CHAPTER 1201 - AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
Title 10 > CHAPTER 1201
Sections (12)
§ 12001 Authorized strengths: reserve components
(a) Whenever the authorized strength of a reserve component (other than the Coast Guard Reserve) is not prescribed by law, it shall be prescribed by the President.
(b) Subject to the authorized strength of the reserve component concerned, the authorized strength of each reserve component (other than the Coast Guard Reserve) in members in each grade is that which the Secretary concerned determines to be necessary to provide for mobilization requirements. The Secretary shall review these determinations at least once each year and revise them if he considers it necessary. However, a member of the reserve component concerned may not, as a result of such a determination, be reduced in the member’s reserve grade without the member’s consent.
§ 12002 Authorized strengths: Army and Air Force reserve components, exclusive of members on active duty
(a) The authorized strengths of the National Guard and the reserve components of the Army and the Air Force, exclusive of members who are included in the strengths authorized for members of the Army and Air Force, respectively, on active duty, are as follows: Army National Guard and the Army National Guard of the United States 600,000 Army Reserve 980,000 Air National Guard and the Air National Guard of the United States 150,000 Air Force Reserve 500,000.
(b) The strength authorized by this section for the Army National Guard and the Army National Guard of the United States, and the strength authorized by this section for the Air National Guard and the Air National Guard of the United States, shall be allocated among the States.
§ 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: Army 275,000 Air Force 200,000 Navy 150,000 Marine Corps 24,500.
(b) The authorized strengths prescribed by subsection (a) may not be exceeded unless— the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or the excess results directly from the operation of a nondiscretionary provision of law.
§ 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: Army 207 Air Force 157 Navy 48 Marine Corps 10.
(b) The following Army and Air Force reserve officers shall not be counted for purposes of this section: Those serving as adjutants general or assistant adjutants general of a State. Those serving in the National Guard Bureau. Those counted under section 526 of this title . 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) The following Navy reserve officers shall not be counted for purposes of this section: Those counted under section 526 of this title . 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). 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: Those counted under section 526 of this title . 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) 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). 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.
§ 12005 Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status
(a) 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. 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 Medical officers and dental officers shall not be counted for the purposes of this subsection.
(b) 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. 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) 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. 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) 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. 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.
§ 12006 Strength limitations: authority to waive in time of war or national emergency
(a) In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of section 12003, 12004, or 12005 of this title. So long as any such war or national emergency continues, any such suspension may be extended by the President.
(b) Any suspension under subsection (a) shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act ( 50 U.S.C. 1621 , 1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of termination of the emergency.
§ 12007 Reserve officers of the Army: distribution
The Secretary of the Army shall distribute the number of reserve commissioned officers, other than commissioned warrant officers, authorized in each commissioned grade between those assigned to reserve units organized to serve as units and those not assigned to such units. The Secretary shall distribute the number who are assigned to reserve units organized to serve as units among the units of each reserve component by prescribing appropriate tables of organization and tables of distribution. The Secretary shall distribute the number who are not assigned to such units between— each special branch; and all other branches taken together. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1) , Oct. 5, 1994 , 108 Stat. 2986 .)
§ 12008 Army Reserve and Air Force Reserve: warrant officers
The Secretary of the Army may prescribe the authorized strength of the Army Reserve in warrant officers. The Secretary of the Air Force may prescribe the authorized strength of the Air Force Reserve in warrant officers. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1) , Oct. 5, 1994 , 108 Stat. 2987 .)
§ 12009 Army and Air Force reserve components: temporary increases
(a) The authorized strength in any reserve grade, as prescribed under this chapter, for any reserve component under the jurisdiction of the Secretary of the Army or the Secretary of the Air Force is automatically increased to the minimum extent necessary to give effect to each appointment made in that grade under section 1211(a), 7036, 14304(b), 14314, or 14317 of this title.
(b) An authorized strength so increased is increased for no other purpose. While an officer holds that grade, the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under those sections, may be made in that grade.
§ 12010 Computations for Navy Reserve and Marine Corps Reserve: rule when fraction occurs in final result
When there is a fraction in the final result of any computation under this chapter for the Navy Reserve or the Marine Corps Reserve, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded. (Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1) , Oct. 5, 1994 , 108 Stat. 2987 ; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(GG) , (3)(I), Jan. 6, 2006 , 119 Stat. 3233 , 3234.)
