Navy: line officers on active duty

§ 5442. Navy: line officers on active duty (a) Of the total number of officers serving on active duty in the line of the Navy in the grade of ensign and above, excluding fleet admirals and officers carried as additional numbers in grade, the number of officers who may serve in each of the grades above lieutenant may not, except as provided in subsection (b), exceed a number appropriate to the total number as set forth in the following table. If the total number of officers serving on active duty in the line of the Navy in the grade of ensign and above, excluding fleet admirals and officers carried as additional numbers in grade, falls between two strengths shown in the first column of the table, the number for each grade is determined by proportionate interpolation between the respective numbers for the two strengths. Total line officers serving on active duty in the grade of ensign and above, excluding fleet admirals and officers carried as additional numbers in grade Rear Admiral Captain Commander Lieutenant Commander 32,000 215 1,920 3,840 6,760 40,000 222 2,320 4,498 7,080 50,000 228 2,758 6,235 8,650 60,000 237 3,140 6,851 10,148 70,000 244 3,479 6,374 11,487 80,000 252 3,782 6,821 12,752 90,000 259 4,053 7,205 13,914 100,000 262 4,295 7,538 15,030 125,000 291 4,792 8,201 17,500 150,000 305 6,165 8,683 19,500 175,000 323 6,441 9,017 21,175 200,000 342 6,640 9,244 22,560 260,000 379 6,854 9,504 24,600 (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 each grade above lieutenant. The number so computed is the number of line officers on active duty, excluding officers carried as additional numbers in grade, prescribed for the grade concerned. However, if the Secretary determines at the time of making these computations that the number of officers required to meet the needs of the service in any grade above lieutenant is less than the prescribed number for that grade as computed, the lesser number becomes the prescribed number for the grade and the reduction may be applied as an increase in the prescribed number for any lower grade. (c) Of the numbers of officers prescribed for the grades of commander and lieutenant commander, as computed or determined under subsection (b), not more than the following percentages may be officers designated for limited duty: (1) Commander—3 64/100 percent. (2) Lieutenant commander—8 62/100 percent. (d) The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers designated 301 for limited duty authorized under subsection (c) for the grades of commander and lieutenant commander. The Secretary snail also determine the number of such officers, not to exceed the computed number, that will be required to meet the needs of the service during the ensuing year in each of these grades. The number so determined for each grade is the number of officers designated for limited duty prescribed for the grade concerned. (e) At the time of making the computations required by subsection (b), the Secretary shall also determine the numbers of line officers on active duty, excluding officers carried as additional numbers in grade, that will be required to meet the needs of the service during the ensuing year in the grades of lieutenant, lieutenant (junior grade), and ensign. The numbers so determined are the prescribed numbers for these grades. (f) The number of officers designated for engineering duty, aeronautical engineering duty, and special duty serving on active duty in the grade of rear admiral may not exceed 13 percent of the number of officers prescribed for the grade of rear admiral as computed or determined under subsection (b). The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers in the grade of rear admiral authorized under this subsection. The number so computed is the prescribed number of officers restricted in the performance of duty serving on active duty in the grade of rear admiral. However, if the Secretary determines at the time of making this computation that the number of officers designated for engineering duty, aeronautical engineering duty, and special duty required to meet the needs of the service in the grade of rear admiral is less than the prescribed number as computed, the lesser number becomes the prescribed number. (g) The number of officers designated for engineering duty, aeronautical engineering duty, and special duty, respectively, serving on active duty in the combined grades of captain, commander, and lieutenant commander may not exceed the following percentages of the sum of the numbers of officers prescribed for those grades as computed or determined under subsection (b): (1) Engineering duty—9 percent. (2) Aeronautical engineering duty—5 percent. (3) Special duty—5 percent. The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers designated for engineering duty, aeronautical engineering duty, and special duty, respectively, authorized under this section for these combined grades. The number so computed for each designation is the number of officers of that designation serving on active duty prescribed for these combined grades. However, if the Secretary determines at the time of making these computations that the number of officers of any designation required to meet the needs of the service in the combined grades is less than the prescribed number as computed, the lesser number becomes the prescribed number of officers of that designation. (h) 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— 302 (1) the number of officers originally appointed in that grade during that period; (2) the number of officers of the Naval Reserve ordered to active duty in that grade during that period; and (3) 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. (i) 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.