Marine Corps: officers on the active list; permanent grade

§ 5448. Marine Corps: officers on the active list; permanent grade (a) The distribution in permanent grades of officers on the active list of the Marine Corps, excluding officers carried as additional numbers in grade, shall be based on the following percentages of the number of such officers: (1) Major general and brigadier general combined—75/100 of 1 percent. (2) Colonel—6 percent. (3) Lieutenant colonel—12 percent. (4) Major—18 percent. (5) Captain—24 75/100 percent. (6) First lieutenant and second lieutenant combined—38 50/100 percent. However, the number of officers who may have permanent appointments on the active list of the Marine Corps in the grades of major general and brigadier general, excluding officers carried as additional numbers in grade, may not exceed 32, except in time of war or national emergency. (b) The Secretary of the Navy, as of January 1 of each year, 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 the active list, 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 must equal the number authorized for general officer grades under subsection (a). (c) The Secretary, as of January 1 of each year, shall compute the number of officers authorized under subsection (a) for each of the grades of colonel, lieutenant colonel, major, and captain and for the combined grades of first lieutenant and second lieutenant. The number so computed is the number of officers on the active list, excluding officers carried as additional numbers in grade, prescribed for the grade or grades concerned. However, if the number of officers prescribed for the grade of colonel as computed cannot be attained because of the minimum total commissioned service required for promotion to that grade by section 5780 of this title, the Secretary shall determine an appropriate lesser number. The lesser number then becomes the prescribed number for the grade of colonel and the Secretary shall make a corresponding increase in the prescribed number for one or more of the lower grades. 310 (d) Of the numbers of officers prescribed for grades below colonel, 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. (3) Captain—7 72/100 percent. (4) First lieutenant and second lieutenant combined—6 4/100 percent. (e) The Secretary, as of January 1 of each year, shall compute the number of officers designated for limited duty authorized under subsection (d) for each grade above first lieutenant and for the combined grades of first lieutenant and second lieutenant. 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 grade above first lieutenant and in the combined grades of first lieutenant and second lieutenant. The number so determined is the prescribed number for the grade or grades concerned. (f) The number of officers on the active list designated for supply duty holding permanent appointments 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 under subsection (b). The Secretary, as of January 1 of each year, shall compute the number of officers authorized by this subsection to hold permanent appointments in the grade of brigadier general. The number so computed is the number of officers on the active list designated for supply duty prescribed for the permanent grade of brigadier general. However, except in time of war or national emergency, the number of officers on the active list designated for supply duty holding permanent appointments in the grade of brigadier general may not exceed four. (g) The number of officers on the active list designated for supply duty holding permanent appointments 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, as of January 1 of each year, shall compute the number of officers authorized by this subsection to hold permanent appointments in these combined grades. The number so computed is the number of officers on the active list designated for supply duty prescribed for these combined permanent grades. (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 annual computation and the next succeeding computation by— (1) the number of officers originally appointed 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. (i) For the purpose of this section— (1) each officer is counted in his permanent grade; and (2) women officers are not counted.