View all text of Chapter 1201 [§ 12001 - § 12012]
§ 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: | ||
|---|---|---|---|
Major | Lieutenant Colonel | Colonel | |
Army Reserve: | |||
10,000 | 1,390 | 740 | 230 |
11,000 | 1,529 | 803 | 242 |
12,000 | 1,668 | 864 | 252 |
13,000 | 1,804 | 924 | 262 |
14,000 | 1,940 | 984 | 272 |
15,000 | 2,075 | 1,044 | 282 |
16,000 | 2,210 | 1,104 | 291 |
17,000 | 2,345 | 1,164 | 300 |
18,000 | 2,479 | 1,223 | 309 |
19,000 | 2,613 | 1,282 | 318 |
20,000 | 2,747 | 1,341 | 327 |
21,000 | 2,877 | 1,400 | 336 |
Army National Guard: | |||
20,000 | 1,500 | 850 | 325 |
22,000 | 1,650 | 930 | 350 |
24,000 | 1,790 | 1,010 | 378 |
26,000 | 1,930 | 1,085 | 395 |
28,000 | 2,070 | 1,168 | |
(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 commander | Commander | Captain | |
10,000 | 807 | 447 | 141 |
11,000 | 867 | 467 | 153 |
12,000 | 924 | 485 | 163 |
13,000 | 980 | 503 | 173 |
14,000 | 1,035 | 521 | 183 |
15,000 | 1,088 | 538 | 193 |
16,000 | 1,142 | 555 | 203 |
17,000 | 1,195 | 565 | 213 |
18,000 | 1,246 | 575 | 223 |
19,000 | 1,291 | 585 | 233 |
20,000 | 1,334 | 595 | 242 |
21,000 | 1,364 | 603 | 250 |
22,000 | 1,384 | 610 | 258 |
23,000 | 1,400 | 615 | 265 |
24,000 | 1,410 | 620 | 270. |
(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.
(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844, § 524; amended Pub. L. 97–86, title V, § 503(b), Dec. 1, 1981, 95 Stat. 1108; Pub. L. 97–252, title V, § 503(b), Sept. 8, 1982, 96 Stat. 727; Pub. L. 98–94, title V, § 503(b), Sept. 24, 1983, 97 Stat. 631; Pub. L. 98–525, title IV, §§ 413(b), 414(a)(4)(A), (B)(i), Oct. 19, 1984, 98 Stat. 2518, 2519; Pub. L. 99–145, title IV, § 413(b), Nov. 8, 1985, 99 Stat. 619; Pub. L. 100–180, div. A, title IV, § 413(b), Dec. 4, 1987, 101 Stat. 1083; Pub. L. 101–189, div. A, title IV, § 413(b), Nov. 29, 1989, 103 Stat. 1433; Pub. L. 102–190, div. A, title IV, § 413(b), Dec. 5, 1991, 105 Stat. 1352; Pub. L. 103–160, div. A, title IV, § 413(b), Nov. 30, 1993, 107 Stat. 1642; renumbered § 12011 and amended Pub. L. 103–337, div. A, title XVI, § 1662(a)(2), Oct. 5, 1994, 108 Stat. 2988; Pub. L. 104–106, div. A, title IV, § 414(a), Feb. 10, 1996, 110 Stat. 288; Pub. L. 105–261, div. A, title IV, § 414(a), Oct. 17, 1998, 112 Stat. 1998; Pub. L. 106–65, div. A, title IV, § 414(a), Oct. 5, 1999, 113 Stat. 586; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 415(a), 421(b), 424(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–94 to 1654A–96; Pub. L. 107–107, div. A, title IV, § 415(a), Dec. 28, 2001, 115 Stat. 1070; Pub. L. 108–375, div. A, title IV, § 416(h), Oct. 28, 2004, 118 Stat. 1869; Pub. L. 109–163, div. A, title V, § 515(b)(1)(HH), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 110–417, [div. A], title V, § 512(a), (b), Oct. 14, 2008, 122 Stat. 4439, 4440; Pub. L. 115–232, div. A, title V, § 515(a), Aug. 13, 2018, 132 Stat. 1752; Pub. L. 116–92, div. A, title IV, §§ 415(a), 416(a), Dec. 20, 2019, 133 Stat. 1337, 1338.)