Suspension and exceptions: preceding sections

§ 5711. Suspension and exceptions: preceding sections (a) The President may suspend any provision of the preceding sections of this chapter relating to officers serving in the grades of lieutenant and lieutenant (junior grade) in the Navy, other than women officers appointed under section 5590 of this title, or relating to male officers serving in the grades of captain and first lieutenant in the Marine Corps during any period when— (1) the number of male officers serving on active duty in the grade of ensign and above in the line of the Navy exceeds the number of male officers on the active list in the line of the Navy; and (2) he determines that the needs of the service so require. (b) During a war or national emergency, the President may suspend any provision of the preceding sections of this chapter. Such a suspension may not continue beyond June 30 of the fiscal year following that in which the war or national emergency ends. (c) Officers in the following categories are ineligible for consideration by a selection board under this chapter and are not counted as officers serving on active duty for the purpose of subsection (a): (1) Women reserve officers, other than reserve officers in the Nurse Corps and other than reserve officers appointed under section 5581 of this title, whether or not on active duty. (2) Retired officers. (3) Officers of the Naval Reserve and the Marine Corps Reserve assigned to active duty for training. (4) 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. (5) Officers of the Naval Reserve and the Marine Corps Reserve ordered to temporary active duty to prosecute special work.