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Title 10 — Armed ForcesRelease 119-73not60

§12004 Strength in Grade: Reserve General and Flag Officers in an Active Status

Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE › § 12004

Last updated Apr 3, 2026|Official source

Summary

Sets the maximum number of reserve general and flag officers who can be on active duty: Army 207, Air Force 157, Navy 48 (these are for rear admiral lower half and rear admiral), and Marine Corps 10. Some officers are not counted against those limits. For the Army and Air Force, that includes state adjutants general and assistant adjutants general, those in the National Guard Bureau, officers counted under section 526, and officers on joint duty assignments (but joint-duty exclusions can’t be more than 20% of that service’s authorized number). For the Navy and Marine Corps, officers counted under section 526 and those on joint duty are also excluded, with the same 20% cap. For the Navy, no more than 50% of the active-status officers authorized here may be in the grade of rear admiral. Army and Air Force reserve generals cannot be lowered in rank just because the allowed number is cut. Navy and Marine Corps reserve officers cannot be reduced in permanent grade for that reason either. If an officer leaves a joint or other active-duty assignment, the limits don’t apply for 60 days after they leave. The Secretary of Defense can allow one 120-day extension, but no more than three officers from each reserve component can have that extension at the same time.

Full Legal Text

Title 10, §12004

Armed Forces — Source: USLM XML via OLRC

(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.
(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.
(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 this section:
(1)Those counted under section 526 of this title.
(2)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 Marine Corps in subsection (a).
(e)(1)A reserve general officer of the Army or Air Force may not be reduced in grade because of a reduction in the number of general officers authorized under subsection (a).
(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.
(f)The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 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). Former pars. (2) and (3) specified the distribution of Navy reserve officers authorized by subsection (a), and former par. (5) specified the Medical Department staff corps for purposes of par. (1). 2009—Subsec. (f). Pub. L. 111–84 added subsec. (f). 2008—Subsec. (b)(4). Pub. L. 110–417, § 526(a), added par. (4). Subsec. (c). Pub. L. 110–417, § 526(b), added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, and in introductory provisions of par. (2) substituted “Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:” for “The authorized strength of the Navy under subsection (a) is exclusive of officers counted under section 526 of this title. Of the number authorized under subsection (a), 40 are distributed among the line and the staff corps as follows:”. Subsec. (d). Pub. L. 110–417, § 526(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The authorized strength of the Marine Corps under subsection (a) is exclusive of those counted under section 526 of this title.” 2006—Subsec. (c)(1). Pub. L. 109–163, § 512(a), (b), (d), substituted “40” for “39” in introductory provisions and “33” for “28” and “5” for “9” in table. Subsec. (c)(2)(A). Pub. L. 109–163, § 512(c), substituted “six” for “seven”. Subsec. (e)(2). Pub. L. 109–163, § 515(b)(1)(EE), substituted “Navy Reserve” for “Naval Reserve”. 1998—Subsec. (c)(1). Pub. L. 105–261, § 415(1), in table, inserted item relating to Medical Department staff corps and struck out items relating to Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps. Subsec. (c)(4). Pub. L. 105–261, § 415(2), added par. (4). 1996—Subsec. (a). Pub. L. 104–106 substituted “active status, are” for “active-status, are”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12004

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60