Page:United States Statutes at Large Volume 70A.djvu/364

306 306 (1) the number of rear admirals authorized under this section for each corps; (2) the number of captains authorized under this section for the Medical Service Corps; and (3) the number of commanders and lieutenant commanders authorized under this section for the Nurse Corps. The numbers so computed are the numbers of officers serving on active duty prescribed for the grades and corps concerned. However, if the Secretary determines at the time of making any computation under this section that the number of officers required to meet the needs of the service in the grade of rear admiral in any of these corps, in the grade of captain in the Medical Service Corps, or in the grade of commander or lieutenant commander in the Nurse Corps is less than the prescribed number as computed, the lesser number becomes the prescribed number for the grade in the corps concerned. A reduction in the prescribed number for the grade of commander in the Nurse Corps may be applied as an increase in the prescribed number for the grade of lieutenant commander in that corps. (d) Each officer in a staff corps who serves as a chief of bureau and who, before or during that service, is appointed to the grade of rear admiral under section 5772 or section 5781 of this title shall, upon termination of his appointment as chief of bureau, be carried in excess of the prescribed number until the next vacancy occurs in the grade of rear admiral in his corps. (e) The prescribed numbers of officers computed or determined under this section may not be varied between computations. However, the prescribed number of officers for the grade of lieutenant commander in the Nurse Corps is temporarily increased during the period between one computation and the next succeeding computation by the number of officers of that grade for whom vacancies exist in the grade of commander but whose promotion to the grade of commander has been delayed for any reason. (f) For the purpose of this section, each officer is counted in the grade in which he is serving, whether under a permanent or a temporary appointment. However, each officer serving under an appointment in the grade of admiral or vice admiral and each officer in a grade to which he was appointed under section 5597 or promoted under section 5787 of this title is counted in the grade he would hold had he not been so appointed or promoted. § 5445. Suspension: sections 5442, 5443, 5444 During any period when he determines that the needs of the service so require, the President may suspend any provision of section 5442, 5443, or 5444 of this title relating to— (1) officers serving in the grades of lieutenant and lieutenant (junior grade) in the Navy; or (2) officers serving in the grades of captain and first lieutenant in the Marine Corps. § 5446. Application: sections 5442, 5443, 5444 (a) Sections 5442, 5443, and 5444 of this title are applicable only when the number of officers serving on active duty in the grade of

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