Title 10 — Armed Forces
Part II · Chapter 32 — Officer Strength and Distribution in Grade
§ 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
Statutory text
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 | |
| 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 | 5,381 |
| Marine Corps: | |||
| 10,000 | 2,802 | 1,615 | 633 |
| 12,500 | 3,247 | 1,768 | 658 |
| 15,000 | 3,691 | 1,922 | 684 |
| 17,500 | 4,135 | 2,076 | 710 |
| 20,000 | 4,579 | 2,230 | 736 |
| 22,500 | 5,024 | 2,383 | 762 |
| 25,000 | 5,468 | 2,537 | 787 |
| Space Force: 1 | |||
| 3,900 | 1,016 | 782 | 234 |
| 4,300 | 1,135 | 873 | 262 |
| 5,000 | 1,259 | 845 | 315 |
| 7,000 | 1,659 | 1,045 | 415 |
| 10,000 | 2,259 | 1,345 | 565. |
| 1 Table heading editorially supplied. | |||
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. |
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.
Officers in the following categories shall be excluded in computing and determining authorized strengths under this section:
Reserve officers—
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;
on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; or
on full-time National Guard duty.
General and flag officers.
Medical officers.
Dental officers.
Warrant officers.
Retired officers on active duty under a call or order to active duty for 180 days or less.
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.
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.
Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Defense Officer Personnel Management Act
Pub. L. 96–513 title I § 103 · 94 Stat. 2835
Enacted · 10 U.S.C. § 523
Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2842
Source evidence
Code source credit
Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2842Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 414(a)(3)(A) · 98 Stat. 2492
Struck · 10 U.S.C. § 523(b)(1)(C)
Pub. L. 98–525, § 414(a)(3)(A), struck out “or section 502 or 503 of title 32” after “section 672(d) of this title”
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 98–525, § 414(a)(3)(A), struck out “or section 502 or 503 of title 32” after “section 672(d) of this title”.Enacted provision · exact public law section
(A) by striking out “or section 502 or 503 of title 32” in clause (C);Department of Defense Authorization Act, 1985
Pub. L. 98–525 § 414(a)(3)(B) · 98 Stat. 2492
Added · 10 U.S.C. § 523(b)(1)(F)
Pub. L. 98–525, § 414(a)(3)(B)–(D), added subpar. (F)
Source evidence
Code amendment note
Subsec. (b)(1)(F). Pub. L. 98–525, § 414(a)(3)(B)–(D), added subpar. (F).Enacted provision · exact public law section
(B) by striking out “or” at the end of clause (D);Department of Defense Authorization Act, 1986
Pub. L. 99–145 title V § 511(a) · 99 Stat. 583
Changed · 10 U.S.C. § 523(a)(1)
Pub. L. 99–145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 99–145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively.Enacted provision · exact public law section
(a) Increase in Authorized Number of Marine Corps Majors.— The table in section 523(a)(1) of title 10, United States Code, is amended by striking out “2,717”, “2,936”, “3,154”, “3,373”, and “3,591” in the items relating to the Marine Corps under the column headed “Major” and inserting in lieu thereof “2,766”, “3,085”, “3,404”, “3,723”, and “4,042”, respectively.Goldwater-Nichols Department of Defense Reorganization Act of 1986
Pub. L. 99–433 title V § 531(a)(1) · 100 Stat. 992
Substituted · 10 U.S.C. § 523(b)(1)(B)
Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.Enacted provision · exact public law section
(1) Sections 175(d) and 523(b)(1)(B) are amended by striking out “3033” and “8033” and inserting in lieu thereof “3021” and “8021”, respectively.National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 div. A title IV § 431 · 105 Stat. 1290
Changed · 10 U.S.C. § 523(a)(1)
