Page:United States Statutes at Large Volume 95.djvu/156

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 130

10 USC 5444.

PUBLIC LAW 97-22—JULY 10, 1981 5444 of this title, an officer so appointed shall be considered an additional number in grade.". (b)(1) Section 5444 of such title (as amended by section 302 of the Act (94 Stat. 2888)) is amended by striking out "specified" each place it appears in subsection Qy) and inserting in lieu thereof "prescribed". (2) Subsection (f) of such section is amended to read as follows: "(f) The Secretary, in his discretion, shall prescribe the number of commodore admirals, and the number of rear admirals, in each staff corps. The total of the prescribed numbers of rear admirals for all the staff corps may not exceed 50 percent of the total number computed under subsection (b).". (c)(1) Subsection (a) of section 5600 of such title (as amended by section 328 of the Act (94 Stat. 2895)) is amended— (A) by inserting "or who is designated in an officer category in which advanced education or training or special experience is required or will be directly used" in paragraph (1) after "Marine Corps Reserve"; (B) by inserting "or designation" in paragraph (1) after "such appointment" both places it appears; (C) by inserting as a regular officer on active duty or as a reserve officer" in paragraph (1) after "that he performed"; and (D) by striking out "receiving an original appointment" and "at the time of such appointment" in paragraph (2). (2) Subsection (b)(1) of such section is amended— (A) by inserting "or a designation in an officer category in which advanced education or training or special experience is required or will be directly used" after "officer in the Navy or Marine Corps"; (B) by inserting "or designated" in subparagraph (A) after "appointed"; (C) by inserting "or designation in such a category" in subparagraph (A) after "commissioned officer"; and (D) by striking out the second sentence in subparagraph (A) and inserting in lieu thereof the following: "Except as provided in clause (E), in determining the number of years of constructive service to be credited under this clause to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in excess of four that are required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree.". (3) Subsection 0))(3) of such section is amended by striking out the period and inserting in lieu thereof "or his designation in an officer category in which advanced education or training or special experience is required or will be directly used.". (4) Subsection (c) of such section is amended— (A) by inserting "as a commissioned officer (other than a warrant officer) on active duty or" after "while serving"; and (B) by adding at the end thereof the following new sentence: "However, in the case of an officer who completes advanced education or receives an advanced degree while in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced degree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the officer under subsection (b)(l)(A) to the extent that the number of years normally required to complete such advanced education or