10 USC 5908: Ensigns; second lieutenants
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10 USC 5908: Ensigns; second lieutenants 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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§5908 . Ensigns; second lieutenants

(a) An ensign in the Naval Reserve or a second lieutenant in the Marine Corps Reserve is eligible for promotion to the grade of lieutenant (junior grade) or first lieutenant, as appropriate, upon completing three years of service in grade in an active status computed from his date of rank in the grade of ensign or second lieutenant.

(b) The Secretary of the Navy may withhold from promotion any officer who is otherwise eligible for promotion under this section but who has failed to meet the requirements for promotion prescribed by the Secretary.

(Added Pub. L. 85–861, §1(133), Sept. 2, 1958, 72 Stat. 1506 ; amended Pub. L. 87–649, §14c(34), Sept. 7, 1962, 76 Stat. 501 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 5891 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
5908 50:1305(c), (d) (1st sentence, as applicable to (c)). Sept. 3, 1954, ch. 1257, §405(c), (d) (1st sentence, as applicable to (c)), 68 Stat. 1168 .
  50:1306 (less exceptions). Sept. 3, 1954, ch. 1257, §406 (less exceptions), 68 Stat. 1168 .

The statement as to pay and allowances is derived from the law relating to regular officers. That law is codified in section 5788 of this title.

Amendments

1962-Subsec. (a). Pub. L. 87–649 repealed sentence which related to entitlement to pay and allowances of the higher grade for duty performed from the date given as his date of rank. See section 905 of Title 37, Pay and Allowances of the Uniformed Services.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Section Referred to in Other Sections

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