Pub. L. 102–190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 102–190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively.Enacted provision · exact public law section
SEC. 431. REDUCTION IN NUMBER OF ACTIVE DUTY AIR FORCE COLONELS. The table in section 523(a)(1) of title 10, United States Code, is amended by striking out the figures under the heading “Colonel” relating to the Air Force and inserting in lieu thereof the following: “3,392 “3,573 “3,754 “3,935 “4,115 “4,296 “4,477 “4,658 “4,838 “5,019 “5,200 “5,381”.Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1671(c)(3)(A) · 108 Stat. 2663
Substituted · 10 U.S.C. § 523(b)(1)(B)
Pub. L. 103–337, § 1671(c)(3)(A), substituted “10211, 10302 through 10305, or 12402” for “265, 3021, 3496, 5251, 5252, 8021, or 8496”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 103–337, § 1671(c)(3)(A), substituted “10211, 10302 through 10305, or 12402” for “265, 3021, 3496, 5251, 5252, 8021, or 8496”.Enacted provision · exact public law section
(A) in subparagraph (B), by striking out “section 265” and all that follows through “of this title” and inserting in lieu thereof “section 10211, 10302 through 10305, or 12402 of this title”;Reserve Officer Personnel Management Act
Pub. L. 103–337 § 1671(c)(3)(B) · 108 Stat. 2663
Substituted · 10 U.S.C. § 523(b)(1)(C)
Pub. L. 103–337, § 1671(c)(3)(B), substituted “12301(d)” for “672(d)”
Source evidence
Code amendment note
Subsec. (b)(1)(C). Pub. L. 103–337, § 1671(c)(3)(B), substituted “12301(d)” for “672(d)”.Enacted provision · exact public law section
(B) in subparagraph (C), by striking out “section 672(d)” and inserting in lieu thereof “section 12301(d)”; andReserve Officer Personnel Management Act
Pub. L. 103–337 § 1671(c)(3)(C) · 108 Stat. 2663
Substituted · 10 U.S.C. § 523(b)(1)(E)
Pub. L. 103–337, § 1671(c)(3)(C), substituted “12304” for “673b”
Source evidence
Code amendment note
Subsec. (b)(1)(E). Pub. L. 103–337, § 1671(c)(3)(C), substituted “12304” for “673b”.Enacted provision · exact public law section
(C) in subparagraph (E), by striking out “section 673b” and inserting in lieu thereof “section 12304”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 403(a) · 110 Stat. 2422
Amended · 10 U.S.C. § 523(a)(1)
Pub. L. 104–201, § 403(a), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–201, § 403(a), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered.Enacted provision · exact public law section
(a) Revision in Army, Air Force, and Marine Corps Limitations.— The table in paragraph (1) of section 523(a) of title 10, United States Code, is amended to read as follows: “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 the grade of: Major Lieutenant Colonel Colonel Army: 20,000 6,848 5,253 1,613 25,000 7,539 5,642 1,796 30,000 8,231 6,030 1,980 35,000 8,922 6,419 2,163 40,000 9,614 6,807 2,347 45,000 10,305 7,196 2,530 50,000 10,997 7,584 2,713 55,000 11,688 7,973 2,897 60,000 12,380 8,361 3,080 65,000 13,071 8,750 3,264 70,000 13,763 9,138 3,447 75,000 14,454 9,527 3,631 80,000 15,146 9,915 3,814 85,000 15,837 10,304 3,997 90,000 16,529 10,692 4,181 95,000 17,220 11,081 4,364 100,000 17,912 11,469 4,548 110,000 19,295 12,246 4,915 120,000 20,678 13,023 5,281 130,000 22,061 13,800 5,648 170,000 27,593 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 “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 the grade of: Major Lieutenant Colonel Colonel 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 5,381 Marine Corps: 10,000 2,525 1,480 571 12,500 2,900 1,600 592 15,000 3,275 1,720 613 17,500 3,650 1,840 633 20,000 4,025 1,960 654 22,500 4,400 2,080 675 25,000 4,775 2,200 695.”National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 § 403(b) · 110 Stat. 2422
Amended · 10 U.S.C. § 523(a)(2)
Pub. L. 104–201, § 403(b), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 104–201, § 403(b), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered.Enacted provision · exact public law section
