
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: 10USC3210]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                          CHAPTER 331--STRENGTH
 
Sec. 3210. Regular Army: strength in grade; general officers

    (a) Subject to section 526 of this title, the authorized strength of 
the Regular Army in general officers on the active-duty list is 75/
10,000 of the authorized strength of the Regular Army in commission 
officers on the active-duty list.
    (b) The authorized strength of each of the following branches--
        (1) each corps of the Army Medical Department; and
        (2) the Chaplains;

in general officers on the active-duty list of the Regular Army is 5/
1,000 of the authorized strength of the branch concerned in commissioned 
officers on the active-duty list of the Regular Army. Not more than one-
half of the authorized strength in general officers in such a branch may 
be in a regular grade above brigadier general.
    (c) When the application of the percentages and ratios specified in 
this section results in a fraction, a fraction of one-half or more is 
counted as one, and a fraction of less than one-half is disregarded.

(Aug. 10, 1956, ch. 1041, 70A Stat. 174; Pub. L. 85-861, Sec. 1(66), 
Sept. 2, 1958, 72 Stat. 1463; Pub. L. 89-603, Sec. 1(2), Sept. 24, 1966, 
80 Stat. 846; Pub. L. 90-329, June 4, 1968, 82 Stat. 170; Pub. L. 96-
513, title V, Sec. 502(5), Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97-22, 
Sec. 5(b), July 10, 1981, 95 Stat. 128; Pub. L. 102-190, div. A, title 
X, Sec. 1061(a)(20)(A), Dec. 5, 1991, 105 Stat. 1473.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3210(a)...............................  10:506a(a) (words before 1st         Au
g. 7, 1947, ch. 512, Sec.
                                         semicolon).                          5
03(a), 61 Stat. 885.
3210(b)...............................  10:506a(a) (less words before 1st    Ju
ne 28, 1950, ch. 383, Sec.  308
                                         semicolon, and less provisos).       (
1st sentence, as applicable to
                                        10:61-1 (1st sentence, as             s
trength), 64 Stat. 270.
3210(c)...............................   applicable to strength).
                                        10:506a(a) (1st, 2d, and 3d
                                         provisos).
3210(d)...............................  10:506a(a) (4th proviso).
3210(e)...............................  10:506a(a) (last proviso).
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---------------------------------

    As enacted, section 503(a) of the Officer Personnel Act of 1947 
(10:506a(a)), provided, subject to certain percentage limitations, for 
the following authorized strength of the Regular Army in general 
officers on the active list:




Medical Corps...................................................      16
Dental Corps....................................................       4
Veterinary Corps................................................       1
The Chaplains...................................................       2
Army, exclusive of the above....................................     334
                                                                 -------
      Total.....................................................     357


    Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 
626c(e)), allocations of those authorized strengths were made between 
the Army and the Air Force as follows:


                                                                   Air
                                                          Army    Force

Medical Corps..........................................      12        4
Dental Corps...........................................       3        1
Veterinary Corps.......................................       1        0
The Chaplains..........................................       1        1
Army and Air Force, exclusive of the above.............     184      150
                                                        ----------------
      Total............................................     201      156


