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10 U.S.C. § 523 — Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

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

10 U.S.C. § 523 — Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

**(a)** (1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: MajorLieutenant ColonelColonel 1 Table heading editorially supplied. Army: 20,0007,7685,2531,613 25,0008,6895,6421,796 30,0009,6116,0301,980 35,00010,5326,4192,163 40,00011,4546,8072,347 45,00012,3757,1962,530 50,00013,2977,5842,713 55,00014,2187,9732,897 60,00015,1408,3613,080 65,00016,0618,7503,264 70,00016,9839,1383,447 75,00017,9039,5273,631 80,00018,8259,9153,814 85,00019,74610,3043,997 90,00020,66810,6924,181 95,00021,58911,0814,364 100,00022,51111,4694,548 110,00024,35412,2464,915 120,00026,19713,0235,281 130,00028,04013,8005,648 170,00035,41216,9087,116 Air Force: 35,0009,2167,0902,125 40,00010,0257,4782,306 45,00010,8357,8662,487 50,00011,6458,2532,668 55,00012,4548,6412,849 60,00013,2649,0293,030 65,00014,0739,4173,211 70,00014,8839,8053,392 75,00015,69310,1933,573 80,00016,50210,5823,754 85,00017,31210,9713,935 90,00018,12111,3604,115 95,00018,93111,7494,296 100,00019,74112,1384,477 105,00020,55012,5274,658 110,00021,36012,9154,838 115,00022,16913,3045,019 120,00022,97913,6925,200 125,00023,78914,0815,381 Marine Corps: 10,0002,8021,615633 12,5003,2471,768658 15,0003,6911,922684 17,5004,1352,076710 20,0004

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Source location: Title 10, Chapter 32, § 523; chapter-032-officer-strength-and-distribution-in-grade.md

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**(a)** (1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: MajorLieutenant ColonelColonel 1 Table heading editorially supplied. Army: 20,0007,7685,2531,613 25,0008,6895,6421,796 30,0009,6116,0301,980 35,00010,5326,4192,163 40,00011,4546,8072,347 45,00012,3757,1962,530 50,00013,2977,5842,713 55,00014,2187,9732,897 60,00015,1408,3613,080 65,00016,0618,7503,264 70,00016,9839,1383,447 75,00017,9039,5273,631 80,00018,8259,9153,814 85,00019,74610,3043,997 90,00020,66810,6924,181 95,00021,58911,0814,364 100,00022,51111,4694,548 110,00024,35412,2464,915 120,00026,19713,0235,281 130,00028,04013,8005,648 170,00035,41216,9087,116 Air Force: 35,0009,2167,0902,125 40,00010,0257,4782,306 45,00010,8357,8662,487 50,00011,6458,2532,668 55,00012,4548,6412,849 60,00013,2649,0293,030 65,00014,0739,4173,211 70,00014,8839,8053,392 75,00015,69310,1933,573 80,00016,50210,5823,754 85,00017,31210,9713,935 90,00018,12111,3604,115 95,00018,93111,7494,296 100,00019,74112,1384,477 105,00020,55012,5274,658 110,00021,36012,9154,838 115,00022,16913,3045,019 120,00022,97913,6925,200 125,00023,78914,0815,381 Marine Corps: 10,0002,8021,615633 12,5003,2471,768658 15,0003,6911,922684 17,5004,1352,076710 20,0004,5792,230736 22,5005,0242,383762 25,0005,4682,537787 Space Force: 1 3,9001,016782234 4,3001,135873262 5,0001,259845315 7,0001,6591,045415 10,0002,2591,345565. (2) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Navy at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of lieutenant commander, commander, and captain may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: Lieutenant CommanderCommanderCaptain Navy: 30,0007,6985,2692,222 33,0008,1895,5012,334 36,0008,6805,7332,447 39,0009,1725,9652,559 42,0009,6636,1972,671 45,00010,1556,4292,784 48,00010,6466,6602,896 51,00011,1366,8893,007 54,00011,6287,1213,120 57,00012,1187,3523,232 60,00012,6097,5833,344 63,00013,1007,8133,457 66,00013,5918,0443,568 70,00014,2458,3523,718 90,00017,5179,8904,467. (3) If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is between any two consecutive figures listed in the first column of the appropriate table in paragraph (1) or (2), the corresponding authorized strengths for each of the grades shown in that table for that armed force are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is greater or less than the figures listed in the first column of the appropriate table in paragraph (1) or (2), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table in the same proportion as reflected in the nearest limit shown in the table. **(b)** Officers in the following categories shall be excluded in computing and determining authorized strengths under this section: (1) Reserve officers— (A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under [section 115(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/i&num=0&edition=prelim); (B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under [section 708 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section708&num=0&edition=prelim); or (C) on full-time National Guard duty. (2) General and flag officers. (3) Medical officers. (4) Dental officers. (5) Warrant officers. (6) Retired officers on active duty under a call or order to active duty for 180 days or less. (7) Retired officers on active duty under section 10(b)(2) of the Military Selective Service Act ([50 U.S.C. 3809(b)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3809/b/2&num=0&edition=prelim)) for the administration of the Selective Service System. (8) Permanent professors of the United States Military Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the Secretary of the Navy), but not to exceed 50 from any such academy. (9) Officers who are Senior Military Acquisition Advisors under [section 1725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1725&num=0&edition=prelim), but not to exceed 15. **(c)** Whenever the number of officers serving in any grade is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for any lower grade. **(d)** An officer may not be reduced in grade, or have his pay or allowances reduced, because of a reduction in the number of commissioned officers authorized for his grade under this section.

