1980, 94 Stat. 2897 ; Pub. L. 102–190, div. A, title XI, §1131(8)(A), Dec. 5, 1991, 105 Stat. 1506 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5651 of this title.

In subsection (d), the words "except an officer in the Nurse Corps or an officer appointed under section 5581 of this title" are inserted because these officers, although of the female sex, are not "women officers" within the meaning of the Reserve Officer Personnel Act of 1954. Several sections of the source statute contain separate provisions for women officers and for officers of the Nurse Corps Reserve, and section 405(a) recognizes the fact that the latter, like Regular Navy nurses, have lineal list line officers (all of whom are male) as running mates. The legislative history of the source statute and its amendments shows clearly that "women officers" and "officers of the Nurse Corps Reserve" were considered as two distinct categories. "Officers appointed under section 5581 of this title" constitute an additional category. There is no indication in the legislative history of the source statute that Congress had any intention to supersede, as to Reserves, the act of June 24, 1952, ch. 457 (66 Stat. 155; 34 U.S.C. 21e) (codified in section 5581 of this title). That act made applicable to women all laws authorizing the appointment of men as officers in the Medical, Dental, and Medical Service Corps, and provided that all laws relating to male officers in these corps should also apply to women. Accordingly, women appointed in the Regular Navy pursuant to that act have male line officers as running mates and are considered for promotion with their male contemporaries. To provide the same treatment for women appointed in the Naval Reserve in these corps, it is necessary to exclude them from the provisions of the Reserve Officer Personnel Act of 1954 relating to "women officers". Throughout the latter act, it is apparent that Congress intended reserve officers in each category to be administered in a manner as similar as possible to the administration of regular officers in the same category.

Amendments

1991-Pub. L. 102–190 substituted "W–5" for "W–4" in section catchline.

1980-Subsec. (a). Pub. L. 96–513 struck out "in which initially appointed" after "or in a higher grade", substituted "Naval Reserve who is not on an active-duty list has a running mate of the same grade from the active-duty list who shall be assigned under regulations prescribed by the Secretary of the Navy" for "Naval Reserve shall have a running mate of the same grade", and struck out provisions that the running mate be the officer not restricted in the performance of duty on the lineal list of line officers of the Navy who is next junior to the reserve officer.

Subsec. (b). Pub. L. 96–513 substituted "or a higher grade" for "or in a higher grade in which initially appointed", substituted "Marine Corps Reserve who is not on an active-duty list has a running mate of the same grade from the active-duty list who shall be assigned under regulations prescribed by the Secretary of the Navy" for "Marine Corps Reserve shall have a running mate of the same grade", and struck out provision that the running mate be the officer not restricted in the performance of duty on the active list of the Marine Corps who is next junior to the reserve officer.

Subsecs. (c) to (e). Pub. L. 96–513 struck out subsecs. (c) to (e) which provided, respectively, that the running mate be assigned in accordance with the principles prescribed elsewhere in chapter 541, that the running mates of women officers in the Naval Reserve and Marine Corps Reserve be the woman officer on the active list in the line of the Navy and Marine Corps Reserve next junior to her, and that reserve officers assigned running mates under laws in effect before July 1, 1955, continue to have that running mate unless assigned a new one under subsection (c).

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.

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.

Section Referred to in Other Sections

This section is referred to in section 123 of this title.