Regular Navy and Regular Marine Corps: from graduates of the Naval Academy

§ 5573. Regular Navy and Regular Marine Corps: from graduates of the Naval Academy (a) Upon graduation from the Naval Academy, a midshipman may be appointed— (1) an ensign on the active list of the Navy in the line or in an appropriate staff corps; or (2) a second lieutenant on the active list of the Marine Corps. An appointment under this section is effective from the date of graduation of the appointee. (b) Appointments may be made in the line of the Navy under this section irrespective of vacancies, and the authorized strength of the active list of the Navy in line officers may be temporarily exceeded by the number of these appointees in excess. The number of officers in excess shall be excluded from any computation made for the purpose of determining the number of line officers prescribed for any grade. Appointments in the Marine Corps or in a staff corps under this section may be made only to fill vacancies.