USC Chapter 1201

in effect

10 U.S.C. § 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.

10 U.S.C. § 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 States600,000 Army Reserve980,000 Air National Guard and the Air National Guard of the United States150,000 Air Force Reserve500,000. (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.

10 U.S.C. § 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: Army275,000 Air Force200,000 Navy150,000 Marine Corps24,500. (b) The authorized strengths prescribed by subsection (a) may not be exceeded unless—(1) the Secretary concerned determines that a greater number is necessary for planned mobilization requirements; or (2) the excess results directly from the operation of a nondiscretionary provision of law.

10 U.S.C. § 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: Army207 Air Force157 Navy48 Marine Corps10. (b) The following Army and Air Force reserve officers shall not be counted for purposes of this section:(1) Those serving as adjutants general or assistant adjutants general of a State. (2) Those serving in the National Guard Bureau. (3) Those counted under section 526 of this title. (4) 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)(1) The following Navy reserve officers shall not be counted for purposes of this section:(A) Those counted under section 526 of this title. (B) 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). (2) 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:(1) Those counted under section 526 of this title. (2) 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)(1) 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). (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. (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.

10 U.S.C. § 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: GradeArmy percentageAir Force percentage Colonel21.8 Lieutenant colonel64.6 Major1314.0 Captain3532.0 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)4447.6 (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: Captain1.5 percent Commander7 percent Lieutenant commander22 percent Lieutenant37 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: Colonel2 percent Lieutenant colonel8 percent Major16 percent Captain39 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 officer’s 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.

10 U.S.C. § 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.

10 U.S.C. § 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— (1) each special branch; and (2) all other branches taken together.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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.

10 U.S.C. § 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.—(1) 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: MajorLieutenant ColonelColonel Army Reserve: 10,0001,390740230 11,0001,529803242 12,0001,668864252 13,0001,804924262 14,0001,940984272 15,0002,0751,044282 16,0002,2101,104291 17,0002,3451,164300 18,0002,4791,223309 19,0002,6131,282318 20,0002,7471,341327 21,0002,8771,400336 Army National Guard: 20,0001,500850325 22,0001,650930350 24,0001,7901,010378 26,0001,9301,085395 28,0002,0701,168420 30,0002,2001,245445 32,0002,3301,315460 34,0002,4501,385470 36,0002,5701,455480 38,0002,6701,527490 40,0002,7701,590500 42,0002,8371,655505 Marine Corps Reserve: 1,000996320 1,2001036721 1,3001077022 1,4001117323 1,5001147624 1,6001177925 1,7001208226 1,8001238527 1,9001268828 2,0001299129 2,1001329430 2,2001349731 2,30013610032 2,40014310534 2,50014910935 2,60015511336 2,70016111837 2,80016712239 2,90017312641 3,00017913042 Air Force Reserve 1,000166170100 1,500245251143 2,000322330182 2,500396406216 3,000467479246 3,500536550271 4,000602618292 4,500665683308 5,000726746320 5,500784806325 6,000840864327 7,000962990347 8,0001,0871,110356 10,0001,3221,362395 Air National Guard: 10,000763745333 12,000915923377 14,0001,0651,057402 16,0001,2111,185426 18,0001,3471,313450 20,0001,4631,440468 22,0001,6061,569494 24,0001,7391,697517 26,0001,8721,825539 28,0002,0051,954562 30,0002,1382,082585 32,0002,2712,210608 34,0002,4042,338630 36,0002,5372,466653 38,0002,6702,595676 40,0002,8032,723698 (2) 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 commanderCommanderCaptain 10,000807447141 11,000867467153 12,000924485163 13,000980503173 14,0001,035521183 15,0001,088538193 16,0001,142555203 17,0001,195565213 18,0001,246575223 19,0001,291585233 20,0001,334595242 21,0001,364603250 22,0001,384610258 23,0001,400615265 24,0001,410620270. (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.—(1) 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. (2) 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:(1) Active duty described in sections 10211, 10302, 10303, 10304, 10305, 12310, or 12402 of this title. (2) 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. (3) Active duty described in section 708 of title 32.

10 U.S.C. § 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–8E–9 Army Reserve: 10,0001,052154 11,0001,126168 12,0001,195180 13,0001,261191 14,0001,327202 15,0001,391213 16,0001,455224 17,0001,519235 18,0001,583246 19,0001,647257 20,0001,711268 21,0001,775278 Army National Guard: 20,0001,650550 22,0001,775615 24,0001,950645 26,0002,100675 28,0002,250715 30,0002,400735 32,0002,500760 34,0002,600780 36,0002,700800 38,0002,800820 40,0002,900830 42,0003,000840 Navy Reserve: 10,000340143 11,000364156 12,000386169 13,000407182 14,000423195 15,000435208 16,000447221 17,000459234 18,000471247 19,000483260 20,000495273 21,000507286 22,000519299 23,000531312 24,000540325 Marine Corps Reserve: 1,1005011 1,2005512 1,3006013 1,4006514 1,5007015 1,6007516 1,7008017 1,8008518 1,9008919 2,0009320 2,1009621 2,2009922 2,30010123 2,40010624 2,50011225 2,60011626 2,70012127 2,80012528 2,90013029 3,00013430 Air Force Reserve: 5007540 1,00014575 1,500208105 2,000270130 2,500325150 3,000375170 3,500420190 4,000460210 4,500495230 5,000530250 5,500565270 6,000600290 7,000670330 8,000740370 10,000800400 Air National Guard: 10,0001,350550 12,0001,466594 14,0001,582636 16,0001,698676 18,0001,814714 20,0001,930752 22,0002,046790 24,0002,162828 26,0002,278866 28,0002,394904 30,0002,510942 32,0002,626980 34,0002,7421,018 36,0002,8581,056 38,0002,9741,094 40,0003,0901,132 . (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.—(1) 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. (2) 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.