81
STAT.]
PUBLIC LAW 90-179-DEC. 8, 1967
547
vision of law. An officer who is retired while serving as Assistant Judge Advocate General of the Navy under this subsection or who, after serving at least twelve months as Assistant Judge Advocate General of the Navy, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the rank and grade of brigadier general. If he is retired as a brigadier general, he is entitled to the retired pay of that grade, unless entitled to higher pay under another provision of law. " (d) When there is a vacancy in the Office of the Judge Advocate General, or during the absence or disability of the Judge Advocate General, the Deputy Judge Advocate General shall perform the duties of the Judge Advocate General until a successor is appointed or the absence or disability ceases. "(e) When subsection (d) cannot be complied with because of the absence or disability of the Deputy Judge Advocate General, the Assistant Judge Advocates General, in the order directed by the Secretary of the Navy, shall perform the duties of the Judge Advocate General."' (.S) The analysis is amended by amending the items relating to sections 5148 and 5149 to read as follows: "5148. Judge Advocate General's Corps: OflSce of the Judge Advocate General; Judge Advocate General; appointment, term, emoluments, duties. '••5149. Office of the Judge Advocate General: Deputy.Judge Advocate General; Assistant Judge Advocates General."
SEC. 3. Section 5404 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: "(c) The Secretary of the Navy, as of January 1 of each year, shall establish the authorized strength of the active list of the Navy in officers in the Judge Advocate General's Corps." SEC. 4. Section 5508(b) of title 10, United States Code, is amended— (1) by inserting the following new clause after clause (5): " (6) Officers in the Judge Advocate General's Corps,"'; and (2) by renumbering clauses (6), (T),and (8) as clauses "(T)'*, " (8)", and " (9)", respectively. SEC. 5. Chapter 539 of title 10, United States Code, is amended as follows: (1) The following new section is added after section 5578: "§ 5578a. Regular Navy; Judge Advocate General's Corps " (a) Original appointments to the active list of the Navy in the Judge Advocate General's Corps may be made from persons who— "(1) are at least twenty-one and under thirty-five years of age; "(2) are graduates of an accredited law school or are members of the bar of a Federal court or the highest court of a State; and "(3) have physical, mental, and moral qualifications satisfactory to the Secretary of the Navy. For the purposes of determining lineal position, permanent grade, seniority in permanent grade, and eligibility for promotion, an officer appointed in the Judge Advocate General s Corps shall be credited with the amount of service prescribed by the Secretary of the Navy, but not less than three years. "(b) Under such regulations as the Secretary of the Navy may prescribe, appointments to the active list of the Navy in the Judge Advocate General's Corps may be made from officers of the Navy, including the Naval Reserve, in the line or in another staff corps. Notwithstanding any other law, an officer appointed under this subsection shall have a running mate assigned to him under regulations to be prescribed by the Secretary of the Navy." (2) Section 5587(c) is amended by striking out "law,'".
70A Stat. 297.
7OA Stat. 322.
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