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

10 U.S.C. § 12304 — Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency

**(a) Authority.—** Notwithstanding the provisions of section 12302(a) or any other provision of law, when the President determines that it is necessary to augment the active forces or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in [section 10143(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143/a&num=0&edition=prelim)), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 365 consecutive days. **(b) Support for Responses to Certain Emergencies.—** The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving— (1) a use or threatened use of a weapon of mass destruction; or (2) a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property. **(c) Authority Relating to Significant Cyber Incidents.—** When the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a covered incident, such Secretary m

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

10 U.S.C. § 1725 — Senior Military Acquisition Advisors

**(a) Position.—** (1) **In general.—** — The Secretary of Defense may establish in the acquisition workforce a position to be known as “Senior Military Acquisition Advisor”. (2) **Appointment.—** — A Senior Military Acquisition Advisor shall be appointed by the President, by and with the advice and consent of the Senate. (3) **Scope of position.—** — An officer who is appointed as a Senior Military Acquisition Advisor— (A) shall serve as an advisor to, and provide senior level acquisition expertise to, the service acquisition executive of that officer’s military department in accordance with this section; and (B) shall be assigned as an adjunct professor at the Defense Acquisition University. **(b) Continuation on Active Duty.—** An officer who is appointed as a Senior Military Acquisition Advisor may continue on active duty while serving in such position without regard to any mandatory retirement date that would otherwise be applicable to that officer by reason of years of service or age. An officer who is continued on active duty pursuant to this section is not eligible for consideration for selection for promotion. **(c) Retired Grade.—** Upon retirement, an officer who is a Senior Military Acquisition Advisor may, in the discretion of the President, be retired in the grade of brigadier general or rear admiral (lower half) if— (1) the officer has served as a Senior Military Acquisition Advisor for a period of not less than three years; and (2) the officer’s service as a Senior Military Acquisition Advisor has been distinguished. **(d) Selection and Tenure.—** (1) **In general.—** — Selection of an officer for recommendation for appointment as a Senior Military Acquisition Advisor shall be made competitively, and shall be based upon demonstrated experi

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

10 U.S.C. § 611 — Convening of selection boards

**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim). **(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.

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

10 U.S.C. § 517 — Authorized enlisted end strength: members in pay grades E–8 and E–9

**(a)** The authorized end strength for enlisted members on active duty (other than for training) in an armed force in pay grades E–8 and E–9 as of the last day of a fiscal year may not be more than 3.0 percent and 1.25 percent, respectively, of the number of enlisted members of that armed force who are on active duty (other than for training). In computing the limitations prescribed in the preceding sentence, there shall be excluded enlisted members of an armed force on active duty as authorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under [section 115(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section115/i&num=0&edition=prelim). **(b)** Repealed. Pub. L. 116–283, div. A, title IV, § 403(a)(3), Jan. 1, 2021, 134 Stat. 3556.] **(c)** Whenever under [section 527 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section527&num=0&edition=prelim) the President may suspend the operation of any provision of section 523, 525, or 526 of this title, the Secretary of Defense may suspend the operation of any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section.

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

32 U.S.C. § 708 — Property and fiscal officers

**(a)** The Governor of each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and the commanding general of the National Guard of the District of Columbia, shall, in consultation with the Chief of the National Guard Bureau, appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the National Guard of that jurisdiction who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the property and fiscal officer of that jurisdiction. If the officer is not on active duty, the President may order him to active duty, with his consent, to serve as a property and fiscal officer. **(b)** Each property and fiscal officer shall— (1) receipt and account for all funds and property of the United States in the possession of the National Guard for which he is property and fiscal officer; and (2) make returns and reports concerning those funds and that property, as required by the Secretary concerned. **(c)** When he ceases to hold that assignment, a property and fiscal officer resumes his status as an officer of the National Guard. **(d)** The Secretaries shall prescribe a maximum grade, commensurate with the functions and responsibilities of the office, but not above colonel, for the property and fiscal officer of the United States for the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. **(e)** The Secretary of the Army and the Secretary of the Air Force shall prescribe joint regulations necessary to carry out subsections (a)–(d). **(f)** A property and fiscal officer may intrust money to an offi

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

10 U.S.C. § 526 — Authorized strength: general officers and flag officers on active duty

**(a) Limitations.—** The number of general officers on active duty in the Army, Air Force, Marine Corps, and Space Force, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the armed force concerned as follows: (1) For the Army, 219. (2) For the Navy, 150. (3) For the Air Force, 168. (4) For the Marine Corps, 64. (5) For the Space Force, 24. **(b) Limited Exclusion for Joint Duty Requirements.—** (1) **In general.—** — The Secretary of Defense may designate up to 232 general officer and flag officer positions that are joint duty assignments for purposes of chapter 38 of this title for exclusion from the limitations in subsection (a). (2) **Minimum number.—** — Unless the Secretary of Defense determines that a lower number is in the best interest of the Department of Defense, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: (A) For the Army, 75. (B) For the Navy, 53. (C) For the Air Force, 68. (D) For the Marine Corps, 17. (E) For the Space Force, 6. **(c) Exclusion of Certain Officers of Reserve Components and of the Space Force.—** The limitations of this section do not apply to the following: (1) A general or flag officer of a reserve component or of the Space Force who is on active duty— (A) for training; or (B) under a call or order specifying a period of less than 180 days. (2) (A) A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days. (B) The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of of

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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. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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

10 U.S.C. § 20238 — Establishment of promotion zones

**(a) In General.—** Before convening a selection board under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim) to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. **(b) Determination of Number.—** The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section523&num=0&edition=prelim) is applicable, the number of officers authorized for such grade under such section to be on sustained duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.

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

10 U.S.C. § 623 — Establishment of promotion zones

**(a)** Before convening a selection board under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. **(b)** The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which [section 523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section523&num=0&edition=prelim) is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 623

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