Marine Corps: officers on active duty

§ 5443. Marine Corps: officers on active duty (a) Of the total number of officers serving on active duty in the Marine Corps in the grade of second lieutenant and above, excluding officers carried as additional numbers in grade, the number of officers who may serve in each of the grades above captain may not, except as provided in subsections (b) and (c), 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 grade of second lieutenant and above, excluding 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 officers serving on active duty in the grade of second lieutenant and above, excluding officers carried as additional numbers in grade Brigadier general and major general Colonel Lieutenant colonel Major 10,000 51 600 1,200 1,800 12,500 52 615 1,250 2,175 15,000 53 630 1,295 2,535 17,500 54 645 1,335 2,880 20,000 55 660 1,370 3,210 22,500 57 670 1,400 3,525 25,000 59 680 1,425 3,826 27,500 61 690 1,445 4,110 30,000 63 700 1,460 4,380 32,500 65 705 1,470 4,635 35,000 67 710 1,476 4,875 (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 major general and brigadier general. At the time of making this computation, the Secretary shall also determine the number of officers required to meet the needs of the service in each of those grades. The number so determined for each grade is the number of officers on active duty, excluding officers carried as additional numbers in grade, prescribed for that grade. However, the prescribed number for the grade of major general may not exceed 50 percent of the sum of the prescribed numbers for that grade and the grade of brigadier general, and the sum of the prescribed numbers may not exceed the number authorized for brigadier general and major general under subsection (a). If the sum of the prescribed numbers is less than that 303 authorized for brigadier general and major general under subsection (a) the difference may be applied as an increase in the prescribed number computed or determined under subsection (c) for any grade. (c) The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers authorized under subsection (a) for each of the grades of colonel, lieutenant colonel, and major. The number so computed is the number of 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 such grade 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. (d) Of the numbers of officers prescribed for the grades of lieutenant colonel and major, as computed or determined under subsection (c), not more than the following percentages may be officers designated for limited duty: (1) Lieutenant colonel—3 64/100 percent. (2) Major—8 62/100 percent. (e) The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers designated for limited duty authorized under subsection (d) for the grades of lieutenant colonel and major. The Secretary shall 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. (f) At the time of making the computations required by subsections (b) and (c), the Secretary shall also determine the numbers of 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 captain, first lieutenant, and second lieutenant. The numbers so determined are the prescribed numbers for these grades. (g) The number of officers designated for supply duty serving on active duty in the grade of brigadier general, including the officer serving as Quartermaster General of the Marine Corps, may not exceed 13 percent of the sum of the numbers of officers prescribed for the grades of major general and brigadier general 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 brigadier general authorized under this section. The number so computed is the prescribed number of officers designated for supply duty serving on active duty in the grade of brigadier general. However, if the Secretary determines at the time of making this computation that the number of officers designated for supply duty required to meet the needs of the service in the grade of brigadier general is less than the prescribed number as computed, the lesser number becomes the prescribed number. 304 (h) The number of officers designated for supply duty serving on active duty in the combined grades of colonel, lieutenant colonel, and major may not exceed 8 percent of the sum of the numbers of officers prescribed for those grades as computed or determined under subsection (c). The Secretary, whenever the needs of the service require but at least once annually, shall compute the number of officers designated for supply duty authorized for these combined grades under this section. The number so computed is the number of officers designated for supply duty serving on active duty prescribed for the grades concerned. However, if the Secretary determines at the time of making this computation that the number of officers designated for supply duty 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. (i) 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 originally appointed in that grade during that period; (2) the number of officers of the Marine Corps 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. (j) 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 general or lieutenant general 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.