Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE · § 12005

§ 12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status

664 words·~3 min read·/usc/title-10/section-12005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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: GradeArmy percentageAir Force percentage Colonel21.8 Lieutenant colonel64.6 Major1314.0 Captain3532.0 First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)4447.6
(3)Medical officers and dental officers shall not be counted for the purposes of this subsection.
(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: Captain1.5 percent   Commander7   percent   Lieutenant commander22   percent   Lieutenant37   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.
(2)When the actual number of line officers in an active status in any grade is less than the number authorized by paragraph
(1)for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.
(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: Colonel2 percent   Lieutenant colonel8 percent   Major16 percent   Captain39 percent   First lieutenant and second lieutenant (when combined with the number authorized for general officer grades under section 12004 of this title)35 percent.
(2)When the actual number of officers in an active status in any grade is less than the number authorized by paragraph
(1)for that grade, the difference may be applied to increase the number authorized by that paragraph for any lower grade or grades.
(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.
(2)An officer of the Navy Reserve or the Marine Corps Reserve may not be reduced in permanent grade because of a reduction in the number authorized by this section for his grade.
(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.)
Connections2 cite this · traces to 2
13 references not yet in our index
  • Pub. L. 103–337, div. A, title XVI, § 1662(a)(1)
  • 108 Stat. 2985
  • Pub. L. 106–398, § 1 [[div. A]
  • 114 Stat. 1654
  • Pub. L. 108–375, div. A, title V, § 504
  • 118 Stat. 1875
  • Pub. L. 109–163, div. A, title V, § 515(b)(1)(FF)
  • 119 Stat. 3233
  • Pub. L. 103–337, § 1662(a)(3)
  • Pub. L. 109–163
  • Pub. L. 108–375
  • Pub. L. 106–398
  • section 1691 of Pub. L. 103–337
Citation graph
cites case law
§ 12005
Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status
U.S.C.×2
U.S.C.§ 12003
U.S.C.§ 10001
Pub. L.Pub. L. 103–337, div. A, title XVI, § 1662(a)(1)
Stat.108 Stat. 2985
Pub. L.Pub. L. 106–398, § 1 [[div. A]
Stat.114 Stat. 1654
Pub. L.Pub. L. 108–375, div. A, title V, § 504
Cites 15 · showing 7Cited by 2 across 1 source
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.