(b) Revision in Navy Limitations.— The table in paragraph (2) of such section is amended to read as follows: “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 the grade of: Lieutenant commander Commander Captain Navy: 30,000 7,331 5,018 2,116 33,000 7,799 5,239 2,223 36,000 8,267 5,460 2,330 39,000 8,735 5,681 2,437 42,000 9,203 5,902 2,544 45,000 9,671 6,123 2,651 48,000 10,139 6,343 2,758 51,000 10,606 6,561 2,864 54,000 11,074 6,782 2,971 57,000 11,541 7,002 3,078 60,000 12,009 7,222 3,185 63,000 12,476 7,441 3,292 66,000 12,944 7,661 3,398 70,000 13,567 7,954 3,541 90,000 16,683 9,419 4,254.”Pub. L. 107–314 div. A title IV § 406 · 116 Stat. 2458
Changed · 10 U.S.C. § 523(a)(1)
Pub. L. 107–314, in table, increased number of officers authorized to serve on active duty in the Marine Corps in the grade of Colonel to 571, 632, 653, 673, 694, 715, and 735 from 571, 592, 613, 633, 654, 675, and 695, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 107–314, in table, increased number of officers authorized to serve on active duty in the Marine Corps in the grade of Colonel to 571, 632, 653, 673, 694, 715, and 735 from 571, 592, 613, 633, 654, 675, and 695, respectively.Enacted provision · exact public law section
SEC. 406. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON ACTIVE DUTY IN THE GRADE OF COLONEL. The table in section 523(a)(1) of title 10, United States Code, is amended by striking the figures under the heading “Colonel” in the portion of the table relating to the Marine Corps and inserting the following: ”571 632 653 673 694 715 735”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 416(g)(1) · 118 Stat. 1811
Amended · 10 U.S.C. § 523(b)(1)
Pub. L. 108–375, § 416(g)(1), as amended by Pub. L. 109–364
Amended · 10 U.S.C. § 523(b)(1)
Pub. L. 108–375, § 416(g)(1), as amended par. (1) generally. Prior to amendment, par. (1) read as follows:
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 108–375, § 416(g)(1), as amended by Pub. L. 109–364, amended par. (1) generally. Prior to amendment, par. (1) read as follows:“(1) Reserve officers— “(A) on active duty for training; “(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; “(C) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components; “(D) on active duty to pursue special work; “(E) ordered to active duty under section 12304 of this title; or “(F) on full-time National Guard duty.”
Enacted provision · exact public law section
(1) Paragraph (1) of section 523(b) of such title is amended to read as follows:Effective date note
Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 416(g)(2) · 118 Stat. 1811
Substituted · 10 U.S.C. § 523(b)(7)
Pub. L. 108–375, § 416(g)(2), substituted “Retired officers” for “Reserve or retired officers”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 108–375, § 416(g)(2), substituted “Retired officers” for “Reserve or retired officers”.Enacted provision · exact public law section
(2) Paragraph (7) of such section is amended by striking “Reserve or retired officers” and inserting “Retired officers”.Effective date note
Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 404 · 118 Stat. 1811
Added · 10 U.S.C. § 523(b)(8)
Pub. L. 108–375, § 404, added par. (8)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 108–375, § 404, added par. (8).Enacted provision · exact public law section
SEC. 404. EXCLUSION OF SERVICE ACADEMY PERMANENT AND CAREER PROFESSORS FROM A LIMITATION ON CERTAIN OFFICER GRADE STRENGTHS. Section 523(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(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.” .Effective date note
Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title X § 1071(g)(1)(B) · 120 Stat. 2083
Changed · 10 U.S.C. § 523(b)(1)
Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, § 416(g)(1). See 2004 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, § 416(g)(1). See 2004 Amendment note below.Enacted provision · exact public law section
(B) in subsection (g)(1) (118 Stat. 1868), by inserting open quotation marks before “(1) Reserve”.Effective date note
Pub. L. 109–364, div. A, title X, § 1071(g), Oct. 17, 2006, 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of Oct. 28, 2004, and as if included in Pub. L. 108–375 as enacted.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 404 · 122 Stat. 3
Changed · 10 U.S.C. § 523(a)(1)
Pub. L. 110–181, § 404, in table, increased number of officers authorized to serve on active duty in the Army in the grade of Major to 7,768, 8,689, 9,611, 10,532, 11,454, 12,375, 13,297, 14,218, 15,140, 16,061, 16,983, 17,903, 18,825, 19,746, 20,668, 21,589, 22,511, 24,354, 26,197, 28,040, and 35,412 from 6,948, 7,539, 8,231, 8,922, 9,614, 10,305, 10,997, 11,688, 12,380, 13,071, 13,763, 14,454, 15,146, 15,837, 16,529, 17,220, 17,912, 19,295, 20,678, 22,061, and 27,593, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–181, § 404, in table, increased number of officers authorized to serve on active duty in the Army in the grade of Major to 7,768, 8,689, 9,611, 10,532, 11,454, 12,375, 13,297, 14,218, 15,140, 16,061, 16,983, 17,903, 18,825, 19,746, 20,668, 21,589, 22,511, 24,354, 26,197, 28,040, and 35,412 from 6,948, 7,539, 8,231, 8,922, 9,614, 10,305, 10,997, 11,688, 12,380, 13,071, 13,763, 14,454, 15,146, 15,837, 16,529, 17,220, 17,912, 19,295, 20,678, 22,061, and 27,593, respectively.Enacted provision · exact public law section
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR. The portion of the table in section 523(a)(1) of title 10, United States Code, relating to the Army is amended to read as follows: “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: MajorLieutenant ColonelColonel Army: 20,0007,7685,2531,613 25,0008,6895,6421,796 30,0009,6116,0301,980 35,00010,5326,4192,163 40,00011,4546,8072,347 45,00012,3757,1962,530 50,00013,2977,5842,713 55,00014,2187,9732,897 60,00015,1408,3613,080 65,00016,0618,7503,264 70,00016,9839,1383,447 75,00017,9039,5273,631 80,00018,8259,9153,814 85,00019,74610,3043,997 90,00020,66810,6924,181 95,00021,58911,0814,364 100,00022,51111,4694,548 110,00024,35412,2464,915 120,00026,19713,0235,281 130,00028,04013,8005,648 170,00035,41216,9087,116”.National Defense Authorization Act for Fiscal Year 2008
Pub. L. 110–181 § 405 · 122 Stat. 3
Amended · 10 U.S.C. § 523(a)(2)
Pub. L. 110–181, § 405, amended table generally, extensively revising the numbers in each grade covered
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 110–181, § 405, amended table generally, extensively revising the numbers in each grade covered.Enacted provision · exact public law section
SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN. The table in section 523(a)(2) of title 10, United States Code, is amended to read as follows: “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 CommanderCommanderCaptain Navy: 30,0007,6985,2692,222 33,0008,1895,5012,334 36,0008,6805,7332,447 39,0009,1725,9652,559 42,0009,6636,1972,671 45,00010,1556,4292,784 48,00010,6466,6602,896 51,00011,1366,8893,007 54,00011,6287,1213,120 57,00012,1187,3523,232 60,00012,6097,5833,344 63,00013,1007,8133,457 66,00013,5918,0443,568 70,00014,2458,3523,718 90,00017,5179,8904,467”.National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title V § 501 · 125 Stat. 1298
Changed · 10 U.S.C. § 523(a)(1)
Pub. L. 112–81, in table, increased number of officers authorized to serve on active duty in the Marine Corps in each grade covered as follows: Major to 2,802, 3,247, 3,691, 4,135, 4,579, 5,024, and 5,468 from 2,525, 2,900, 3,275, 3,650, 4,025, 4,400, and 4,775, respectively; Lieutenant Colonel to 1,615, 1,768, 1,922, 2,076, 2,230, 2,383, and 2,537 from 1,480, 1,600, 1,720, 1,840, 1,960, 2,080, and 2,200, respectively; and Colonel to 633, 658, 684, 710, 736, 762, and 787 from 571, 632, 653, 673, 694, 715, and 735, respectively
