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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§ 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 grade of:			Major	Lieutenant Colonel	Colonel
	1 Table span editorially supplied.
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

(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 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.

(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 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

(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.

(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; 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; Pub. L. 117–263, div. A, title V, § 501, Dec. 23, 2022, 136 Stat. 2557.)