Page:United States Statutes at Large Volume 94 Part 3.djvu/244

 94 STAT. 2888

PUBLIC LAW 96-513—DEC. 12, 1980 NUMBER OF NAVY STAFF CORPS OFFICERS SERVING IN GRADES OF COMMODORE ADMIRAL AND REAR ADMIRAL

10 USC 5444.

SEC. 302. Section 5444 is amended to read as follows: "§ 5444. Navy: staff corps officers on active duty; commodore admirals and rear admirals "(a) The total number of officers serving on active duty in the grades of commodore admiral and rear admiral in the staff corps of the Navy excluding any flag officer serving as a Chief of Bureau, may not exceed a number appropriate to the total number of officers in all the staff corps serving on active duty, as set forth in the following table. If the total number of officers on active duty in all the staff corps falls between two strengths shown in the first column of the table, the number of rear admirals and commodore admirals is determined by proportionate interpolation between the numbers of the two strengths. "Total number of officers in all the staff corps on active duty: 9,000 13,000 19,000 27,000 32,000 37,000

Computation.

Ante, p. 2842. Ante, p. 2857.

Ante, p. 2850.

Number of rear admirals and commodore admirals 44 53 57 61 64 67

"(b) The Secretary of the Navy, whenever the needs of the service require but at least once annually, shall compute the number of officers authorized under subsection (a) for the grades of commodore admiral and rear admiral in all the staff corps. The number so computed is the number of officers on active duty specified for the grades of commodore admiral and rear admiral in all the staff corps. If the Secretary determines at the time of making any such computation that the number of officers required to meet the needs of the service in the grades of commodore admiral and rear admiral for all the staff corps is less than the specified number for such grades for all the staff corps, the lesser number becomes the specified number for such grades for all the staff corps and the reduction may be applied as an increase in the authorized number for any lower grade of the Navy under section 523 of this title. "(c) 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 commodore admiral or rear admiral under section 624 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 his grade in his corps. "(d) The prescribed number of officers computed or determined under this section may not be varied between computations. "(e) 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 603 of this title is

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