Page:United States Statutes at Large Volume 94 Part 3.djvu/247

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2891

"(d) The prescribed numbers of officers computed or determined under this section may not be varied between computations. However, the prescribed number for a grade is temporarily increased during the period between one computation and the next succeeding computation by— "(1) the number of officers of the Naval Reserve ordered to active duty in that grade during that period; and "(2) the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason. "(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 serving in the grade of commodore admiral or rear admiral who was appointed under section 603 of this title or promoted under section 624 of this title, is counted in the grade he would hold had he not been so appointed or promoted. "(f) The sum of the prescribed numbers for the grade of rear admiral under subsections (b) and (c) may not exceed 50 percent of the sum of the numbers specified under such subsections for the grades of commodore admiral and rear admiral.". (c)(1) Subsection (a) of section 5443, relating to the number of officers of the Marine Corps on active duty, is amended to read as follows: "(a) Except as provided in subsection (b), the number of officers in the Marine Corps who may serve on active duty in the grades of brigadier general and major general may not exceed a number appropriate to the total number of officers serving on active duty in the Marine Corps in the grade of second lieutenant or above as set forth in the following table. If the total number of officers serving on active duty in the grade of second lieutenant or above (excluding officers in categories specified in section 523(b) of this title) falls between two strengths shown in the first column of the table, the number for the grades of brigadier general and major general is determined by interpolation between the respective numbers for the two strengths. "Total number of officers serving on active duty in the grade of second lieutenant and above: 10,000 12,500 15,000 17,500 20,000 22,500 25,000 27,500 30,000 32,500 35,000

.,,.

Ante, p. 2850. Ante, p. 2857.

10 USC 5443.

Ante, p. 2842.

Number of brigadier generals and major generals 58 62 69 72 75 79 82 84 85 87 89".

(2) The last sentence of subsection (b) of such section is amended by striking out "subsection (c)" and inserting in lieu thereof "section 523(a)(1) of this title". (3) Subsections (c), (d), (e), and (f) of such section are repealed. Repeals. (4) Subsection (g) of such section is redesignated as subsection (c) and is amended by striking out clause (1) and redesignating clauses (2) and (3) as clauses (1) and (2), respectively.

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