12 2 STA T .4 4 3 3 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8credit edt oh i m’ ’ an din s ertin g‘ ‘ (1)A reg ul ar w arrant o f ficer (other than a regular Arm y warrant officer) who has at least 30 years of acti v e service that could b e credited to the officer’’
and ( 2 ) by adding at the end the following new p aragraph
‘‘(2) I n the case of a regular Army warrant officer , the calcula - tion of years of active service under paragraph (1) shall include only years of active service as a warrant officer . ’’. SEC.502 . R E QUI RE M E NT S FO R ISSU A NCE OF P OST H UMOUS COMMIS - SIONS AN DW ARRANTS. (a) POSTHUM OUS C OMM I SSIO N S. —S ection 1 5 21 of title 10, U nited States Code, is amended— (1) in subsection (a), by stri k ing ‘‘in line of duty’’ each place it appears; and (2) by adding at the end the following new subsection: ‘‘(c) A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall re q uire certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.’’. (b) POSTHUMOUS WAR RANTS.—Section 1522 of such title is amended— (1) in subsection (a), by striking ‘‘in line of duty’’; and (2) by adding at the end the following new subsection: ‘‘(c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.’’. SEC. 50 3 . AUTHORI Z ED NUM B ER OF G ENERA L OFFICERS ON ACTI V E DUT Y IN THE ARMY AND MARINE CORPS , LIMITED E X CLU- SION FOR J OINT DUTY REQUIREMENTS, AND INCREASE IN NUMBER OF OFFICERS SERVING IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL. (a) IN C R E ASE IN N UM B ERO F ARM YG ENERA LO FFICERS.—Section 52 6 (a)(1) of title 10, United States Code, is amended by striking ‘‘302’’ and inserting ‘‘30 7 ’’. (b) INCREASE IN NUMBER OF M ARINE COR P S GENERAL OFFI- CERS.—Section 526(a)( 4 ) of such title is amended by striking ‘‘ 8 0’’ and inserting ‘‘81’’. (c) INCREASE IN EX CLUSION FOR J OINT D UTY R E Q UIREMENTS.— Section 526(b)(1) of such title is amended by striking ‘‘12’’ and inserting ‘‘65’’. (d) INCREASE IN NUMBER OF OFFICERS SER V IN G IN GRA D ES ABOVE MA J OR GENERAL AND REAR ADMIRAL.—Section 525 of such title is amended— (1) in the first sentence of subsection (a), by striking ‘‘that armed force’’ and inserting ‘‘the Army or Air F orce, or more than 51 percent of the general officers of the Marine Corps,’’; and (2) in subsection (b)— (A) in paragraphs (1) and (2)(A), by striking ‘‘16.3 percent’’ each place it appears and inserting ‘‘16.4 percent’’; and ( B ) in paragraph (2)(B), by striking ‘‘17.5 percent’’ and inserting ‘‘1 9 percent’’.
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