
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: 10USC5585]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 539--ORIGINAL APPOINTMENTS
 
Sec. 5585. Regular Marine Corps: order of filling vacancies in 
        grade of second lieutenant
        
    Vacancies on the active-duty list of the Marine Corps in the grade 
of second lieutenant shall be filled, so far as practicable, first, from 
members of the graduating class of the Naval Academy; second, from 
meritorious noncommissioned officers of the Regular Marine Corps; and 
third, from other persons.

(Aug. 10, 1956, ch. 1041, 70A Stat. 324; Pub. L. 96-513, title V, 
Sec. 503(29), Dec. 12, 1980, 94 Stat. 2913.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5585..................................  34 U.S.C. 634.                       Ma
r. 3, 1899, ch. 413, Sec.  19, 30
                                                                              S
tat. 1008; Mar. 3, 1903, ch.
                                                                              1
010, 32 Stat. 1198 (1st proviso
                                                                              i
n 5th par., 48th word to end of
                                                                              p
roviso).
-------------------------------------------------------------------------------
---------------------------------

    The words ``from other persons'' are substituted for the words 
``from civil life'' because 34 U.S.C. 1020e authorizes the appointment 
of graduates of the NROTC program as well as of other persons in civil 
life. Such graduates are, properly, persons in ``civil life'', since 
they are members of the Naval Reserve who are not on active duty. 
However, since the status of members of the NROTC is not always clear, 
the statement of the class is expanded.


                               Amendments

    1980--Pub. L. 96-513 substituted ``active-duty list'' for ``active 
list''.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
