Regular Navy and Regular Marine Corps: from warrant officers and enlisted members

§ 5586. Regular Navy and Regular Marine Corps: from warrant officers and enlisted members (a) Original appointments may be made— (1) to the active list of the Navy in the line or in any staff corps, except the Medical Service Corps and the Nurse Corps, in grades not above lieutenant from male warrant officers and chief petty officers of the Regular Navy who, by June 30 of the calendar year in which appointed, will have completed at least three years of service in the Regular Navy in the grade of chief petty officer or above; and (2) to the active list of the Marine Corps in grades not above captain from male warrant officers of the Regular Marine Corps 325 who, by June 30 of the calendar year in which appointed, will have completed at least three years of service in the Regular Marine Corps in the grade of warrant officer, W–1, or above. To be eligible for appointment under this subsection to the grade of lieutenant, lieutenant (junior grade), or ensign on the active list of the Navy or captain, first lieutenant, or second lieutenant on the active list of the Marine Corps, members must be under 40, 35, and 32 years of age, respectively, on June 29 of the calendar year in which they are to be appointed. (b) Original appointments to the active list of the Navy in the line and in any appropriate staff corps in the grade of ensign may be made from male enlisted members of the Regular Navy. To be eligible for such an appointment a member must be under 33 years of age on the date of appointment and must have had at least four years of continuous service, immediately preceding the date of his appointment, in the Regular Navy. (c) Before he may be appointed under this section, a member must apply for appointment, must be recommended by a commanding officer under whom he has served in the grade he holds at the time he applies, and, under regulations prescribed by the Secretary of the Navy, must establish his qualifications by— (1) recommendation of a naval examining board that he is mentally, morally, and professionally qualified; and (2) finding of a board of medical examiners that he is physically qualified. A member who twice fails to establish his qualifications is ineligible for appointment under this section. (d) Each appointment under subsection (a) shall be in the grade for which the member applies and for which he is found qualified. (e) Each officer appointed under this section in the grade of lieutenant in the line of the Navy or in the grade of captain in the Marine Corps is an additional number in that grade only and, while in that grade, becomes eligible for consideration for promotion when the officer next senior to him becomes eligible. (f) An officer appointed under this section 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 status.