Application: sections 5442, 5443, 5444

§ 5446. Application: sections 5442, 5443, 5444 (a) Sections 5442, 5443, and 5444 of this title are applicable only when the number of officers serving on active duty in the grade of 307 ensign and above in the line of the Navy exceeds the number of officers on the active list in the line of the Navy. (b) Sections 5442, 5443, and 5444 of this title do not apply to— (1) women officers appointed under section 5590 of this title; (2) women reserve officers, other than reserve officers in the Nurse Corps and other than reserve officers appointed under section 5581 of this title; (3) retired officers; (4) officers of the Naval Reserve and the Marine Corps Reserve assigned to active duty for training; (5) officers of the Naval Reserve and the Marine Corps Reserve ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Naval Reserve or the Marine Corps Reserve; or (6) officers of the Naval Reserve and the Marine Corps Reserve ordered to temporary active duty for the purpose of prosecuting special work. (c) Officers listed in subsection (b) are not counted as officers serving on active duty for the purpose of subsection (a) or for the purpose of sections 5442, 5443, and 5444 of this title.