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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

(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:
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
Air Force:
35,0009,2167,0902,125
40,00010,0257,4782,306
45,00010,8357,8662,487
50,00011,6458,2532,668
55,00012,4548,6412,849
60,00013,2649,0293,030
65,00014,0739,4173,211
70,00014,8839,8053,392
75,00015,69310,1933,573
80,00016,50210,5823,754
85,00017,31210,9713,935
90,00018,12111,3604,115
95,00018,93111,7494,296
100,00019,74112,1384,477
105,00020,55012,5274,658
110,00021,36012,9154,838
115,00022,16913,3045,019
120,00022,97913,6925,200
125,00023,78914,0815,381
Marine Corps:
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
Space Force: 1
3,9001,016782234
4,3001,135873262
5,0001,259845315
7,0001,6591,045415
10,0002,2591,345565.
1 Table heading editorially supplied.
(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 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.
(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

(C)

on full-time National Guard duty.

(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.

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.

  1. 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. 2842

  2. Department 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);

  3. 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);

  4. 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.

  5. 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.

  6. 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”.

  7. 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”;

  8. 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)”; and

  9. Reserve 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”.

  10. 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.”

  11. 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.”

  12. 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”.

  13. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 416(g)(1) · 118 Stat. 1811

    1. Amended · 10 U.S.C. § 523(b)(1)

      Pub. L. 108–375, § 416(g)(1), as amended by Pub. L. 109–364

    2. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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”.

  18. 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”.

  19. 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”.

  20. 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))”.

  21. 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.” .

  22. 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
  1. 1980Added Pub. L. 96–513, title I, § 103, , 94 Stat. 2842
  2. 1984amended Pub. L. 98–525, title IV, § 414(a)(3), , 98 Stat. 2518
  3. 1985Pub. L. 99–145, title V, § 511(a), , 99 Stat. 623
  4. 1986Pub. L. 99–433, title V, § 531(a)(1), , 100 Stat. 1063
  5. 1991Pub. L. 102–190, div. A, title IV, § 431, , 105 Stat. 1354
  6. 1994Pub. L. 103–337, div. A, title XVI, § 1673(c)(3), , 108 Stat. 3014
  7. 1996Pub. L. 104–201, div. A, title IV, § 403(a), (b), , 110 Stat. 2504, 2505
  8. 2002Pub. L. 107–314, div. A, title IV, § 406, , 116 Stat. 2526
  9. 2004Pub. L. 108–375, div. A, title IV, §§ 404, 416(g), , 118 Stat. 1864, 1868
  10. 2006Pub. L. 109–364, div. A, title X, § 1071(g)(1)(B), , 120 Stat. 2402
  11. 2008Pub. L. 110–181, div. A, title IV, §§ 404, 405, , 122 Stat. 88
  12. 2011Pub. L. 112–81, div. A, title V, § 501, , 125 Stat. 1386
  13. 2016Pub. L. 114–328, div. A, title VIII, § 866(b), title X, § 1081(b)(1)(A)(iii), , 130 Stat. 2306, 2418
  14. 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.)

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