10 U.S.C. § 7110 — Regular Army: strength in grade; general

Page 3000 TITLE 10—ARMED FORCES § 7101 United States’’ in item 3212, and added items 3217 to 3220 and 3230. 1957—Pub. L. 85–155, title I, § 101(6), Aug. 21, 1957, 71 Stat. 376, substituted ‘‘Army Medical Specialist Corps’’ for ‘‘Women’s Medical Specialist Corps’’ in item 3207. § 7101. Officers on active duty: minimum strength based on requirements (a) The Secretary of the Army shall ensure that the strength at the end of each fiscal year of officers on active duty is sufficient to enable the Army to meet at least that percentage of the programmed manpower structure for officers for the active component of the Army that is provided for in the most recent Defense Plan- ning Guidance issued by the Secretary of De- fense. (b) The number of officers on active duty shall be counted for purposes of this section in the same manner as applies under section 115(a)(1) of this title. (c) In this section: (1) The term ‘‘programmed manpower struc- ture’’ means the aggregation of billets describ- ing the full manpower requirements for units and organizations in the programmed force structure. (2) The term ‘‘programmed force structure’’ means the set of units and organizations that exist in the current year and that is planned to exist in each future year under the then- current Future-Years Defense Program. (Added Pub. L. 104–106, div. A, title V, § 505(a)(1), Feb. 10, 1996, 110 Stat. 295, § 3201; amended Pub. L. 112–239, div. A, title X, § 1076(f)(37), Jan. 2, 2013, 126 Stat. 1954; renumbered § 7101, Pub. L. 115–232, div. A, title VIII, § 808(b)(1), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes PRIOR PROVISIONS A prior section 7101 was renumbered section 8591 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3201 of this title as this section. 2013—Subsec. (a). Pub. L. 112–239 struck out ‘‘(begin- ning with fiscal year 1999)’’ after ‘‘shall ensure that’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. ASSISTANCE IN ACCOMPLISHING REQUIREMENT Pub. L. 104–106, div. A, title V, § 505(b), Feb. 10, 1996, 110 Stat. 296, as amended by Pub. L. 115–232, div. A, title VIII, § 809(b)(5), Aug. 13, 2018, 132 Stat. 1840, provided that: ‘‘The Secretary of Defense shall provide to the Army sufficient personnel and financial resources to enable the Army to meet the requirement specified in section 7101 of title 10, United States Code, as added by subsection (a).’’ § 7102. Congressional notification of significant Army force structure changes (a) NOTIFICATION REQUIRED.—Except as pro- vided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. (b) CONTENTS.—A notification required under subsection (a) shall include each of the fol- lowing: (1) The justification for the planned change. (2) A description of the details of the planned change and timing for implementa- tion. (3) A description of the operational implica- tions of the planned change. (4) The estimated costs of such change. (c) EXCEPTION.—The notification requirement under subsection (a) shall not apply if the Sec- retary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be imple- mented immediately for reasons of military ur- gency. (d) DEFINITION OF SIGNIFICANT CHANGE TO ARMY FORCE STRUCTURE.—In this section, the term ‘‘significant change to Army force struc- ture’’ means— (1) a change in the number, type, or compo- nent of brigade-level organizations or higher- echelon headquarters; (2) a change in the number or component of theater-level capabilities, such as a multi-do- main task force, Terminal High Altitude Area Defense, long range fires unit, or head- quarters; or (3) a permanent or temporary activation or inactivation of an experimental unit or bri- gade-size or higher task force. (Added Pub. L. 117–81, div. A, title X, § 1044(a)(1), Dec. 27, 2021, 135 Stat. 1904.) Editorial Notes PRIOR PROVISIONS Prior sections 7102 to 7104 were renumbered sections 8592 to 8594 of this title, respectively. § 7110. Regular Army: strength in grade; general officers (a) Subject to section 526 of this title, the au- thorized strength of the Regular Army in gen- eral officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Army