
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12005]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
      CHAPTER 1201--AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
 
Sec. 12005. Strength in grade: commissioned officers in grades 
        below brigadier general or rear admiral (lower half) in an 
        active status
        
    (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:

------------------------------------------------------------------------
                                                     Army      Air Force
                      Grade                       percentage  percentage
------------------------------------------------------------------------
Colonel.........................................       2          1.8
Lieutenant colonel..............................       6          4.6
Major...........................................      13         14.0
Captain.........................................      35         32.0
First lieutenant and second lieutenant (when          44         47.6
 combined with the number authorized for general
 officer grades under section 12004 of this
 title).........................................
------------------------------------------------------------------------

    (3) Medical officers and dental officers shall not be counted for 
the purposes of this subsection.
    (b)(1) The authorized strengths of the Naval 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        32.5 percent.
 with the number authorized for flag officer grades
 under section 12004 of this title)...................


    (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....................................     6   percent
Major.................................................    12   percent
Captain...............................................    35   percent
First lieutenant and second lieutenant (when combined      32.5 percent.
 with the number authorized for general officer grades
 under section 12004 of this title)...................


    (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 Naval 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, Sec. 1662(a)(1), Oct. 5, 
1994, 108 Stat. 2985; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
IV, Sec. 423], Oct. 30, 2000, 114 Stat. 1654, 1654A-96.)


                            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, Sec. 1662(a)(3).


                               Amendments

    2000--Subsec. (a)(3). Pub. L. 106-398 added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in section 12006 of this title.
