Navy and Marine Corps: temporary appointments in time of war or national emergency

§ 5597. Navy and Marine Corps: temporary appointments in time of war or national emergency (a) Temporary appointments may be made under this section only in time of war or during a national emergency declared by the President. (b) Temporary appointments in the Regular Navy in grades not above lieutenant and in the Regular Marine Corps in grades not above captain may be made from— (1) warrant officers of the Regular Navy and the Regular Marine Corps, respectively, including retired members on active duty; (2) chief and first-class petty officers of the Regular Navy and master, technical, and staff sergeants of the Regular Marine Corps, respectively, including retired members on active duty; and (3) chief and first-class petty officers of the Fleet Reserve and master, technical, and staff sergeants of the Fleet Marine Corps Reserve, respectively, on active duty. (c) Temporary appointments in the Naval Reserve in grades not above lieutenant and in the Marine Corps Reserve in grades not above captain may be made from— (1) warrant officers of the Naval Reserve and the Marine Corps Reserve, respectively, on active duty; and (2) chief and first-class petty officers of the Naval Reserve and master, technical, and staff sergeants of the Marine Corps Reserve, respectively, on active duty. (d) Temporary appointments in warrant officer grades under this section shall be made by the Secretary of the Navy under such regulations as he prescribes. Such appointments shall be made by warrant if in the grade of warrant officer, W–1, or by commission if in a higher warrant officer grade. (e) Temporary appointments under this section in grades above chief warrant officer, W–4, shall be made under regulations prescribed by the President and in such numbers as he determines the needs of the service require. Such appointments shall be made by the President alone, except that appointments under subsections (f) and (g) in grades above captain in the Navy shall be made by the President, by and with the advice and consent of the Senate. The grade of commodore is established for the purposes of subsections (f) and (g). (f) Temporary appointments in a staff corps and in the line or in a different staff corps of the Regular Navy may be made from retired officers of the Regular Navy in the line and staff corps, respectively, who are on active duty. Each officer appointed under this subsection shall be appointed in the grade in which he was serving at the time of appointment. (g) Temporary appointments in a staff corps and in the line or in a different staff corps of the Naval Reserve may be made from retired officers of the Naval Reserve in the line and staff corps, respectively, who are on active duty. Each officer appointed under this subsection shall be appointed in the grade in which he was serving at the time of appointment. 331 (h) Temporary appointments under this section do not change the permanent, probationary, or acting status of members so appointed, prejudice them in regard to promotion or appointment, or abridge their rights or benefits. A person receiving a temporary appointment under this section may not suffer any reduction in the pay and allowances to which he was entitled because of his permanent status at the time of his temporary appointment, or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade. (i) Each temporary appointment under this section, unless expressly declined, is, without formal acceptance or oath of office, regarded as accepted on the date made, and the member so appointed is entitled to the pay and allowances of the grade to which appointed from that date. (j) Temporary appointments under this section are effective for such periods as the President determines. However, no such appointment may be effective later than— (1) six months after the end of the war or national emergency; or (2) the date the appointee is released from active duty; whichever is earlier. (k) When his temporary appointment under this section is terminated, each member of the naval service on active duty shall have the grade he would hold if he had not received any such appointment.