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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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