Laws: Cases and Codes : U.S. Code : Title 10 : Section 5721


   
U.S. Code as of: 01/19/04
Section 5721. Temporary promotions of certain Navy lieutenants

      (a) Promotion Authority for Certain Officers With Critical
    Skills. - An officer in the line of the Navy in the grade of
    lieutenant who - 
        (1) has a skill in which the Navy has a critical shortage of
      personnel (as determined by the Secretary of the Navy); and
        (2) is serving in a position (as determined by the Secretary of
      the Navy) which (A) is designated to be held by a lieutenant
      commander, and (B) requires that an officer serving in such
      position have the skill possessed by such officer,

    may be temporarily promoted to the grade of lieutenant commander
    under regulations to be prescribed by the Secretary of the Navy.
    Appointments under this section shall be made by the President, by
    and with the advice and consent of the Senate.
      (b) Status of Officers Appointed. - (1) An appointment under this
    section does not change the position on the active-duty list or the
    permanent, probationary, or acting status of the officer so
    appointed, prejudice the officer in regard to other promotions or
    appointments, or abridge the rights or benefits of the officer.
      (2) For the purposes of section 523 of this title, an officer
    holding an appointment under this section is considered as serving
    in the grade of lieutenant commander.
      (c) Board Recommendation Required. - A temporary promotion under
    this section may be made only upon the recommendation of a board of
    officers convened by the Secretary of the Navy for the purpose of
    recommending officers for such promotions.
      (d) Acceptance and Effective Date of Appointment. - Each
    appointment under this section, unless expressly declined, is,
    without formal acceptance, regarded as accepted on the date such
    appointment is made, and a member so appointed is entitled to the
    pay and allowances of the grade of lieutenant commander from the
    date the appointment is made.
      (e) Termination of Appointment. - Unless sooner terminated, an
    appointment under this section terminates - 
        (1) on the date the officer who received the appointment is
      promoted to the permanent grade of lieutenant commander; or
        (2) on the date the officer is detached from a position
      described in subsection (a)(2), unless the officer is on a
      promotion list to the permanent grade of lieutenant commander, in
      which case the appointment terminates on the date the officer is
      promoted to that grade.

      (f) Limitation on Number of Eligible Positions. - An appointment
    under this section may only be made for service in a position
    designated by the Secretary of the Navy for purposes of this
    section. The number of positions so designated may not exceed 325.



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