294 CHAPTER 517.—FLEET COMMANDS A N D OTHER HIGH POSITIONS Sec. 5231. 5232. 5233. 5234.
Navy positions: admirals and vice admirals. Marine Corps positions: general and lieutenant generals. Retirement. Suspension provision.
§ 5231. Navy positions: admirals and vice admirals (a) The President may designate officers on the active list of the Navy above the grade of captain and, in time of war or national emergency, above the grade of commander for— (1) command of fleets or subdivisions of fleets; (2) command of naval units afloat to perform special or unusual missions; or (3) performance of duty of great importance and responsibility. A n officer so designated may be appointed by the President, by and with the advice and consent of the Senate, to the grade of admiral or vice admiral. Such an appointment is effective on the date the officer reports for the designated duty and terminates on the date he is detached. The Secretary of the Navy shall determine the rank of officers in the grade in which they are serving under this section. (b) The number of officers serving in the grades of admiral and vice admiral under subsection (a) may not, at any time, exceed 15 percent of the number of officers prescribed for the grade of rear admiral in— (1) section 5442 of this title, if that section is operative; or (2) section 5447 of this title, if section 5442 is inoperative. Of the number of officers that may serve in the grades of admiral and vice admiral, as determined under this subsection, not more than eight may have the grade of admiral. (c) Except in time of war or national emergency, the number of officers serving in the grades of admiral and vice admiral may not exceed 26, including the Chief of Naval Operations, and of the number so serving only the Chief of Naval Operations and three others may have the grade of admiral. (d) An officer while serving as Chairman of the Joint Chiefs of Staff, if serving in the grade of admiral, is in addition to the numbers authorized under subsections (b) and (c) of this section. (e) An officer of the Navy assigned as Chief of Staff to the President shall be appointed by the President, by and with the advice and consent of the Senate, to the grade of admiral, unless he is otherwise entitled to the same or a higher grade. Such an appointment is effective while the officer is so serving, and while in that grade he is in addition to the numbers authorized under subsections (b) and (c) of this section. (f) An appointment under this section does not create a vacancy in the grade held by the officer at the time he is appointed and does not increase the authorized strength of the Navy in officers on the active list.