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311 §5449. Navy: staff corps officers on the active list; permanent grade (a) The number of officers on the active list of the Navy holding permanent appointments in the grade of rear admiral in the Medical Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer Corps, and the Dental Corps, respectively, excluding any rear admiral serving as a chief of bureau, may not exceed, in any of those corps, %o of 1 percent of the number of officers on the active list of the Navy in the corps concerned. The Secretary of the Navy, as of January 1 of each year, shall compute the number of officers authorized under this section to hold permanent appointments in the grade of rear admiral in each corps. The number so computed for each corps is the number of officers on the active list in that corps prescribed for the permanent grade of rear admiral. However, except in time of war or national emergency, the numbers of officers who may hold permanent appointments on the active list of the Navy in the grade of rear admiral in these corps may not exceed— (1) 15 in the Medical Corps; (2) 13 in the Supply Corps; (3) 2 in the Chaplain Corps; (4) 4 in the Civil Engineer Corps; and (5) 4 in the Dental Corps. (b) Each officer who holds a permanent appointment on the active list of the Navy in the grade of rear admiral in a staff corps, and who serves as a chief of bureau, shall, upon the termination of his appointment as chief of bureau, be carried in excess of the prescribed number until the next vacancy occurs in the permanent grade of rear admiral in his corps. (c) The number of officers on the active list of the Navy holding permanent appointments in the grade of captain in the Medical Service Corps may not exceed 2 percent of the number of officers on the active list of the Navy in that corps. The Secretary, as of January 1 of each year, shall compute the number of officers authorized under this section to hold permanent appointments in the grade of captain in the Medical Service Corps. The number so computed is the number of officers on the active list in the Medical Service Corps prescribed for the permanent grade of captain. (d) The numbers of officers on the active list of the Navy in the Nurse Corps holding permanent appointments in the grades of commander and lieutenant commander may not exceed %© of 1 percent and 1% 0 percent, respectively, of the number of officers on the active list of the Navy in that corps. The Secretary, as of January 1 of each year shall compute the number of officers in the Nurse Corps authorized under this section to hold permanent appointments in each of these grades. The number so computed for each grade is the number of officers on the active list of the Navy in the Nurse Corps prescribed for that permanent grade. (e) The prescribed numbers of officers computed 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 annual computation and the next succeeding computation by the 81913 O—56
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