in commissioned officers on the active-duty list. (b) The authorized strength of each of the fol- lowing branches— (1) each corps of the Army Medical Depart- ment; and (2) the Chaplains; in general officers on the active-duty list of the Regular Army is 5/1,000 of the authorized strength of the branch concerned in commis- sioned officers on the active-duty list of the Regular Army. Not more than one-half of the authorized strength in general officers in such a branch may be in a regular grade above briga- dier general. (c) When the application of the percentages and ratios specified in this section results in a fraction, a fraction of one-half or more is count- ed as one, and a fraction of less than one-half is disregarded. Page 3001 TITLE 10—ARMED FORCES § 7110 (Aug. 10, 1956, ch. 1041, 70A Stat. 174, § 3210; Pub. L. 85–861, § 1(66), Sept. 2, 1958, 72 Stat. 1463; Pub. L. 89–603, § 1(2), Sept. 24, 1966, 80 Stat. 846; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title V, § 502(5), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97–22, § 5(b), July 10, 1981, 95 Stat. 128; Pub. L. 102–190, div. A, title X, § 1061(a)(20)(A), Dec. 5, 1991, 105 Stat. 1473; renumbered § 7110, Pub. L. 115–232, div. A, title VIII, § 808(b)(1), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3210(a) ..... 10:506a(a) (words before 1st semicolon). Aug. 7, 1947, ch. 512, § 503(a), 61 Stat. 885. 3210(b) ..... 3210(c) ..... 10:506a(a) (less words be- fore 1st semicolon, and less provisos). 10:61–1 (1st sentence, as applicable to strength). June 28, 1950, ch. 383, § 308 (1st sentence, as applicable to strength), 64 Stat. 270. 10:506a(a) (1st, 2d, and 3d provisos). 3210(d) ..... 10:506a(a) (4th proviso). 3210(e) ..... 10:506a(a) (last proviso). As enacted, section 503(a) of the Officer Personnel Act of 1947 (10:506a(a)), provided, subject to certain percent- age limitations, for the following authorized strength of the Regular Army in general officers on the active list: Medical Corps ...................................................... 16 Dental Corps ........................................................ 4 Veterinary Corps ................................................. 1 The Chaplains ...................................................... 2 Army, exclusive of the above .............................. 334 Total ........................................................... 357 Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 626c(e)), allocations of those authorized strengths were made between the Army and the Air Force as follows: Army Air Force Medical Corps ......................................... 12 4 Dental Corps ........................................... 3 1 Veterinary Corps .................................... 1 0 The Chaplains ......................................... 1 1 Army and Air Force, exclusive of the above .................................................... 184 150 Total .............................................. 201 156 After the enactment of the Officer Personnel Act of 1947, section 308 of the Army Organization Act of 1950 (10:61–1) provided for an Assistant Judge Advocate Gen- eral and three brigadier generals in the Judge Advocate General’s Corps of the Army. The creation of these four general officer spaces served to increase the mentioned authorized strength figure from 357 to 361, and the fig- ure 201 to 205. The opinion of the Judge Advocate Gen- eral of the Army (JAGA 1948/5806, 2 Sept. 1948) is in ac- cord with that conclusion. The revised section reflects the authorized strength of the Regular Army in general officers on the active list resulting from the mentioned allocation to the Air Force and the addition of four general officer spaces in the Judge Advocate General’s Corps. That allocation, and those mentioned in the expla- nation of [former] subsection (c), below, have had the force of law since July 26, 1950, when the period for transfers, including the administrative authority to change these allocations, expired. The word ‘‘regular’’ is substituted for the word ‘‘per- manent’’ throughout the revised section. In subsection (c), 10:506a(a) (1st proviso) is omitted, since there is no authority to appoint to a Regular grade above major general. 