10 U.S.C. § 12005: Strength in grade…

Summary

Secretaries of the Army and Air Force decide how many reserve commissioned officers on active status can serve in each rank, but those numbers cannot be higher than set percentage limits of the total force. For the Army the caps are: Colonel 2%, Lieutenant colonel 6%, Major 13%, Captain 35%, First and Second lieutenant combined 44%. For the Air Force the caps are: Colonel 1.8%, Lieutenant colonel 4.6%, Major 14.0%, Captain 32.0%, First and Second lieutenant combined 47.6%. Medical and dental officers are not counted. If a rank has a vacancy, it may be filled by appointing someone in a lower rank. The Navy Reserve and Marine Corps Reserve also have percent limits. Navy line officer caps: Captain 1.5%, Commander 7%, Lieutenant commander 22%, Lieutenant 37%, Lieutenant (junior grade) and Ensign combined 32.5%. Marine officer caps: Colonel 2%, Lieutenant colonel 8%, Major 16%, Captain 39%, First and Second lieutenant combined 35%. If a grade actually has fewer officers than its cap, the unused slots can be shifted down to lower grades. Army and Air Force officers cannot be reduced in rank because authorized numbers fall, and Navy and Marine officers cannot be reduced in permanent grade for that reason.

Title 10, §12005

Armed Forces, Source: USLM XML via OLRC

(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 that is specified for that grade as follows:

Grade | Army percentage | Air Force percentage

Colonel | 2 | 1.8

Lieutenant colonel | 6 | 4.6

Major | 13 | 14.0

Captain | 35 | 32.0

First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) | 44 | 47.6

(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:

Captain | 1.5 percent

Commander | 7 percent

Lieutenant commander | 22 percent

Lieutenant | 37 percent

Lieutenant (junior grade) and ensign (when combined with the number authorized for flag officer grades under section 12004 of this title) | 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:

Colonel | 2 percent

Lieutenant colonel | 8 percent

Major | 16 percent

Captain | 39 percent

First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title) | 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3219, 5457(b)–(d), 5458(b)–(d), and 8219 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).

Amendments

2006—Subsec. (b)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in introductory provisions. Subsec. (d)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 2004—Subsec. (c)(1). Pub. L. 108–375 amended table generally, increasing percentages of authorized number of officers in grades other than colonel. 2000—Subsec. (a)(3). Pub. L. 106–398 added par. (3).

Statutory Notes and Related Subsidiaries

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.

§12005 Strength in Grade: Commissioned Officers in Grades Below Brigadier General or Rear Admiral (lower Half) in an Active Status