
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5582]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 539--ORIGINAL APPOINTMENTS
 
Sec. 5582. Regular Navy: transfers, line and staff corps

    (a) A regular officer of the Navy in a staff corps in a grade not 
above lieutenant commander may be appointed in the line of the Navy to 
the same grade.
    (b) A regular officer in the line of the Navy in a grade not above 
lieutenant commander may be appointed to the same grade in a staff corps 
under regulations prescribed by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 324; Pub. L. 96-513, title III, 
Sec. 373(d), Dec. 12, 1980, 94 Stat. 2903.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5582(a)...............................  34 U.S.C. 14 (less statement of      Ju
ly 22, 1935, ch. 402, Sec.  7
                                         appointing authority).               (
less statement of appointing
                                                                              a
uthority), 49 Stat. 490.
5582(b)...............................  34 U.S.C. 13 (less statement of      Ju
ly 22, 1935, ch. 402, Sec.  6
                                         appointing authority).               (
less statement of appointing
                                                                              a
uthority), 49 Stat. 490.
-------------------------------------------------------------------------------
---------------------------------

    The words ``active list'' are inserted so that this section will 
apply only to officers of the Regular Navy holding permanent 
appointments in grades above commissioned warrant officer, as this was 
the intent of the source statute. The words ``same grade'' are 
substituted for the words ``corresponding rank and grade'' in subsection 
(a) and for the words ``corresponding grade'' in subsection (b), since, 
under Sec. 405 of the Officer Personnel Act of 1947 (34 U.S.C. 10a), the 
grades in the staff corps are the same as those in the line. The words 
``transfer and'' and ``transferred and'' are omitted as surplusage.
    In subsection (a) the words ``and precedence in the line'' are 
omitted as surplusage.
    In subsection (b) reference to the Construction Corps is omitted 
because that corps was abolished by the Act of June 25, 1940, ch. 420, 
Sec. 1, 54 Stat. 528.
    The word ``male'' is inserted in both subsections to limit their 
application to men. Authority to appoint women is covered in Sec. 5590 
of this title.


                               Amendments

    1980--Subsec. (a). Pub. L. 96-513 substituted ``A regular officer'' 
for ``Any male officer on the active list'' and ``in the line'' for ``to 
the active list in the line'' and deleted provision assigning an officer 
so appointed the lineal position he would have held had he originally 
been appointed in and had he remained in the line and provision that 
such an officer was to be considered an additional number in each grade 
in which he served.
    Subsec. (b). Pub. L. 96-513 substituted ``A regular officer'' for 
``Any male officer on the active list'' and ``the same grade in a staff 
corps under regulations prescribed by the Secretary of Defense'' for 
``the active list of the Navy in the Supply Corps or the Civil Engineer 
Corps, in the same grade, without regard to his age.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the 
authority to prescribe regulations under the amendment by Pub. L. 96-513 
effective on Dec. 12, 1980, see section 701 of Pub. L. 96-513, set out 
as a note under section 101 of this title.