10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the declaration of a national emergency on December 16, 1950. In subsection (c)(1), the figures ‘‘12’’ and ‘‘6’’ result from the allocation of the original figures ‘‘16’’ and ‘‘8’’. In subsection (c)(2), the figures ‘‘3’’ and ‘‘2’’ result from the allocation of the original figures ‘‘4’’ and ‘‘2’’. In subsection (c)(3), the figure ‘‘1’’ results from the allocation of the original figure ‘‘1’’. None was allo- cated to the Air Force. In subsection (c)(4), the figure ‘‘1’’ results from the allocation of the original figures ‘‘2’’ and ‘‘1’’. (The major general was allocated to the Army, the brigadier general to the Air Force.) In subsection (c)(5), the figures ‘‘188’’ and ‘‘94’’ result from the allocation of the original figures ‘‘334’’ and ‘‘167’’. The allocation of 188 corresponds to the allot- ment made by the Secretary of War between the Air Corps and the Army exclusive of the Air Corps, the Medical Department, and the Chaplains, under 10:506a(a) (3d proviso). That proviso is omitted as exe- cuted. In subsection (e), the words ‘‘by law to hold any civil office under the United States’’ are substituted for the words ‘‘by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government’’. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3210(a) ..... 10 App.:506a(a)(1) (less 3d, 4th, 5th, and last sen- tences). July 20, 1956, ch. 646, § 302 (1st par.), 70 Stat. 587. 3210(b) ..... 10 App.:506a(a)(1) (3d and 4th sentences). 3210(c) ..... 10 App.:506a(a)(1) (5th sentence). 3210(d) ..... 10 App.:506a(a)(1) (last sentence). In subsection (a), the words ‘‘Subject to section 3202(a) of this title’’ are inserted for clarity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3210 of this title as this section. 1991—Subsec. (a). Pub. L. 102–190 substituted ‘‘section 526’’ for ‘‘section 3202(a)’’. 1981—Subsec. (a). Pub. L. 97–22 struck out ‘‘, exclusive of the number authorized for the Army Medical Department and the Chaplains,’’ before ‘‘is 75/ 10,000’’. Pub. L. 97–22, which directed amendment of subsec. (a) by striking out ‘‘, exclusive of the number of com- missioned officers on the active-duty list authorized for the Army Medical Department and the Chaplains’’, was executed by striking out ‘‘, exclusive of the number of commissioned officers on the active list authorized for the Army Medical Department and the Chaplains’’ be- fore period at end of first sentence, to reflect the prob- able intent of Congress. See 1980 Amendment note and Effective Date of 1980 Amendment note below. 1980—Subsec. (a). Pub. L. 96–513, § 502(5)(A), (B), sub- stituted ‘‘active-duty list’’ for ‘‘active list’’ wherever appearing and struck out provisions that, of the au- thorized strength, not more than one-half could be in a regular grade above brigadier general. Subsec. (b). Pub. L. 96–513, § 502(5)(A), (C), substituted ‘‘active-duty list’’ for ‘‘active list’’ wherever appearing and substituted paragraphed references to ‘‘(1) each corps of the Army Medical Department’’ and ‘‘(2) the Chaplains’’ for former paragraphed references to ‘‘(1) The Medical Corps’’, ‘‘(2) the Dental Corps’’, ‘‘(3) the Veterinary Corps’’, and ‘‘(4) the Chaplains’’. Subsecs. (d), (e). Pub. L. 96–513, § 502(5)(D), struck out subsec. (d) which provided that general officers on the active list of the Regular Army who were specifically authorized by law to hold a civil office under the Page 3002 TITLE 10—ARMED FORCES § 7131 United States or any instrumentality thereof were not counted in determining authorized strength under this section and subsec. (e) which had provided that the au- thorized strength of the Medical Service Corps in gen- eral officers on the active list of the Regular Army was one commissioned officer in the regular grade of briga- dier general. 1968—Subsec. (a). Pub. L. 90–329 substituted ‘‘Army Medical Department’’ for ‘‘Army Medical Service’’ in two places. 1966—Subsec. (e). Pub. L. 89–603 added subsec. (e). 