10 U.S. Code § 3210 - Regular Army: strength in grade; general officers

(a) Subject to section 526 of this title, the authorized strength of the Regular Army in general officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Army in commissioned officers on the active-duty list.
(b) The authorized strength of each of the following branches—
(1) each corps of the Army Medical Department; and
(2) the Chaplains;
in general officers on the active-duty list of the Regular Army is 5/1,000 of the authorized strength of the branch concerned in commissioned officers on the active-duty list of the Regular Army. Not more than one-half of the authorized strength in general officers in such a branch may be in a regular grade above brigadier general.
(c) When the application of the percentages and ratios specified in this section results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 174; Pub. L. 85–861, § 1(66),Sept. 2, 1958, 72 Stat. 1463; Pub. L. 89–603, § 1(2),Sept. 24, 1966, 80 Stat. 846; Pub. L. 90–329, June 4, 1968, 82 Stat. 170; Pub. L. 96–513, title V, § 502(5),Dec. 12, 1980, 94 Stat. 2909; Pub. L. 97–22, § 5(b),July 10, 1981, 95 Stat. 128; Pub. L. 102–190, div. A, title X, § 1061(a)(20)(A),Dec. 5, 1991, 105 Stat. 1473.)

Historical and Revision Notes 1956 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
3210(a) 10:506a(a) (words before 1st semicolon). Aug. 7, 1947, ch. 512, § 503(a), 61 Stat. 885.
3210(b)
3210(c) 10:506a(a) (less words before 1st semicolon, and less provisos).
10:61–1 (1st sentence, as applicable to strength). June 28, 1950, ch. 383, § 308 (1st sentence, as applicable to strength), 64 Stat. 270.
10:506a(a) (1st, 2d, and 3d provisos).
3210(d) 10:506a(a) (4th proviso).
3210(e) 10:506a(a) (last proviso).

As enacted, section 503(a) of the Officer Personnel Act of 1947 (10:506a(a)), provided, subject to certain percentage limitations, for the following authorized strength of the Regular Army in general officers on the active list:

 
Medical Corps 16
Dental Corps 4
Veterinary Corps 1
The Chaplains 2
Army, exclusive of the above 334
Total 357

Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 626c(e)), allocations of those authorized strengths were made between the Army and the Air Force as follows:

 
Army Air Force
Medical Corps 12 4
Dental Corps 3 1
Veterinary Corps 1 0
The Chaplains 1 1
Army and Air Force, exclusive of the above 184 150
Total 201 156

After the enactment of the Officer Personnel Act of 1947, section 308 of the Army Organization Act of 1950 (10:61–1) provided for an Assistant Judge Advocate General and three brigadier generals in the Judge Advocate General’s Corps of the Army. The creation of these four general officer spaces served to increase the mentioned authorized strength figure from 357 to 361, and the figure 201 to 205. The opinion of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) is in accord with that conclusion.
The revised section reflects the authorized strength of the Regular Army in general officers on the active list resulting from the mentioned allocation to the Air Force and the addition of four general officer spaces in the Judge Advocate General’s Corps.
That allocation, and those mentioned in the explanation of [former] subsection (c), below, have had the force of law since July 26, 1950, when the period for transfers, including the administrative authority to change these allocations, expired.
The word “regular” is substituted for the word “permanent” throughout the revised section.
In subsection (c), 10:506a(a) (1st proviso) is omitted, since there is no authority to appoint to a Regular grade above major general. 10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the declaration of a national emergency on December 16, 1950.
In subsection (c)(1), the figures “12” and “6” result from the allocation of the original figures “16” and “8”.
In subsection (c)(2), the figures “3” and “2” result from the allocation of the original figures “4” and “2”.
In subsection (c)(3), the figure “1” results from the allocation of the original figure “1”. None was allocated to the Air Force.
In subsection (c)(4), the figure “1” results from the allocation of the original figures “2” and “1”. (The major general was allocated to the Army, the brigadier general to the Air Force.)
In subsection (c)(5), the figures “188” and “94” result from the allocation of the original figures “334” and “167”. The allocation of 188 corresponds to the allotment made by the Secretary of War between the Air Corps and the Army exclusive of the Air Corps, the Medical Department, and the Chaplains, under 10:506a(a) (3d proviso). That proviso is omitted as executed.
In subsection (e), the words “by law to hold any civil office under the United States” are substituted for the words “by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government”.

1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
3210(a) 10 App.:506a(a)(1) (less 3d, 4th, 5th, and last sentences). July 20, 1956, ch. 646, § 302 (1st par.), 70 Stat. 587.
3210(b) 10 App.:506a(a)(1) (3d and 4th sentences).
3210(c) 10 App.:506a(a)(1) (5th sentence).
3210(d) 10 App.:506a(a)(1) (last sentence).

In subsection (a), the words “Subject to section 3202 (a) of this title” are inserted for clarity.
Amendments

1991—Subsec. (a). Pub. L. 102–190substituted “section 526” for “section 3202 (a)”.
1981—Subsec. (a). Pub. L. 97–22struck out “, exclusive of the number authorized for the Army Medical Department and the Chaplains,” before “is 75/10,000”.
Pub. L. 97–22, which directed amendment of subsec. (a) by striking out “, exclusive of the number of commissioned officers on the active-duty list authorized for the Army Medical Department and the Chaplains”, was executed by striking out “, exclusive of the number of commissioned officers on the active list authorized for the Army Medical Department and the Chaplains” before period at end of first sentence, to reflect the probable intent of Congress. See 1980 Amendment note and Effective Date of 1980 Amendment note below.
1980—Subsec. (a). Pub. L. 96–513, § 502(5)(A), (B), substituted “active-duty list” for “active list” wherever appearing and struck out provisions that, of the authorized strength, not more than one-half could be in a regular grade above brigadier general.
Subsec. (b). Pub. L. 96–513, § 502(5)(A), (C), substituted “active-duty list” for “active list” wherever appearing and substituted paragraphed references to “(1) each corps of the Army Medical Department” and “(2) the Chaplains” for former paragraphed references to “(1) The Medical Corps”, “(2) the Dental Corps”, “(3) the Veterinary Corps”, and “(4) the Chaplains”.
Subsecs. (d), (e). Pub. L. 96–513, § 502(5)(D), struck out subsec. (d) which provided that general officers on the active list of the Regular Army who were specifically authorized by law to hold a civil office under the United States or any instrumentality thereof were not counted in determining authorized strength under this section and subsec. (e) which had provided that the authorized strength of the Medical Service Corps in general officers on the active list of the Regular Army was one commissioned officer in the regular grade of brigadier general.
1968—Subsec. (a). Pub. L. 90–329substituted “Army Medical Department” for “Army Medical Service” in two places.
1966—Subsec. (e). Pub. L. 89–603added subsec. (e).
1958—Subsec. (a). Pub. L. 85–861, § 1(66)(A), substituted “Subject to section 3202 (a) of this title, the” for “The”.
Subsecs. (c) to (e). Pub. L. 85–861, § 1(66)(B), struck out subsec. (c) which prescribed the number of general officers authorized for the active list of the Regular Army, and redesignated subsecs. (d) and (e) as (c) and (d), respectively.
Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513effective Sept. 15, 1981, see section 701 ofPub. L. 96–513, set out as a note under section 101 of this title.

 

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