§ 523. Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

10 U.S.C. § 523 (N/A)
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Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of who may be serving on in grade of: Major Lieutenant Colonel Colonel Army: 20,000 7,768 5,253 1,613 25,000 8,689 5,642 1,796 30,000 9,611 6,030 1,980 35,000 10,532 6,419 2,163 40,000 11,454 6,807 2,347 45,000 12,375 7,196 2,530 50,000 13,297 7,584 2,713 55,000 14,218 7,973 2,897 60,000 15,140 8,361 3,080 65,000 16,061 8,750 3,264 70,000 16,983 9,138 3,447 75,000 17,903 9,527 3,631 80,000 18,825 9,915 3,814 85,000 19,746 10,304 3,997 90,000 20,668 10,692 4,181 95,000 21,589 11,081 4,364 100,000 22,511 11,469 4,548 110,000 24,354 12,246 4,915 120,000 26,197 13,023 5,281 130,000 28,040 13,800 5,648 170,000 35,412 16,908 7,116 Air Force: 35,000 9,216 7,090 2,125 40,000 10,025 7,478 2,306 45,000 10,835 7,866 2,487 50,000 11,645 8,253 2,668 55,000 12,454 8,641 2,849 60,000 13,264 9,029 3,030 65,000 14,073 9,417 3,211 70,000 14,883 9,805 3,392 75,000 15,693 10,193 3,573 80,000 16,502 10,582 3,754 85,000 17,312 10,971 3,935 90,000 18,121 11,360 4,115 95,000 18,931 11,749 4,296 100,000 19,741 12,138 4,477 105,000 20,550 12,527 4,658 110,000 21,360 12,915 4,838 115,000 22,169 13,304 5,019 120,000 22,979 13,692 5,200 125,000 23,789 14,081 5,381 Marine Corps: 10,000 2,802 1,615 633 12,500 3,247 1,768 658 15,000 3,691 1,922 684 17,500 4,135 2,076 710 20,000 4,579 2,230 736 22,500 5,024 2,383 762 25,000 5,468 2,537 787.

(1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of who may be serving on in grade of: Major Lieutenant Colonel Colonel Army: 20,000 7,768 5,253 1,613 25,000 8,689 5,642 1,796 30,000 9,611 6,030 1,980 35,000 10,532 6,419 2,163 40,000 11,454 6,807 2,347 45,000 12,375 7,196 2,530 50,000 13,297 7,584 2,713 55,000 14,218 7,973 2,897 60,000 15,140 8,361 3,080 65,000 16,061 8,750 3,264 70,000 16,983 9,138 3,447 75,000 17,903 9,527 3,631 80,000 18,825 9,915 3,814 85,000 19,746 10,304 3,997 90,000 20,668 10,692 4,181 95,000 21,589 11,081 4,364 100,000 22,511 11,469 4,548 110,000 24,354 12,246 4,915 120,000 26,197 13,023 5,281 130,000 28,040 13,800 5,648 170,000 35,412 16,908 7,116 Air Force: 35,000 9,216 7,090 2,125 40,000 10,025 7,478 2,306 45,000 10,835 7,866 2,487 50,000 11,645 8,253 2,668 55,000 12,454 8,641 2,849 60,000 13,264 9,029 3,030 65,000 14,073 9,417 3,211 70,000 14,883 9,805 3,392 75,000 15,693 10,193 3,573 80,000 16,502 10,582 3,754 85,000 17,312 10,971 3,935 90,000 18,121 11,360 4,115 95,000 18,931 11,749 4,296 100,000 19,741 12,138 4,477 105,000 20,550 12,527 4,658 110,000 21,360 12,915 4,838 115,000 22,169 13,304 5,019 120,000 22,979 13,692 5,200 125,000 23,789 14,081 5,381 Marine Corps: 10,000 2,802 1,615 633 12,500 3,247 1,768 658 15,000 3,691 1,922 684 17,500 4,135 2,076 710 20,000 4,579 2,230 736 22,500 5,024 2,383 762 25,000 5,468 2,537 787.

(2) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Navy at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of lieutenant commander, commander, and captain may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of (excludingin categories specified in subsection (b)) on Number of who may be serving on inof: Lieutenant Commander Commander Captain Navy: 30,000 7,698 5,269 2,222 33,000 8,189 5,501 2,334 36,000 8,680 5,733 2,447 39,000 9,172 5,965 2,559 42,000 9,663 6,197 2,671 45,000 10,155 6,429 2,784 48,000 10,646 6,660 2,896 51,000 11,136 6,889 3,007 54,000 11,628 7,121 3,120 57,000 12,118 7,352 3,232 60,000 12,609 7,583 3,344 63,000 13,100 7,813 3,457 66,000 13,591 8,044 3,568 70,000 14,245 8,352 3,718 90,000 17,517 9,890 4,467.

(3) If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is between any two consecutive figures listed in the first column of the appropriate table in paragraph (1) or (2), the corresponding authorized strengths for each of the grades shown in that table for that armed force are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of commissioned officers serving on active duty in an armed force (excluding officers in categories specified in subsection (b)) is greater or less than the figures listed in the first column of the appropriate table in paragraph (1) or (2), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table in the same proportion as reflected in the nearest limit shown in the table.

Officers in the following categories shall be excluded in computing and determining authorized strengths under this section:

Reserve officers—

(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title;

(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; or

(C) on full-time National Guard duty.

(2) General and flag officers.

(3) Medical officers.

(4) Dental officers.

(5) Warrant officers.

(6) Retired officers on active duty under a call or order to active duty for 180 days or less.

(7) Retired officers on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. 3809(b)(2)) for the administration of the Selective Service System.

(8) Permanent professors of the United States Military Academy and the United States Air Force Academy and professors of the United States Naval Academy who are career military professors (as defined in regulations prescribed by the Secretary of the Navy), but not to exceed 50 from any such academy.

(9) Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.

Whenever the number of officers serving in any grade 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.

An officer may not be reduced in grade, or have his pay or allowances reduced, because of a reduction in the number of commissioned officers authorized for his grade under this section.

(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2842; amended Pub. L. 98–525, title IV, § 414(a)(3), Oct. 19, 1984, 98 Stat. 2518; Pub. L. 99–145, title V, § 511(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 99–433, title V, § 531(a)(1), Oct. 1, 1986, 100 Stat. 1063; Pub. L. 102–190, div. A, title IV, § 431, Dec. 5, 1991, 105 Stat. 1354; Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title IV, § 403(a), (b), Sept. 23, 1996, 110 Stat. 2504, 2505; Pub. L. 107–314, div. A, title IV, § 406, Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), Oct. 28, 2004, 118 Stat. 1864, 1868; Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), Oct. 17, 2006, 120 Stat. 2402; Pub. L. 110–181, div. A, title IV, §§ 404, 405, Jan. 28, 2008, 122 Stat. 88; Pub. L. 112–81, div. A, title V, § 501, Dec. 31, 2011, 125 Stat. 1386; Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), Dec. 23, 2016, 130 Stat. 2306, 2418.)