Navy: staff corps officers on active duty

§ 5444. Navy: staff corps officers on active duty (a) The number of officers serving on active duty 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 each corps, a number appropriate to the total number of officers in that corps serving on active duty, as set forth in the following tables. If the total number of officers on active duty in any corps falls between two strengths shown in the first column of the appropriate table, the number of rear admirals is determined by proportionate interpolation between the numbers for the two strengths. If the number of officers on active duty in a corps is less than the smallest tabulated number for the corps concerned, the number for the grade of rear admiral in that corps is 5/10 of 1 percent of the total number of officers serving on active duty in the corps. 305 MEDICAL CORPS Total number of officers in the corps on active duty Number of rear admirals 3,000 15 4,000 18 5,000 19 7,000 20 9,000 21 11,000 22 13,000 23 16,000 24 SUPPLY CORPS Total number of officers in the corps on active duty Number of rear admirals 2,600 13 3,000 16 4,000 18 5,000 19 7,000 20 9,000 21 11,000 22 13,000 23 16,000 24 17,000 26 CHAPLAIN CORPS Total number of officers in the corps on active duty Number of rear admirals 500 2 1,600 3 2,800 3 CIVIL ENGINEER CORPS Total number of officers in the corps on active duty Number of rear admirals 1,000 5 1,500 6 2,000 7 3,000 8 4,000 9 5,000 10 7,000 11 DENTAL CORPS Total number of officers in the corps on active duty Number of rear admirals 1,000 5 2,000 6 4,000 7 7,000 8 (b) The number of officers serving on active duty in the grade of captain in the Medical Service Corps may not exceed 2 percent of the number of officers serving on active duty in that corps, and the number of officers serving on active duty in the grades of commander and lieutenant commander in the Nurse Corps may not exceed, respectively, 1 75/100 percent and 7 75/100 percent of the number of officers serving on active duty in that corps. (c) The Secretary of the Navy, whenever the needs of the service require but at least once annually, shall compute— 306 (1) the number of rear admirals authorized under this section for each corps; (2) the number of captains authorized under this section for the Medical Service Corps; and (3) the number of commanders and lieutenant commanders authorized under this section for the Nurse Corps. The numbers so computed are the numbers of officers serving on active duty prescribed for the grades and corps concerned. However, if the Secretary determines at the time of making any computation under this section that the number of officers required to meet the needs of the service in the grade of rear admiral in any of these corps, in the grade of captain in the Medical Service Corps, or in the grade of commander or lieutenant commander in the Nurse Corps is less than the prescribed number as computed, the lesser number becomes the prescribed number for the grade in the corps concerned. A reduction in the prescribed number for the grade of commander in the Nurse Corps may be applied as an increase in the prescribed number for the grade of lieutenant commander in that corps. (d) 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 rear admiral under section 5772 or section 5781 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 the grade of rear admiral in his corps. (e) The prescribed numbers of officers computed or determined 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 computation and the next succeeding computation by the number of officers of that grade for whom vacancies exist in the grade of commander but whose promotion to the grade of commander has been delayed for any reason. (f) 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.