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–81, in table, increased number of officers authorized to serve on active duty in the Marine Corps in each grade covered as follows: Major to 2,802, 3,247, 3,691, 4,135, 4,579, 5,024, and 5,468 from 2,525, 2,900, 3,275, 3,650, 4,025, 4,400, and 4,775, respectively; Lieutenant Colonel to 1,615, 1,768, 1,922, 2,076, 2,230, 2,383, and 2,537 from 1,480, 1,600, 1,720, 1,840, 1,960, 2,080, and 2,200, respectively; and Colonel to 633, 658, 684, 710, 736, 762, and 787 from 571, 632, 653, 673, 694, 715, and 735, respectively.Enacted provision · exact public law section
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL. The table in subsection (a)(1) of section 523 of title 10, United States Code, is amended by striking the items relating to the total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active duty in the Marine Corps in the grades of major, lieutenant colonel, and colonel, respectively, and inserting the following new items: “10,0002,8021,615633 12,5003,2471,768658 15,0003,6911,922684 17,5004,1352,076710 20,0004,5792,230736 22,5005,0242,383762 25,0005,4682,537787”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1081(b)(1)(A)(iii) · 130 Stat. 2000
Substituted · 10 U.S.C. § 523(b)(7)
Pub. L. 114–328, § 1081(b)(1)(A)(iii), substituted “(50 U.S.C. 3809(b)(2))” for “(50 U.S.C. App. 460(b)(2))”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 114–328, § 1081(b)(1)(A)(iii), substituted “(50 U.S.C. 3809(b)(2))” for “(50 U.S.C. App. 460(b)(2))”.Enacted provision · exact public law section
(iii) Section 523(b)(7) is amended by striking “(50 U.S.C. App. 460(b)(2))” and inserting “(50 U.S.C. 3809(b)(2))”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 866(b) · 130 Stat. 2000
Added · 10 U.S.C. § 523(b)(9)
Pub. L. 114–328, § 866(b), added par. (9)
Source evidence
Code amendment note
Subsec. (b)(9). Pub. L. 114–328, § 866(b), added par. (9).Enacted provision · exact public law section
(b) Exclusion From Officer Grade-strength Limitations.— Section 523(b) of such title is amended by adding at the end the following new paragraph: “(9) Officers who are Senior Military Acquisition Advisors under section 1725 of this title, but not to exceed 15.” .James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title V § 501 · 136 Stat. 2395
Inserted · 10 U.S.C. § 523(a)(1)
Pub. L. 117–263, in table, inserted items relating to number of officers authorized to serve on active duty in the Space Force after items relating to Marine Corps
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 117–263, in table, inserted items relating to number of officers authorized to serve on active duty in the Space Force after items relating to Marine Corps.Enacted provision · exact public law section
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL. The table in subsection (a)(1) of section 523 of title 10, United States Code, is amended by inserting after the items relating to the Marine Corps new items relating to the total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active duty in the Space Force in the grades of major, lieutenant colonel, and colonel, respectively, as follows: “3,9001,016782234 4,3001,135873262 5,0001,259845315 7,0001,6591,045415 10,0002,2591,345565”.
22 of 23 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1984–2022 · 13 rounds
2022
Subsec. (a)(1). Pub. L. 117–263, in table, inserted items relating to number of officers authorized to serve on active duty in the Space Force after items relating to Marine Corps.
2016
Subsec. (b)(7). Pub. L. 114–328, § 1081(b)(1)(A)(iii), substituted “(50 U.S.C. 3809(b)(2))” for “(50 U.S.C. App. 460(b)(2))”.
Subsec. (b)(9). Pub. L. 114–328, § 866(b), added par. (9).
