12 2 STA T .4 4 37PUBLIC LA W 11 0– 417 —O CT. 14 , 200 8(4)OF F ICERSP E ND IN G RE T IRE M ENT O R A FTER RE L IEF AND RELATED CIRC U MSTANCES .—Thefol lo wing offi c e rs sh a ll no tb e co u nte d for p urposes of subsection (b)
( A ) An officer of an Ar m ed F orce in the grade of briga - dier general or abo v eor , in the case of the N av y , inthe grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60 -day period beginning on the date of the commencement of such leave of such officer. ( B ) An officer of an Armed Force who has been relieved from a position designated under section 60 1 (a) of title 10, U nited S tates C ode, and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published. (d) APPOINTMENTS IN EX CESS OF D ISTRI B UTION L IMITS.— (1) APPOINTMENT AUT H ORIT Y .—Sub j ect to paragraph ( 3 ), the P resident— (A) may ma k e appointments in the Army, Air Force, and M arine Corps in the grade of lieutenant general and in the Army, Air Force, and Marine Corps in the grade of general in e x cess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph ( 2 )
and (B) may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) OFFSETTING REDUCTIONS.—For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the e q uivalent grade in one of the other Armed Forces (other than the Coast G uard) shall be reduced by one. W hen such an appointment is made, the President shall specify the Armed Force in which the reduction required by this paragraph is to be made. (3) MAXIMUM.—The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 1 5 . The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5. (4) DURATION OF REDUCTION.—Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connec- tion with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another Armed Force by reason of that increase shall no longer be in effect. Presid e nt. President.
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