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309 (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. § 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—'^^oo of 1 percent. (2) Colonel—6 percent. (3) Lieutenant colonel—12 percent. (4) Major—18 percent. (5) Captain—247%oo percent. (6) First lieutenant and second lieutenant combined—385%QQ 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. A t 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. ++
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