10-U.S.C.-12005

10-U.S.C.-12005

§12005 – Strength In Grade: Commissioned officers In Grades Below Brigadier General Or Rear Admiral (Lower Half) In An Active Status

Pathway

Title 10 > Subtitle E > Part II > Chapter 1201 > Section 12005

Details

  • Reference: Section 12005
  • Legend: §12005 – Strength In Grade: Commissioned officers In Grades Below Brigadier General Or Rear Admiral (Lower Half) In An Active Status
  • USCode Year: 2013

Provision Content

(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 officers 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.

(Added Pub. L. 103–337, div. A, title XVI, §1662(a)(1), Oct. 5, 1994, 108 Stat. 2985; amended Pub. L. 106–398, §1 [[div. A], title IV, §423], Oct. 30, 2000, 114 Stat. 1654, 1654A–96; Pub. L. 108–375, div. A, title V, §504, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 109–163, div. A, title V, §515(b)(1)(FF), Jan. 6, 2006, 119 Stat. 3233.)

Prior Provisions

Provisions similar to those in this section were contained in sections 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).

U.S. Encyclopedia of Law Coverage

10-U.S.C.-10506 in the Legal Encyclopedia: Army Reserve

In this entry about 10-U.S.C.-10506, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.

10-U.S.C.-5453 in the Legal Encyclopedia: Distribution in Grade

In this entry about 10-U.S.C.-5453, find legal reference material, bibliographies and premiere content related to distribution in grade in the American Encyclopedia of Law, presenting a comprehensive view of the United States distribution in grade-specific issues, written by authorities in the field.

Title 10 – Armed Forces in the Legal Encyclopedia: Army Reserve Personnel

In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.

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