2011
Subsec. (a)(1). Pub. L. 112–81, in table, increased number of officers authorized to serve on active duty in the Marine Corps in each grade covered as follows: Major to 2,802, 3,247, 3,691, 4,135, 4,579, 5,024, and 5,468 from 2,525, 2,900, 3,275, 3,650, 4,025, 4,400, and 4,775, respectively; Lieutenant Colonel to 1,615, 1,768, 1,922, 2,076, 2,230, 2,383, and 2,537 from 1,480, 1,600, 1,720, 1,840, 1,960, 2,080, and 2,200, respectively; and Colonel to 633, 658, 684, 710, 736, 762, and 787 from 571, 632, 653, 673, 694, 715, and 735, respectively.
2008
Subsec. (a)(1). Pub. L. 110–181, § 404, in table, increased number of officers authorized to serve on active duty in the Army in the grade of Major to 7,768, 8,689, 9,611, 10,532, 11,454, 12,375, 13,297, 14,218, 15,140, 16,061, 16,983, 17,903, 18,825, 19,746, 20,668, 21,589, 22,511, 24,354, 26,197, 28,040, and 35,412 from 6,948, 7,539, 8,231, 8,922, 9,614, 10,305, 10,997, 11,688, 12,380, 13,071, 13,763, 14,454, 15,146, 15,837, 16,529, 17,220, 17,912, 19,295, 20,678, 22,061, and 27,593, respectively.
Subsec. (a)(2). Pub. L. 110–181, § 405, amended table generally, extensively revising the numbers in each grade covered.
2006
Subsec. (b)(1). Pub. L. 109–364 made technical correction to directory language of Pub. L. 108–375, § 416(g)(1). See 2004 Amendment note below.
2004
Subsec. (b)(1). Pub. L. 108–375, § 416(g)(1), as amended by Pub. L. 109–364, amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1) Reserve officers—
“(A) on active duty for training;
“(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32;
“(C) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components;
“(D) on active duty to pursue special work;
“(E) ordered to active duty under section 12304 of this title; or
“(F) on full-time National Guard duty.”
Subsec. (b)(7). Pub. L. 108–375, § 416(g)(2), substituted “Retired officers” for “Reserve or retired officers”.
Subsec. (b)(8). Pub. L. 108–375, § 404, added par. (8).
2002
Subsec. (a)(1). Pub. L. 107–314, in table, increased number of officers authorized to serve on active duty in the Marine Corps in the grade of Colonel to 571, 632, 653, 673, 694, 715, and 735 from 571, 592, 613, 633, 654, 675, and 695, respectively.
1996
Subsec. (a)(1). Pub. L. 104–201, § 403(a), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered.
Subsec. (a)(2). Pub. L. 104–201, § 403(b), amended table generally, expanding the range of numbers of commissioned officers covered and extensively revising the numbers in each grade covered.
1994
Subsec. (b)(1)(B). Pub. L. 103–337, § 1671(c)(3)(A), substituted “10211, 10302 through 10305, or 12402” for “265, 3021, 3496, 5251, 5252, 8021, or 8496”.
Subsec. (b)(1)(C). Pub. L. 103–337, § 1671(c)(3)(B), substituted “12301(d)” for “672(d)”.
Subsec. (b)(1)(E). Pub. L. 103–337, § 1671(c)(3)(C), substituted “12304” for “673b”.
1991
Subsec. (a)(1). Pub. L. 102–190, in table, decreased numbers of officers authorized to serve on active duty in the Air Force in the grade of Colonel to 3,392, 3,573, 3,754, 3,935, 4,115, 4,296, 4,477, 4,658, 4,838, 5,019, 5,200, and 5,381 from 3,642, 3,823, 4,004, 4,185, 4,365, 4,546, 4,727, 4,908, 5,088, 5,269, 5,450, and 5,631, respectively.
1986
Subsec. (b)(1)(B). Pub. L. 99–433 substituted “3021” and “8021” for “3033” and “8033”, respectively.
