Page:United States Statutes at Large Volume 70A.djvu/233

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175

175 (o) 188 on the active list of the Kegular Army, exclusive of those authorized under clauses (l) - (4) of this subsection, of whom not more than 94 may be in a regular grade above brigadier general. (d) When the application of the percentages and ratios specified in this section results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded. (e) General officers on the active list of the Regular Army who are specifically authorized by law to hold any civil office under the United States, or any instrumentality thereof, are not counted in determining authorized strength under this section. § 3211. Regular Army: strength in grade; promotion-list officers (a) Subject to subsection (b), the authorized strength of the Regular Army in officers in each regular grade on each of the promotion lists set forth in section 3296 of this title shall be as prescribed by the Secretary of the Army. A vacancy in any grade on a promotion list may be filled by an appointment in any lower grade. (b) Each strength prescribed by the Secretary under subsection (a) shall be stated as a percentage of the strength authorized for the particular list, and the schedule of percentages may be different for each list. No schedule for a list may authorize, with respect to a grade, a percentage that is higher than the sum of (1) the figure fixed for the grade according to the following table, and (2) the amounts, if any, by which the percentages fixed by the Secretary for higher grades are less than the figures fixed according to that table: Column 1 Grade

Colonel Lieutenant colonelMajor Captain First lieutenant Second lieutenant..

Column 2

Column 3

Medical Corps, Dental Corps, Veterinary Corps, Chaplains, Judge Advocate General's Corps

Women's Army Corps

All other promotion lists

Percent

Percent

Percent

18 14 19 23 36

(')-

( »)10 -

'19-31 '23-35 '18-30 ' 18-30

»8 14 19 23 18 18

' Colonels whose retirement is deferred under section 3921(b) of this title are not included within this percentage. ' None may be authorized by the Secretary for this category. ' As determined by the Secretary, except that the column must total 100 percent.

§ 3212. Regular Army: strength in grade; temporary increases The authorized strength in any regular grade, as prescribed by or under this chapter, is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 3036, 3298, 3299, 3304, or 4353 of this title. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.