§5902 . Promotion lists; eligibility for promotion; date of rank

(a) Officers of the Naval Reserve and the Marine Corps Reserve who are recommended for promotion in the report of a selection board convened under this chapter are considered as selected for promotion upon approval of the report by the President. The names of these officers shall be placed on the promotion list for officers of their grade.

(b) An officer of the Naval Reserve whose name is on a promotion list established under this section is eligible for promotion to the grade for which selected when the officer who is to be his running mate in the higher grade becomes eligible for promotion under chapter 36 of this title. When promoted, he shall be given the same date of rank as that given to his running mate in the grade to which promoted.

(c) An officer of the Marine Corps Reserve whose name is on a promotion list established under this chapter is eligible for promotion to the grade for which selected when the officer who is to be his running mate in the higher grade becomes eligible for promotion under chapter 36 of this title. When promoted, he shall be given the same date of rank as that given to his running mate in the grade to which promoted.

(d) The promotion of an officer of the Naval Reserve or the Marine Corps Reserve who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed by the Secretary of the Navy until the investigation or proceedings are completed. However, the promotion of an officer may not be delayed under this subsection for more than one year after the date he is selected for promotion unless the Secretary determines that a further delay is necessary in the public interest.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1504 ; amended Pub. L. 86–559, §1(43), June 30, 1960, 74 Stat. 274 ; Pub. L. 89–731, §§3–5, Nov. 2, 1966, 80 Stat. 1160 ; Pub. L. 96–513, title V, §503(37), 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Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Section 406 of the Reserve Officer Personnel Act of 1954 (50 U.S.C. 1306) makes applicable to reserve officers on a promotion list the laws relating to promotion and eligibility for promotion of regular officers on a promotion list, except that non-lineal-list officers in the line of the Naval Reserve and non-lineal-list officers of the Marine Corps Reserve, instead of being promoted to fill vacancies in the higher grade, are promoted when their lineal-list contemporaries are promoted. Staff corps officers, both in the Regular Navy and in the Naval Reserve, are promoted with their running mates. Provisions relating to the eligibility for promotion of regular and lineal-list staff corps officers are codified in sections 5773 and 5774 of this title.

Officers of the Marine Corps Reserve not on a lineal list have regular officers as running mates. It is possible for a number of lineal-list reserve officers to rank below a non-lineal-list Reserve and above his running mate. In such a case, the non-lineal-list Reserve's eligibility for consideration for promotion and for promotion is made to depend not on his running mate, but on the lineal-list Reserve next junior to him (sections 405 and 406 of the Reserve Officer Personnel Act of 1954 (50 U.S.C. 1305, 1306)). The result is the same as that produced in the Navy by assigning lineal-list officers as running mates of non-lineal-list Reserves, but differences in phraseology are required to describe the process.

Women officers of the Naval Reserve and the Marine Corps Reserve (except officers in the Nurse Corps and officers appointed under section 5581 of this title) have women regular officers as running mates. However, there are no women line officers of the Naval Reserve and no women officers of the Marine Corps Reserve on the lineal lists, since section 215 of the Women's Armed Services Integration Act of 1948 (34 U.S.C. 105j) made Title III of the Officer Personnel Act of 1947 inapplicable to such women officers. The problem of tying a woman reserve officer's eligibility for promotion to someone other than her running mate does not, therefore, exist either in the Navy or in the Marine Corps.

Amendments

1980-Subsecs. (b), (c). Pub. L. 96–513 substituted "chapter 36" for "chapter 545".

1966-Subsec. (c). Pub. L. 89–731, §3, substituted provision incorporating the substance of former subsec. (d) as adapted for application to both male and female officers of the Marine Corps Reserve for provisions establishing separate procedures for male officers based upon placement of the officer's running mate or selected officer on the lineal list junior to his running mate in or above the promotional zone.

Subsecs. (d), (e). Pub. L. 89–731, §§4, 5, redesignated subsec. (e) as (d) and repealed former subsec. (d) which as adapted for application to both male and female officers of the Marine Corps Reserve. See subsec. (c).

1960-Subsec. (e). Pub. L. 86–559 added subsec. (e).

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 section 123 of this title.