
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC5589]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                   CHAPTER 539--ORIGINAL APPOINTMENTS
 
Sec. 5589. Regular Navy and Regular Marine Corps: officers 
        designated for limited duty
        
    (a) Original appointments as regular officers of the Navy in a grade 
below lieutenant commander in the line and in staff corps established by 
the Secretary of the Navy under section 5150(b) of this title and 
designated by the Secretary for the purposes of this section may be made 
from--
        (1) warrant officers;
        (2) chief petty officers; and
        (3) first-class petty officers;

in the Regular Navy, for the performance of duty in the technical fields 
indicated by their warrants or ratings.
    (b) Original appointments as regular officers of the Marine Corps in 
a grade below major may be made from--
        (1) warrant officers;
        (2) master sergeants; and
        (3) technical sergeants;

in the Regular Marine Corps, for the performance of duty in the 
technical fields in which they are proficient.
    (c)(1) An officer described in paragraph (2) may be given an 
original appointment as a regular officer of the Navy or the Marine 
Corps, as the case may be, in the grade, and with the date of rank in 
that grade, in which the officer is serving on the day before such 
original appointment.
    (2) This subsection applies to an officer of the Navy and Marine 
Corps who--
        (A) is on the active-duty list;
        (B) holds a permanent enlisted or warrant officer grade;
        (C) is designated for limited duty under subsection (a) of 
    section 5596 of this title; and
        (D) is serving in the grade of lieutenant commander or 
    commander, or in the grade of major or lieutenant colonel, under a 
    temporary appointment under subsection (d) of section 5596 of this 
    title.

    (d) To be eligible for an appointment under this section a member 
must have the qualifications specified in section 532(a) of this title 
and have completed at least 10 years of active naval service, excluding 
active duty for training in a reserve component.
    (e) Each officer appointed under this section is known as an officer 
designated for limited duty. He may not suffer any reduction in the pay 
and allowances to which he was entitled at the time of his appointment 
because of his former permanent status.
    (f) Any officer designated for limited duty, upon his application 
and upon determination by the Secretary of the Navy that he is 
qualified, may--
        (1) if he is in the line of the Navy, be designated for 
    engineering duty, aeronautical engineering duty, or special duty, or 
    be assigned to unrestricted performance of duty;
        (2) if he is in a staff corps of the Navy, be assigned to 
    unrestricted performance of duty in that corps; or
        (3) if he is in the Marine Corps, be assigned to unrestricted 
    performance of duty.

When an officer is so designated or assigned, his status as an officer 
designated for limited duty terminates.
    (g) The Secretary shall prescribe regulations for the appointment, 
designation, and assignment of officers under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 326; Pub. L. 87-123, Sec. 5(10), 
Aug. 3, 1961, 75 Stat. 265; Pub. L. 96-513, title III, Sec. 325, Dec. 
12, 1980, 94 Stat. 2893; Pub. L. 99-433, title V, Sec. 514(c)(3), Oct. 
1, 1986, 100 Stat. 1055; Pub. L. 103-337, div. A, title V, Sec. 502, 
Oct. 5, 1994, 108 Stat. 2748.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5589..................................  34 U.S.C. 211c ((a) (less statement  Au
g. 7, 1947, ch. 512, Sec.  404
                                         of appointing authority), and less   (
(a) (less statement of appointing
                                         (e)-(h)).                            a
uthority), and less (e)-(h)), 61
                                                                              S
tat. 870; Aug. 5, 1949, ch. 402,
                                                                              S
ec.  1(f), 63 Stat. 568.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (b) the authority to make appointments under 
this section is confined to appointments in the grades of ensign and 
second lieutenant, since the authority in the source statute to make 
appointments in higher grades was limited and has been completely 
executed. The words ``commissioned warrant officers'' are omitted as 
surplusage, since the term ``warrant officers'' includes commissioned 
warrant officers.
    The word ``male'' is inserted to limit the application of the 
section to men. Authority to appoint women is covered in Sec. 5590 of 
this title.


                               Amendments

    1994--Subsecs. (c) to (g). Pub. L. 103-337 added subsec. (c) and 
redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
    1986--Subsec. (a). Pub. L. 99-433 substituted ``section 5150(b)'' 
for ``section 5155(b)''.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 325(1), substituted ``as 
regular officers of the Navy in a grade below lieutenant commander in 
the line and in staff corps established by the Secretary of the Navy 
under section 5155(b) of this title and designated by the Secretary for 
the purposes of this section may be made from'' for ``to the active list 
of the Navy in the grade of ensign in the line, in the Supply Corps, and 
in the Civil Engineer Corps may be made from male''.
    Subsec. (b). Pub. L. 96-513, Sec. 325(2), substituted ``as regular 
officers of the Marine Corps in a grade below major may be made from'' 
for ``to the active list of the Marine Corps in the grade of second 
lieutenant may be made from male''.
    Subsec. (c). Pub. L. 96-513, Sec. 325(3), inserted ``the 
qualifications specified in section 532(a) of this title and have''.
    1961--Subsec. (e)(3). Pub. L. 87-123 struck out ``be designated for 
supply duty or'' before ``be assigned to''.


                    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.


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions relating to Regular Navy or Regular Marine Corps 
officers designated as limited-duty officers under this section prior to 
September 15, 1981, see section 616 of Pub. L. 96-513, set out as a note 
under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 532, 5596 of this title.
