10 USC 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
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10 USC 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 Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 32-OFFICER STRENGTH AND DISTRIBUTION IN GRADE

§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

(a)(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 officers who may be serving on active duty in the grade of:
Major Lieutenant colonel Colonel
Army:
60,000 11,580 7,941 3,080
65,000 12,271 8,330 3,264
70,000 12,963 8,718 3,447
75,000 13,654 9,107 3,631
80,000 14,346 9,495 3,814
85,000 15,037 9,884 3,997
90,000 15,729 10,272 4,181
95,000 16,420 10,661 4,364
100,000 17,112 11,049 4,548
110,000 18,495 11,826 4,915
120,000 19,878 12,603 5,281
130,000 21,261 13,380 5,648
170,000 26,793 16,488 7,116
Air Force:
70,000 13,530 9,428 3,392
75,000 14,266 9,801 3,573
80,000 15,002 10,175 3,754
85,000 15,738 10,549 3,935
90,000 16,474 10,923 4,115
95,000 17,210 11,297 4,296
100,000 17,946 11,671 4,477
105,000 18,682 12,045 4,658
110,000 19,418 12,418 4,838
115,000 20,154 12,792 5,019
120,000 20,890 13,165 5,200
125,000 21,626 13,539 5,381
Marine   Corps:
12,500 2,499 1,388 592
15,000 2,766 1,483 613
17,500 3,085 1,579 633
20,000 3,404 1,674 654
22,500 3,723 1,770 675
25,000 4,042 1,865 695

(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 commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of officers who may be serving on active duty in grade of:
Lieutenant commanderCommander Captain
Navy:
45,000 9,124 5,776 2,501
48,000 9,565 5,984 2,602
51,000 10,006 6,190 2,702
54,000 10,447 6,398 2,803
57,000 10,888 6,606 2,904
60,000 11,329 6,813 3,005
63,000 11,770 7,020 3,106
66,000 12,211 7,227 3,206
70,000 12,799 7,504 3,341
90,000 15,739 8,886 4,013

(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.

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

(1) Reserve officers-

(A) on active duty for training;

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

(C) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components;

(D) on active duty to pursue special work;

(E) ordered to active duty under section 12304 of this title; or

(F) 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) Reserve or retired officers on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the Selective Service System.


(c) 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.

(d) 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 .)

Amendments

1994-Subsec. (b)(1)(B). Pub. L. 103–337, §1671(c)(3)(A), substituted "10211, 10302 through 10305, or 12402" for "265, 3021, 3496, 5251, 5252, 8021, or 8496".

Subsec. (b)(1)(C). Pub. L. 103–337, §1671(c)(3)(B), substituted "12301(d)" for "672(d)".

Subsec. (b)(1)(E). Pub. L. 103–337, §1671(c)(3)(C), substituted "12304" for "673b".

1991-Subsec. (a)(1). Pub. L. 102–190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively.

1986-Subsec. (b)(1)(B). Pub. L. 99–433 substituted "3021" and "8021" for "3033" and "8033", respectively.

1985-Subsec. (a)(1). Pub. L. 99–145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively.

1984-Subsec. (b)(1)(C). Pub. L. 98–525, §414(a)(3)(A), struck out "or section 502 or 503 of title 32" after "section 672(d) of this title".

Subsec. (b)(1)(F). Pub. L. 98–525, §414(a)(3)(B)–(D), added subpar. (F).

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1985 Amendment

Section 511(b) of Pub. L. 99–145 provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1985."

Temporary Variation of End Strength Limitations for Army Majors and Lieutenant Colonels

Section 402 of Pub. L. 103–337 provided that:

"(a) Variation Authorized.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1995 through 1997, the numbers applicable to officers of the Army serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section).

"(b) Numbers for Fiscal Years 1995 through 1997.-The numbers referred to in subsection (a) are as follows:

 
"Fiscal year:              Number of officers who may be serving on active duty in the grade of:
MajorLieutenant colonel
1995 12,603 8,506  
1996 12,870 8,646  
1997 12,870 8,646."

Temporary Variation of End Strength Limitations for Marine Corps Majors and Lieutenant Colonels

Pub. L. 103–160, div. A, title IV, §402, Nov. 30, 1993, 107 Stat. 1639 , as amended by Pub. L. 103–337, div. A, title IV, §403, Oct. 5, 1994, 108 Stat. 2743 , provided that:

"(a) Variation Authorized.-In the administration of the limitation under section 523(a)(1) of title 10, United States Code, for fiscal years 1994 through 1997, the numbers applicable to officers of the Marine Corps serving on active duty in the grades of major and lieutenant colonel shall be the numbers set forth for that fiscal year in subsection (b) (rather than the numbers determined in accordance with the table in that section).

"(b) Numbers for Fiscal Years 1994 Through 1997.-The numbers referred to in subsection (a) are as follows:

 
"Fiscal year:              Number of officers who may be serving on active duty in the grade of:
MajorLieutenant colonel
1994 3,023 1,578  
1995 3,157 1,634  
1996 3,157 1,634  
1997 3,157 1,634."

Temporary Increase in Officer Grade Limitations

Pub. L. 101–189, div. A, title IV, §403, Nov. 29, 1989, 103 Stat. 1431 , authorized the Secretary of Defense, until Sept. 30, 1991, to increase the strength-in-grade limitations specified in subsec. (a) of this section by a total of 250 positions, to be distributed among grades and services as the Secretary considers appropriate and directed the Secretary to submit to Congress a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in subsec. (a) of this section.

Temporary Reduction in Number of Air Force Colonels

Pub. L. 101–189, div. A, title IV, §402, Nov. 29, 1989, 103 Stat. 1431 , as amended by Pub. L. 101–510, div. A, title IV, §404, Nov. 5, 1990, 104 Stat. 1545 , provided that the number of officers authorized under subsec. (a) of this section to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1992 was reduced by 250.

Pub. L. 100–456, div. A, title IV, §403, Sept. 29, 1988, 102 Stat. 1963 , provided that: "The number of officers that (but for this section) would be authorized under section 523 of title 10, United States Code, and other applicable provisions of law to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1989 is hereby reduced by 125, and the number of such officers that (but for this section) would be so authorized to be serving on active duty during fiscal year 1990 is hereby reduced by 250."

Ceilings on Commissioned Officers on Active Duty

Pub. L. 95–79, title VIII, §811(a), July 30, 1977, 91 Stat. 335 , as amended by Pub. L. 96–107, title VIII, §817, Nov. 9, 1979, 93 Stat. 818 ; Pub. L. 96–342, title X, §1003, Sept. 8, 1980, 94 Stat. 1120 ; Pub. L. 97–86, title VI, §602, Dec. 1, 1981, 95 Stat. 1110 , which provided that after Oct. 1, 1981, the total number of commissioned officers on active duty in the Army, Air Force, and Marine Corps above the grade of colonel, and on active duty in the Navy above the grade of captain, could not exceed 1,073, and that in time of war, or of national emergency declared by Congress, the President could suspend the operation of this provision, was repealed and restated in section 526 of this title by Pub. L. 100–370, §1(b)(1)(B), (4).

Transition Provisions Under Defense Officer Personnel Management Act

For provisions increasing for the fiscal year ending on Sept. 30, 1981, the maximum number of officers authorized by this section to be serving on active duty, see section 627 of Pub. L. 96–513, set out as a note under section 611 of this title.

Section Referred to in Other Sections

This section is referred to in sections 115a, 527, 623, 3380, 5721, 8380, 12011 of this title.