10 U.S. Code § 12005 - Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status
(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:
|Grade||Army percentage||Air Force percentage|
|First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)||44||47.6|
(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:
|Lieutenant commander||22 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.|
(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:
|Lieutenant colonel||8 percent|
|First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)||35 percent.|
(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.
Source(Added Pub. L. 103–337, div. A, title XVI, § 1662(a)(1),Oct. 5, 1994, 108 Stat. 2985; amended Pub. L. 106–398, § 1 [[div. A], title IV, § 423], Oct. 30, 2000, 114 Stat. 1654, 1654A–96; Pub. L. 108–375, div. A, title V, § 504,Oct. 28, 2004, 118 Stat. 1875; Pub. L. 109–163, div. A, title V, § 515(b)(1)(FF),Jan. 6, 2006, 119 Stat. 3233.)
Provisions similar to those in this section were contained in sections 3219, 5457 (b)–(d), 5458(b)–(d), and 8219 of this title, prior to repeal by Pub. L. 103–337, § 1662(a)(3).
2006—Subsec. (b)(1). Pub. L. 109–163substituted “Navy Reserve” for “Naval Reserve” in introductory provisions.
Subsec. (d)(2). Pub. L. 109–163substituted “Navy Reserve” for “Naval Reserve”.
2004—Subsec. (c)(1). Pub. L. 108–375amended table generally, increasing percentages of authorized number of officers in grades other than colonel.
2000—Subsec. (a)(3). Pub. L. 106–398added par. (3).
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