Page:United States Statutes at Large Volume 70A.djvu/374

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316 list among officers in the same grade in accordance with their dates of rank. The position of each such reserve officer among officers having the same date of rank as himself is as determined by the Secretary. (k) There shall be excluded from the lineal lists under this section the following: (1) Retired officers. (2) Retired enlisted members and members of the Fleet Reserve and the Fleet Marine Corps Reserve on active duty serving under temporary appointments under section 5597 of this title. (3) Each temporary officer whose only appointment to a grade above chief warrant officer, W-4, is an appointment under section 5697 of this title for a period of limited duration. (4) Officers of the Naval Reserve and the Marine Corps Reserve assigned to active duty for training, ordered to active duty in connection with organizing, administering, recruiting, instructing, training, or drilling the Naval Reserve or the Marine Corps Reserve, or ordered to temporary active duty to prosecute special work. (5) Women officers appointed under section 5590 of this title. (6) Women reserve officers, other than reserve officers in the Nurse Corps and other than reserve officers appointed under section 5581 of this title. § 5505. Reserve officers: change of lineal position (a) Notwithstanding any other provision of law, the Secretary of the Navy may change the position on the lineal list of any officer of the Naval Reserve or the Marine Corps Reserve to equalize his opportunities for promotion with officers of the Regular Navy or the Regular Marine Corps. (b) Any officer whose lineal position is changed under this section may be appointed in the same or the next higher grade but not above that of captain in the Navy or colonel in the Marine Corps, and his date of rank may be changed to conform with his new lineal position. The authorized number of officers in any grade may be temporarily exceeded, until the next succeeding computation, by the number of officers advanced to that grade under this section. (c) An officer appointed in a higher grade under this section is entitled to the pay and allowances of the higher grade from the date of his appointment in that grade. § 5507. Rear admirals: determination of upper half (a) Esich officer not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral is entitled to the basic pay and allowances of a rear admiral of the upper half from the date on which the number of officers not restricted in the performance of duty on the active list in the line of the Navy serving in the grade of rear admiral below him on the lineal list becomes equal to or greater than the number of such officers above him on the lineal list. For the purpose of determining the number of rear