1985
Subsec. (a)(1). Pub. L. 99–145 increased fiscal year limitation on authorized number of Marine Corps majors to 2,766, 3,085, 3,404, 3,723, and 4,042 from 2,717, 2,936, 3,154, 3,373, and 3,591, respectively.
1984
Subsec. (b)(1)(C). Pub. L. 98–525, § 414(a)(3)(A), struck out “or section 502 or 503 of title 32” after “section 672(d) of this title”.
Subsec. (b)(1)(F). Pub. L. 98–525, § 414(a)(3)(B)–(D), added subpar. (F).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Pub. L. 109–364, div. A, title X, § 1071(g), , 120 Stat. 2402, provided that the amendment made by section 1071(g)(1)(B) is effective as of , and as if included in Pub. L. 108–375 as enacted.
Effective Date of 1996 Amendment
Pub. L. 104–201, div. A, title IV, § 403(d), , 110 Stat. 2506, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and repealing provisions set out as notes below] shall take effect on .”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective , except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
Effective Date of 1985 Amendment
Pub. L. 99–145, title V, § 511(b), , 99 Stat. 623, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on .”
Effective Date
Section effective , but the authority to prescribe regulations under this section effective , see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.
Temporary Exclusion of Mental Health Care Providers From Authorized Strengths of Certain Officers on Active Duty
Pub. L. 118–159, div. A, title IV, § 403(a), , 138 Stat. 1863, provided that: “During fiscal years 2025 through 2027, officers who are licensed mental health providers (including clinical psychologists, licensed clinical social workers, mental health nurse practitioners, and psychiatric physician assistants) shall be excluded in computing and determining authorized strengths under section 523 of title 10, United States Code.”
Temporary Exemption From End Strength Grade Restrictions for the Space Force
This section not to apply to the Space Force until , see section 526 of Pub. L. 117–263, set out as a note under section 517 of this title.
Temporary Variation in DOPMA Authorized End Strength Limitations for Active Duty Air Force and Navy Officers in Certain Grades
Pub. L. 104–106, div. A, title IV, § 402, , 110 Stat. 286, provided that the numbers of officers of the Air Force authorized under subsec. (a)(1) of this section to be serving on active duty in the grades of major, lieutenant colonel, and colonel for fiscal years 1996 and 1997 and the numbers of officers in the Navy authorized under subsec. (a)(2) of this section to be serving on active duty in the grades of lieutenant commander, commander, and captain for fiscal years 1996 and 1997 were limited to numbers in tables, prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(3), , 110 Stat. 2506.
Temporary Variation of End Strength Limitations for Army Majors and Lieutenant Colonels
Pub. L. 103–337, div. A, title IV, § 402, , 108 Stat. 2743, provided that number of officers of the Army authorized under subsec. (a)(1) of this section to be serving on active duty in grades of major and lieutenant colonel for fiscal years 1995 through 1997 was limited to numbers set forth in table prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(2), , 110 Stat. 2506.
Temporary Variation of End Strength Limitations for Marine Corps Majors and Lieutenant Colonels
Pub. L. 103–160, div. A, title IV, § 402, , 107 Stat. 1639, as amended by Pub. L. 103–337, div. A, title IV, § 403, , 108 Stat. 2743, provided that number of officers of the Marine Corps authorized under subsec. (a)(1) of this section to be serving on active duty in grades of major and lieutenant colonel for fiscal years 1994 through 1997 was limited to numbers set forth in table prior to repeal by Pub. L. 104–201, div. A, title IV, § 403(c)(1), , 110 Stat. 2505.
Temporary Increase in Officer Grade Limitations
Pub. L. 101–189, div. A, title IV, § 403, , 103 Stat. 1431, authorized the Secretary of Defense, until , to increase the strength-in-grade limitations specified in subsec. (a) of this section by a total of 250 positions, to be distributed among grades and services as the Secretary considers appropriate and directed the Secretary to submit to Congress a comprehensive report on the adequacy of the strength-in-grade limitations prescribed in subsec. (a) of this section.
