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10 U.S.C. § 12005 — Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12005 — Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status

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Stable record: federal_law:legal_authorities:record_usc_844d87a10f56e6b7c4a3adb8
Source file: Laws/federal/codes/united-states-code/title-10/section-12005-strength-in-grade-commissioned-officers-in-grades-below-brigadier-genera--901e160c9d.md
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Source location: Title 10, Chapter 1201, § 12005; chapter-1201-authorized-strengths-and-distribution-in-grade.md

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**(a)** (1) Subject to paragraph (2), the authorized strength of the Army and the Air Force in reserve commissioned officers in an active status in each grade named in paragraph (2) is as prescribed by the Secretary of the Army or the Secretary of the Air Force, respectively. A vacancy in any grade may be filled by an authorized appointment in any lower grade. (2) A strength prescribed by the Secretary concerned under paragraph (1) for a grade may not be higher than the percentage of the strength authorized for the Army or the Air Force, as the case may be, under [section 12003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12003&num=0&edition=prelim) that is specified for that grade as follows: GradeArmy percentageAir Force percentage Colonel21.8 Lieutenant colonel64.6 Major1314.0 Captain3532.0 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under [section 12004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12004&num=0&edition=prelim))4447.6 (3) Medical officers and dental officers shall not be counted for the purposes of this subsection. **(b)** (1) The authorized strengths of the Navy Reserve in line officers in an active status in the grades of captain, commander, lieutenant commander, and lieutenant, and in the grades of lieutenant (junior grade) and ensign combined, are the following percentages of the total authorized number of those officers: Captain1.5 percent Commander7 percent Lieutenant commander22 percent Lieutenant37 percent Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under [section 12004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12004&num=0&edition=prelim))32.5 percent. (2) When the actual number of line officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades. **(c)** (1) The authorized strengths of the Marine Corps Reserve in officers in an active status in the grades of colonel, lieutenant colonel, major, and captain, and in the grades of first lieutenant and second lieutenant combined, are the following percentages of the total authorized number of those officers: Colonel2 percent Lieutenant colonel8 percent Major16 percent Captain39 percent First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under [section 12004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12004&num=0&edition=prelim))35 percent. (2) When the actual number of officers in an active status in any grade is less than the number authorized by paragraph (1) for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades. **(d)** (1) An officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of commissioned officers authorized for the officer’s grade under this section. (2) An officer of the Navy Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12003 — Authorized strengths: commissioned officers in an active status

**(a)** The authorized strengths of the Army, Navy, Air Force, and Marine Corps in reserve commissioned officers, other than commissioned warrant officers and officers on an active-duty list, in an active status are as follows: Army275,000 Air Force200,000 Navy150,000 Marine Corps24,500. **(b)** The authorized strengths prescribed by subsection (a) may not be exceeded unless— (1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or (2) the excess results directly from the operation of a nondiscretionary provision of law.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12004 — Strength in grade: reserve general and flag officers in an active status

**(a)** The authorized strengths of the Army, Air Force, and Marine Corps in reserve general officers in an active status, and the authorized strength of the Navy in reserve officers in the grades of rear admiral (lower half) and rear admiral in an active status, are as follows: Army207 Air Force157 Navy48 Marine Corps10. **(b)** The following Army and Air Force reserve officers shall not be counted for purposes of this section: (1) Those serving as adjutants general or assistant adjutants general of a State. (2) Those serving in the National Guard Bureau. (3) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim). (4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a). **(c)** (1) The following Navy reserve officers shall not be counted for purposes of this section: (A) Those counted under [section 526 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section526&num=0&edition=prelim). (B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a). (2) Not more than 50 percent of the officers in an active status authorized under this section for the Navy may serve in the grade of rear admiral. **(d)** The following Marine Corps reserve officers shall not be counted for purposes of thi

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12005 — Strength in grade: commissioned officers

Page 3632 TITLE 10—ARMED FORCES § 12005 of a reduction in the number of general officers authorized under subsection (a). (2) An officer of the Navy Reserve or the Ma- rine Corps Reserve may not be reduced in per- manent grade because of a reduction in the number authorized by this section for his grade. (f) The limitations in subsection (a) do not apply to an officer released from a joint duty as- signment or other non-joint active duty assign- ment, but only during the 60-day period begin- ning on the date the officer departs the joint duty or other active duty assignment. The Sec- retary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1), Oct. 5, 1994, 108 Stat. 2984; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(9), Feb. 10, 1996, 110 Stat. 496; Pub. L. 105–261, div. A, title IV, § 415, Oct. 17, 1998, 112 Stat. 1998; Pub. L. 109–163, div. A, title V, §§ 512, 515(b)(1)(EE), Jan. 6, 2006, 119 Stat. 3232, 3233; Pub. L. 110–417, [div. A], title V, § 526, Oct. 14, 2008, 122 Stat. 4448; Pub. L. 111–84, div. A, title V, § 502(h), Oct. 28, 2009, 123 Stat. 2276; Pub. L. 111–383, div. A, title V, § 511, Jan. 7, 2011, 124 Stat. 4210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3218, 5457(a), 5458(a), and 8218 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3). AMENDMENTS 2011—Subsec. (c)(2) to (5). Pub. L. 111–383 redesignated par. (4) as (2) and struck out former pars. (2), (3), and (5).

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