    After the enactment of the Officer Personnel Act of 1947, section 
308 of the Army Organization Act of 1950 (10:61-1) provided for an 
Assistant Judge Advocate General and three brigadier generals in the 
Judge Advocate General's Corps of the Army. The creation of these four 
general officer spaces served to increase the mentioned authorized 
strength figure from 357 to 361, and the figure 201 to 205. The opinion 
of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) 
is in accord with that conclusion.
    The revised section reflects the authorized strength of the Regular 
Army in general officers on the active list resulting from the mentioned 
allocation to the Air Force and the addition of four general officer 
spaces in the Judge Advocate General's Corps.
    That allocation, and those mentioned in the explanation of [former] 
subsection (c), below, have had the force of law since July 26, 1950, 
when the period for transfers, including the administrative authority to 
change these allocations, expired.
    The word ``regular'' is substituted for the word ``permanent'' 
throughout the revised section.
    In subsection (c), 10:506a(a) (1st proviso) is omitted, since there 
is no authority to appoint to a Regular grade above major general. 
10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the 
declaration of a national emergency on December 16, 1950.
    In subsection (c)(1), the figures ``12'' and ``6'' result from the 
allocation of the original figures ``16'' and ``8''.
    In subsection (c)(2), the figures ``3'' and ``2'' result from the 
allocation of the original figures ``4'' and ``2''.
    In subsection (c)(3), the figure ``1'' results from the allocation 
of the original figure ``1''. None was allocated to the Air Force.
    In subsection (c)(4), the figure ``1'' results from the allocation 
of the original figures ``2'' and ``1''. (The major general was 
allocated to the Army, the brigadier general to the Air Force.)
    In subsection (c)(5), the figures ``188'' and ``94'' result from the 
allocation of the original figures ``334'' and ``167''. The allocation 
of 188 corresponds to the allotment made by the Secretary of War between 
the Air Corps and the Army exclusive of the Air Corps, the Medical 
Department, and the Chaplains, under 10:506a(a) (3d proviso). That 
proviso is omitted as executed.
    In subsection (e), the words ``by law to hold any civil office under 
the United States'' are substituted for the words ``by Acts of Congress 
to hold appointments in the Diplomatic or Consular Service of the 
Government or to hold any civil office under the Government''.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3210(a)...............................  10 App.:506a(a)(1) (less 3d, 4th,    Ju
ly 20, 1956, ch. 646, Sec.  302
                                         5th, and last sentences).            (
1st par.), 70 Stat. 587.
3210(b)...............................  10 App.:506a(a)(1) (3d and 4th
                                         sentences).
3210(c)...............................  10 App.:506a(a)(1) (5th sentence).
3210(d)...............................  10 App.:506a(a)(1) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Subject to section 3202(a) of this 
title'' are inserted for clarity.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-190 substituted ``section 526'' for 
``section 3202(a)''.
    1981--Subsec. (a). Pub. L. 97-22 substituted ``general officers on 
the active-duty list is 75/10,000 of the authorized strength of the 
Regular Army in commissioned officers on the active-duty list'' for 
``general officers on the active-duty list, exclusive of the number 
authorized for the Army Medical Department and the Chaplains, is 75/
10,000 of the authorized strength of the Regular Army in commissioned 
officers on the active-duty list, exclusive of the number of 
commissioned officers on the active-duty list authorized for the Army 
Medical Department and the Chaplains''.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 502(5)(A), (B), substituted 
``active-duty list'' for ``active list'' wherever appearing and struck 
out provisions that, of the authorized strength, not more than one-half 
could be in a regular grade above brigadier general.
    Subsec. (b). Pub. L. 96-513, Sec. 502(5)(A), (C), substituted 
``active-duty list'' for ``active list'' wherever appearing and 
substituted paragraphed references to ``(1) each corps of the Army 
Medical Department'' and ``(2) the Chaplains'' for former paragraphed 
references to ``(1) The Medical Corps'', ``(2) the Dental Corps'', ``(3) 
the Veterinary Corps'', and ``(4) the Chaplains''.
    Subsecs. (d), (e). Pub. L. 96-513, Sec. 502(5)(D), struck out 
subsec. (d) which provided that general officers on the active list of 
the Regular Army who were specifically authorized by law to hold a civil 
office under the United States or any instrumentality thereof were not 
counted in determining authorized strength under this section and 
subsec. (e) which had provided that the authorized strength of the 
Medical Service Corps in general officers on the active list of the 
Regular Army was one commissioned officer in the regular grade of 
brigadier general.
    1968--Subsec. (a). Pub. L. 90-329 substituted ``Army Medical 
Department'' for ``Army Medical Service''.
    1966--Subsec. (e). Pub. L. 89-603 added subsec. (e).
    1958--Subsec. (a). Pub. L. 85-861, Sec. 1(66)(A), substituted 
``Subject to section 3202(a) of this title, the'' for ``The''.
    Subsecs. (c) to (e). Pub. L. 85-861, Sec. 1(66)(B), struck out 
subsec. (c) which prescribed the number of general officers authorized 
for the active list of the Regular Army, and redesignated subsecs. (d) 
and (e) as (c) and (d), respectively.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Sept. 15, 1981, see section 
701 of Pub. L. 96-513, set out as a note under section 101 of this 
title.