Temporary Reduction in Number of Air Force Colonels
Pub. L. 101–189, div. A, title IV, § 402, , 103 Stat. 1431, as amended by Pub. L. 101–510, div. A, title IV, § 404, , 104 Stat. 1545, provided that the number of officers authorized under subsec. (a) of this section to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1992 was reduced by 250.
Pub. L. 100–456, div. A, title IV, § 403, , 102 Stat. 1963, provided that the number of officers authorized under this section to be serving on active duty in the Air Force in the grade of colonel during fiscal year 1989 was reduced by 125, and the number of such officers authorized to be serving on active duty during fiscal year 1990 was reduced by 250.
Ceilings on Commissioned Officers on Active Duty
Pub. L. 95–79, title VIII, § 811(a), , 91 Stat. 335, as amended by Pub. L. 96–107, title VIII, § 817, , 93 Stat. 818; Pub. L. 96–342, title X, § 1003, , 94 Stat. 1120; Pub. L. 97–86, title VI, § 602, , 95 Stat. 1110, which provided that after , the total number of commissioned officers on active duty in the Army, Air Force, and Marine Corps above the grade of colonel, and on active duty in the Navy above the grade of captain, could not exceed 1,073, and that in time of war, or of national emergency declared by Congress, the President could suspend the operation of this provision, was repealed and restated in section 526 of this title by Pub. L. 100–370, § 1(b)(1)(B), (4).
Transition Provisions Under Defense Officer Personnel Management Act
For provisions increasing for the fiscal year ending on , the maximum number of officers authorized by this section to be serving on active duty, see section 627 of Pub. L. 96–513, set out as a note under section 611 of this title.
Credits
1980–2022 · 14 acts
- 1980Added Pub. L. 96–513, title I, § 103, , 94 Stat. 2842
- 1984amended Pub. L. 98–525, title IV, § 414(a)(3), , 98 Stat. 2518
- 1985Pub. L. 99–145, title V, § 511(a), , 99 Stat. 623
- 1986Pub. L. 99–433, title V, § 531(a)(1), , 100 Stat. 1063
- 1991Pub. L. 102–190, div. A, title IV, § 431, , 105 Stat. 1354
- 1994Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), , 108 Stat. 3014
- 1996Pub. L. 104–201, div. A, title IV, § 403(a), (b), , 110 Stat. 2504, 2505
- 2002Pub. L. 107–314, div. A, title IV, § 406, , 116 Stat. 2526
- 2004Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), , 118 Stat. 1864, 1868
- 2006Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), , 120 Stat. 2402
- 2008Pub. L. 110–181, div. A, title IV, §§ 404, 405, , 122 Stat. 88
- 2011Pub. L. 112–81, div. A, title V, § 501, , 125 Stat. 1386
- 2016Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), , 130 Stat. 2306, 2418
- 2022Pub. L. 117–263, div. A, title V, § 501, , 136 Stat. 2557.
Show as published
(Added Pub. L. 96–513, title I, § 103, , 94 Stat. 2842; amended Pub. L. 98–525, title IV, § 414(a)(3), , 98 Stat. 2518; Pub. L. 99–145, title V, § 511(a), , 99 Stat. 623; Pub. L. 99–433, title V, § 531(a)(1), , 100 Stat. 1063; Pub. L. 102–190, div. A, title IV, § 431, , 105 Stat. 1354; Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), , 108 Stat. 3014; Pub. L. 104–201, div. A, title IV, § 403(a), (b), , 110 Stat. 2504, 2505; Pub. L. 107–314, div. A, title IV, § 406, , 116 Stat. 2526; Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), , 118 Stat. 1864, 1868; Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), , 120 Stat. 2402; Pub. L. 110–181, div. A, title IV, §§ 404, 405, , 122 Stat. 88; Pub. L. 112–81, div. A, title V, § 501, , 125 Stat. 1386; Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), , 130 Stat. 2306, 2418; Pub. L. 117–263, div. A, title V, § 501, , 136 Stat. 2557.)