§ 12011 Authorized strengths: reserve officers on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
(a) Limitations.— Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty: Number of officers of that reserve component who may be serving in the grade of: Major Lieutenant Colonel Colonel Army Reserve: 10,000 1,390 740 230 11,000 1,529 803 242 12,000 1,668 864 252 13,000 1,804 924 262 14,000 1,940 984 272 15,000 2,075 1,044 282 16,000 2,210 1,104 291 17,000 2,345 1,164 300 18,000 2,479 1,223 309 19,000 2,613 1,282 318 20,000 2,747 1,341 327 21,000 2,877 1,400 336 Army National Guard: 20,000 1,500 850 325 22,000 1,650 930 350 24,000 1,790 1,010 378 26,000 1,930 1,085 395 28,000 2,070 1,168 420 30,000 2,200 1,245 445 32,000 2,330 1,315 460 34,000 2,450 1,385 470 36,000 2,570 1,455 480 38,000 2,670 1,527 490 40,000 2,770 1,590 500 42,000 2,837 1,655 505 Marine Corps Reserve: 1,000 99 63 20 1,200 103 67 21 1,300 107 70 22 1,400 111 73 23 1,500 114 76 24 1,600 117 79 25 1,700 120 82 26 1,800 123 85 27 1,900 126 88 28 2,000 129 91 29 2,100 132 94 30 2,200 134 97 31 2,300 136 100 32 2,400 143 105 34 2,500 149 109 35 2,600 155 113 36 2,700 161 118 37 2,800 167 122 39 2,900 173 126 41 3,000 179 130 42 Air Force Reserve 1,000 166 170 100 1,500 245 251 143 2,000 322 330 182 2,500 396 406 216 3,000 467 479 246 3,500 536 550 271 4,000 602 618 292 4,500 665 683 308 5,000 726 746 320 5,500 784 806 325 6,000 840 864 327 7,000 962 990 347 8,000 1,087 1,110 356 10,000 1,322 1,362 395 Air National Guard: 10,000 763 745 333 12,000 915 923 377 14,000 1,065 1,057 402 16,000 1,211 1,185 426 18,000 1,347 1,313 450 20,000 1,463 1,440 468 22,000 1,606 1,569 494 24,000 1,739 1,697 517 26,000 1,872 1,825 539 28,000 2,005 1,954 562 30,000 2,138 2,082 585 32,000 2,271 2,210 608 34,000 2,404 2,338 630 36,000 2,537 2,466 653 38,000 2,670 2,595 676 40,000 2,803 2,723 698 Of the total number of members of the Navy Reserve who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of lieutenant commander, commander, and captain may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of Navy Reserve serving on full-time reserve component duty: Number of officers who may be serving in the grade of: Lieutenant commander Commander Captain 10,000 807 447 141 11,000 867 467 153 12,000 924 485 163 13,000 980 503 173 14,000 1,035 521 183 15,000 1,088 538 193 16,000 1,142 555 203 17,000 1,195 565 213 18,000 1,246 575 223 19,000 1,291 585 233 20,000 1,334 595 242 21,000 1,364 603 250 22,000 1,384 610 258 23,000 1,400 615 265 24,000 1,410 620 270.
(b) Determinations by Interpolation.— If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the appropriate table in paragraph (1) or (2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the same proportion as is reflected in the nearest limit shown in the table.
(c) Reallocations to Lower Grades.— Whenever the number of officers serving in any grade for duty described in subsection (a) 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) Secretarial Waiver.— Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve officers that may be on full-time reserve component duty for a reserve component in a grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for the grade in that table. Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.
(e) Full-Time Reserve Component Duty Defined.— In this section, the term “full-time reserve component duty” means the following duty: Active duty described in sections 10211, 10302, 10303, 10304, 10305, 12310, or 12402 of this title. Full-time National Guard duty (other than for training) under section 502(f) of title 32 , except for duty under section 115(b)(1)(B) and (C) of this title and section 115(i)(9) of this title . Active duty described in section 708 of title 32 .
§ 12012 Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
(a) Limitations.— Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section 10211 or 12310, or on full-time National Guard duty under the authority of section 502(f) of title 32 (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty: Number of members of that reserve component who may be serving in the grade of: E–8 E–9 Army Reserve: 10,000 1,052 154 11,000 1,126 168 12,000 1,195 180 13,000 1,261 191 14,000 1,327 202 15,000 1,391 213 16,000 1,455 224 17,000 1,519 235 18,000 1,583 246 19,000 1,647 257 20,000 1,711 268 21,000 1,775 278 Army National Guard: 20,000 1,650 550 22,000 1,775 615 24,000 1,950 645 26,000 2,100 675 28,000 2,250 715 30,000 2,400 735 32,000 2,500 760 34,000 2,600 780 36,000 2,700 800 38,000 2,800 820 40,000 2,900 830 42,000 3,000 840 Navy Reserve: 10,000 340 143 11,000 364 156 12,000 386 169 13,000 407 182 14,000 423 195 15,000 435 208 16,000 447 221 17,000 459 234 18,000 471 247 19,000 483 260 20,000 495 273 21,000 507 286 22,000 519 299 23,000 531 312 24,000 540 325 Marine Corps Reserve: 1,100 50 11 1,200 55 12 1,300 60 13 1,400 65 14 1,500 70 15 1,600 75 16 1,700 80 17 1,800 85 18 1,900 89 19 2,000 93 20 2,100 96 21 2,200 99 22 2,300 101 23 2,400 106 24 2,500 112 25 2,600 116 26 2,700 121 27 2,800 125 28 2,900 130 29 3,000 134 30 Air Force Reserve: 500 75 40 1,000 145 75 1,500 208 105 2,000 270 130 2,500 325 150 3,000 375 170 3,500 420 190 4,000 460 210 4,500 495 230 5,000 530 250 5,500 565 270 6,000 600 290 7,000 670 330 8,000 740 370 10,000 800 400 Air National Guard: 10,000 1,350 550 12,000 1,466 594 14,000 1,582 636 16,000 1,698 676 18,000 1,814 714 20,000 1,930 752 22,000 2,046 790 24,000 2,162 828 26,000 2,278 866 28,000 2,394 904 30,000 2,510 942 32,000 2,626 980 34,000 2,742 1,018 36,000 2,858 1,056 38,000 2,974 1,094 40,000 3,090 1,132 .
(b) Determinations by Interpolation.— If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.
(c) Reallocations to Lower Grade.— Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) 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 pay grade E–8.
(d) Secretarial Waiver.— Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table. Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.
(e) Full-Time Reserve Component Duty Defined.— In this section, the term “full-time reserve component duty” has the meaning given the term in section 12011(e) of this title .