(a)Original appointments as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section
5150(b) of this title and designated by the Secretary for the purposes of this section may be made from—
(2)chief petty officers; and
(3)first-class petty officers;
in the Regular Navy, for the performance of duty in the technical fields indicated by their warrants or ratings.
(b)Original appointments as regular officers of the Marine Corps in a grade below major may be made from—
(2)master sergeants; and
in the Regular Marine Corps, for the performance of duty in the technical fields in which they are proficient.
(1)An officer described in paragraph (2) may be given an original appointment as a regular officer of the Navy or the Marine Corps, as the case may be, in the grade, and with the date of rank in that grade, in which the officer is serving on the day before such original appointment.
(2)This subsection applies to an officer of the Navy and Marine Corps who—
(A)is on the active-duty list;
(B)holds a permanent enlisted or warrant officer grade;
(C)is designated for limited duty under subsection (a) ofsection
5596 of this title; and
(D)is serving in the grade of lieutenant commander or commander, or in the grade of major or lieutenant colonel, under a temporary appointment under subsection (d) ofsection
5596 of this title.
(d)To be eligible for an appointment under this section a member must have the qualifications specified in section
532(a) of this title and have completed at least 10 years of active naval service, excluding active duty for training in a reserve component.
(e)Each officer appointed under this section is known as an officer designated for limited duty. He may not suffer any reduction in the pay and allowances to which he was entitled at the time of his appointment because of his former permanent status.
(f)Any officer designated for limited duty, upon his application and upon determination by the Secretary of the Navy that he is qualified, may—
(1)if he is in the line of the Navy, be designated for engineering duty, aeronautical engineering duty, or special duty, or be assigned to unrestricted performance of duty;
(2)if he is in a staff corps of the Navy, be assigned to unrestricted performance of duty in that corps; or
(3)if he is in the Marine Corps, be assigned to unrestricted performance of duty.
When an officer is so designated or assigned, his status as an officer designated for limited duty terminates.
(g)The Secretary shall prescribe regulations for the appointment, designation, and assignment of officers under this section.
34 U.S.C. 211c ((a) (less statement of appointing authority), and less (e)–(h)).
Aug. 7, 1947, ch. 512, § 404 ((a) (less statement of appointing authority), and less (e)–(h)), 61 Stat. 870; Aug. 5, 1949, ch. 402, § 1(f), 63 Stat. 568.
In subsections (a) and (b) the authority to make appointments under this section is confined to appointments in the grades of ensign and second lieutenant, since the authority in the source statute to make appointments in higher grades was limited and has been completely executed. The words “commissioned warrant officers” are omitted as surplusage, since the term “warrant officers” includes commissioned warrant officers.
The word “male” is inserted to limit the application of the section to men. Authority to appoint women is covered in § 5590 of this title.
1994—Subsecs. (c) to (g). Pub. L. 103–337added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
1980—Subsec. (a). Pub. L. 96–513, § 325(1), substituted “as regular officers of the Navy in a grade below lieutenant commander in the line and in staff corps established by the Secretary of the Navy under section
5155(b) of this title and designated by the Secretary for the purposes of this section may be made from” for “to the active list of the Navy in the grade of ensign in the line, in the Supply Corps, and in the Civil Engineer Corps may be made from male”.
Subsec. (b). Pub. L. 96–513, § 325(2), substituted “as regular officers of the Marine Corps in a grade below major may be made from” for “to the active list of the Marine Corps in the grade of second lieutenant may be made from male”.
Subsec. (c). Pub. L. 96–513, § 325(3), inserted “the qualifications specified in section
532(a) of this title and have”.
1961—Subsec. (e)(3). Pub. L. 87–123struck out “be designated for supply duty or” before “be assigned to”.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513effective on Dec. 12, 1980, see section 701 ofPub. L. 96–513, set out as a note under section
101 of this title.
Transition Provisions Under Defense Officer Personnel Management Act
For provisions relating to Regular Navy or Regular Marine Corps officers designated as limited-duty officers under this section prior to September 15, 1981, see section 616 ofPub. L. 96–513, set out as a note under section
611 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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