1958—Subsec. (a). Pub. L. 85–861, § 1(66)(A), substituted ‘‘Subject to section 3202(a) of this title, the’’ for ‘‘The’’. Subsecs. (c) to (e). Pub. L. 85–861, § 1(66)(B), struck out subsec. (c) which prescribed the number of general offi- cers authorized for the active list of the Regular Army, and redesignated subsecs. (d) and (e) as (c) and (d), re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. CHAPTER 713—ENLISTMENTS Sec. 7131. Definition. 7138. Regular Army: reenlistment after service as an officer. 7142. Army: percentage of high-school graduates. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 333 of this title as this chapter and items 3251, 3258, and 3262 as 7131, 7138, and 7142, respectively. 2015—Pub. L. 114–92, div. A, title VI, § 618(b), Nov. 25, 2015, 129 Stat. 841, struck out item 3252 ‘‘Bonus to en- courage Army personnel to refer persons for enlistment in the Army’’. 2008—Pub. L. 110–181, div. A, title VI, § 671(a)(2), Jan. 28, 2008, 122 Stat. 182, added item 3252. 2006—Pub. L. 109–163, div. A, title V, § 542(b)(2), Jan. 6, 2006, 119 Stat. 3253, struck out item 3253 ‘‘Army: persons not qualified’’. 2002—Pub. L. 107–314, div. A, title V, § 531(c), Dec. 2, 2002, 116 Stat. 2544, struck out item 3264 ‘‘18-month en- listment pilot program’’. 2001—Pub. L. 107–107, div. A, title V, § 541(a)(2), Dec. 28, 2001, 115 Stat. 1110, added item 3264. 1994—Pub. L. 103–337, div. A, title XVI, § 1672(b)(3), Oct. 5, 1994, 108 Stat. 3015, struck out items 3259 ‘‘Army Reserve: transfer from Army National Guard of United States’’, 3260 ‘‘Army Reserve: transfer to upon with- drawal as member of Army National Guard’’, and 3261 ‘‘Army National Guard of United States’’. 1986—Pub. L. 99–661, div. A, title IV, § 402(b), Nov. 14, 1986, 100 Stat. 3859, added item 3262. 1968—Pub. L. 90–235, § 2(a)(2)(C), Jan. 2, 1968, 81 Stat. 756, struck out item 3252 ‘‘Temporary enlistments’’, item 3254 ‘‘Army: during war or emergency’’, item 3255 ‘‘Regular Army: recruiting campaigns’’, item 3256 ‘‘Regular Army: qualifications, term, grade’’, item 3262 ‘‘Extension of enlistment for members needing medical care or hospitalization’’, and item 3263 ‘‘Voluntary ex- tension of enlistment’’. 1958—Pub. L. 85–861, § 1(71)(C), Sept. 2, 1958, 72 Stat. 1465, added item 3263. § 7131. Definition In this chapter, the term ‘‘enlistment’’ means original enlistment or reenlistment. (Aug. 10, 1956, ch. 1041, 70A Stat. 177, § 3251; Pub. L. 100–180, div. A, title XII, § 1231(19)(A), Dec. 4, 1987, 101 Stat. 1161; renumbered § 7131, Pub. L. 115–232, div. A, title VIII, § 808(b)(2), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3251 ......... [No source]. [No source]. The revised section is inserted for clarity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3251 of this title as this section. 1987—Pub. L. 100–180 inserted ‘‘, the term’’ after ‘‘In this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7138. Regular Army: reenlistment after service as an officer (a) Any former enlisted member of the Regular Army who has served on active duty as an offi- cer of the Army, or who was discharged as an en- listed member to accept an appointment as an officer of the Army, is entitled to be reenlisted in the Regular Army in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its in- ception in line of duty, if (1) his service as an of- ficer is terminated by an honorable discharge or he is relieved from active duty for a purpose other than to await appellate review of a sen- tence that includes dismissal or dishonorable discharge, and (2) he applies for reenlistment within six months (or such other period as the Secretary of the Army prescribes for exceptional circumstances) after termination of that serv- ice. (b) A person is not entitled to be reenlisted under this section if— (1) the person was discharged or released from active duty as an officer on the basis of a determination of— (A) misconduct; (B) moral or professional dereliction; (C) duty performance below prescribed standards for the grade held; or (D) retention being inconsistent with the interests of national security; or (2) the person’s former enlisted status and grade was based solely on the participation by that person in a precommissioning program that resulted in the commission held by that