10 USC 5892: Numbers that may be promoted

10 USC 5892: Numbers that may be promoted Text contains those laws in effect on January 4, 1995

From Title 10-ARMED FORCESSubtitle C-Navy and Marine CorpsPART II-PERSONNELCHAPTER 549-RESERVE PROMOTIONS

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§5892. Numbers that may be promoted

Each year the Secretary of the Navy shall prescribe the number of officers in each grade in the Naval Reserve and the Marine Corps Reserve that may be promoted in that year to the next higher grade under this chapter. He shall prescribe for each grade the number that he determines to be necessary to provide-

(1) equitable opportunity for promotion among succeeding groups of reserve officers; and

(2) an adequate continuing strength of reserve officers in an active status.

However, the Secretary may not prescribe numbers that will cause the number of reserve officers in an active status holding permanent appointments in any grade to exceed the number authorized for that grade in section 5457 ¹ or section 5458 ¹ of this title. With respect to the numbers of reserve officers in the staff corps that may be promoted, the Secretary shall prescribe numbers that will cause the relationship between line and staff corps officers in an active status in the Naval Reserve to conform to that established by the Secretary for regular line and staff corps officers on the active-duty list under other provisions of this title.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1500 ; amended Pub. L. 96–513, title V, §503(33), Dec. 12, 1980, 94 Stat. 2914 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
5892	50:1181(3). 50:1301(b)(2). 50:1302(d). 50:1302(d). 50:1303 (2d sentence).	Sept. 3, 1954, ch. 1257, §§102(3), 401(b)(2), 402(d), 403 (2d sentence), 68 Stat. 1149 , 1166, 1167.

References in Text

Sections 5457 and 5458 of this title, referred to in text, were repealed by Pub. L. 103–337, div. A, title XVI, §1662(a)(3), Oct. 5, 1994, 108 Stat. 2988 . See sections 12004 and 12005 of this title.

Amendments

1980-Pub. L. 96–513 substituted "established by the Secretary for regular line and staff corps officers on the active-duty list under other provisions of this title" for "prescribed for line and staff corps officers on the active list of the Navy".

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.

Section Referred to in Other Sections

This section is referred to in sections 123, 5901 of this title.

¹ See References in Text note below.