§5891. Officers who may be promoted under this chapter

(a) To be eligible for consideration for promotion by a selection board convened under this chapter, or for promotion under this chapter, an officer must be in an active status in the Naval Reserve or the Marine Corps Reserve.

(b) Except as provided in subsections (c) and (d), a reserve officer who is on the active-duty list maintained under section 620 of this title is ineligible for promotion under this chapter and for consideration by a selection board convened under this chapter.

(c) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under this chapter, and who is placed on the active-duty list before he is promoted, may be promoted under this chapter, notwithstanding the fact that he is on the active-duty list at the time of promotion.

(d) A reserve officer who has been recommended for promotion in the approved report of a selection board convened under chapter 36 of this title and who is removed from the active-duty list before he is promoted may be promoted under this chapter, notwithstanding the fact that he was on the active-duty list when selected for promotion.

(e) A reserve officer whose name was furnished to a selection board convened under chapter 36 of this title, and who is removed from the active-duty list before the corresponding selection board is convened under this chapter to consider officers of his grade for promotion to the next higher grade, is ineligible for consideration by the latter board.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1499 ; amended Pub. L. 90–130, §1(20)(A), Nov. 8, 1967, 81 Stat. 379 ; Pub. L. 96–513, title V, §503(32), Dec. 12, 1980, 94 Stat. 2913 ; Pub. L. 98–525, title V, §533(e), Oct. 19, 1984, 98 Stat. 2528 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding this section.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
5891	50:1192(a). 50:1301(a). 50:1307.	Sept. 3, 1954, ch. 1257, §§202(a), 401(a), 407, 68 Stat. 1150 , 1166, 1169.

Senate and House of Representatives reports on the Reserve Officer Personnel Act of 1954 state, with reference to section 407 of the Act:

"Promotions under this title would include Reserve officers not on active duty but in an active status in the Reserve and Reserve officers on continuous active duty under the Reserve program, but Reserve officers on active duty and on the lineal list would be promoted under other law, as they are at the present time. Officers of the Naval and Marine Corps Reserve selected for promotion under any provision of law would not be penalized by virtue of a change in status with respect to active duty prior to their promotion." (Senate Report No. 2010, July 29, 1954, 83d Congress, 2d Session; House Report No. 1026, July 29, 1953, 83d Congress, 1st Session; both to accompany H.R. 6573).

For clarity, the general rule that this chapter does not cover the promotion of lineal list officers is set out in subsection (b), and the exceptions, to protect officers going on or coming off the lineal list shortly before they are due for consideration for promotion or for promotion, are covered in subsections (c), (d), and (e).

It should be noted that women officers of the Naval and Marine Corps Reserve (other than women reserve officers in the Nurse Corps and women reserve officers appointed under section 5581 of this title) may not be placed on lineal lists, considered for promotion, or promoted under title III of the Officer Personnel Act of 1947 because section 215 of the Women's Armed Services Integration Act of 1948 made title III of the Officer Personnel Act in applicable to them. These women officers, therefore, whether or not they are on active duty, are considered for promotion and promoted under the provisions of the Reserve Officer Personnel Act of 1954, codified in this chapter. Women officers in these categories may also be promoted (but only if they are on active duty) under the act of July 24, 1941, ch. 320 (55 Stat. 603, as amended; 34 U.S.C. 350–350k) (codified in section 5787 of this title). The latter act authorizes temporary promotions during war or emergency of regular and reserve officers on active duty.

Amendments

1984-Subsec. (c). Pub. L. 98–525 substituted "the active-duty list" for "a lineal list" in two places.

1980-Subsec. (b). Pub. L. 96–513, §503(32)(A), substituted "Except as provided in subsections (c) and (d), a reserve officer who is on the active-duty list maintained under section 620" for "Except as provided in subsections (c), (d), and (e), a reserve officer who is on the lineal list maintained under section 5504".

Subsec. (c). Pub. L. 96–513, §503(32)(B), redesignated subsec. (d) as (c). Former subsec. (c), providing that a reserve officer who was eligible for consideration for promotion by a selection board convened under chapter 543 of this title, but whose name was not furnished to that board, could be considered by the corresponding selection board convened under this chapter to consider officers of his grade for promotion to the next higher grade and could be promoted under this chapter even though he was on a lineal list at the time of his selection and promotion, was struck out.

Subsec. (d). Pub. L. 96–513, §503(32)(B)–(D), redesignated subsec. (e) as (d) and substituted "chapter 36 of this title" for "chapter 543 of this title" and "the active-duty list" for "the lineal list" and "a lineal list". Former subsec. (d) redesignated (c).

Subsecs. (e), (f). Pub. L. 96–513, §503(32)(B)–(D), redesignated subsec. (f) as (e) and substituted "chapter 36 of this title" for "chapter 543 of this title" and "the active-duty list" for "the lineal list". Former subsec. (e) redesignated (d).

Subsec. (g). Pub. L. 96–513, §503(32)(B), struck out subsec. (g) which provided that, for purposes of this section, a woman officer who was eligible for consideration for promotion by a selection board convened under chapter 543 of this title would be considered to be on a lineal list.

1967-Subsec. (g). Pub. L. 90–130 added subsec. (g).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Promotion of Officers of Naval Reserve and Marine Corps Reserve Selected for Promotion Before July 1, 1955

Section 25 of Pub. L. 85–861 provided that officers of Naval Reserve and Marine Corps Reserve who were selected for promotion before July 1, 1955, under regulations could be promoted under this chapter, with the date of rank and entitlement to pay and allowances prescribed by this chapter.

Section Referred to in Other Sections

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