--- kind: "section" citation: "10 U.S.C. § 12005" title: "10" title_heading: "Armed Forces" number: "12005" heading: "Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/12005" units: - "Subtitle E — Reserve Components" - "Part II — Personnel Generally" - "Chapter 1201 — Authorized Strengths and Distribution in Grade" --- # §12005. Strength in grade: commissioned officers in grades below brigadier general or rear admiral (lower half) in an active status - (a) - (1) Subject to [paragraph (2)](#a-2), the [authorized strength](/usc/10/101.md?p=b-11) of the Army and the Air Force in [reserve](/usc/10/101.md?p=c-6) [commissioned officers](/usc/10/101.md?p=b-2) in an [active status](/usc/10/101.md?p=d-4) in each [grade](/usc/10/101.md?p=b-7) named in [paragraph (2)](#a-2) is as prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Army or the [Secretary](/usc/10/12521.md?p=4) of the Air Force, respectively. A vacancy in any [grade](/usc/10/101.md?p=b-7) may be filled by an authorized appointment in any lower [grade](/usc/10/101.md?p=b-7). - (2) A strength prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9) under [paragraph (1)](#a-1) for a [grade](/usc/10/101.md?p=b-7) 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](/usc/10/12003.md) that is specified for that [grade](/usc/10/101.md?p=b-7) as follows: | [Grade](/usc/10/101.md?p=b-7) | Army percentage | Air Force percentage | | --- | --- | --- | | Colonel | 2 | 1.8 | | Lieutenant colonel | 6 | 4.6 | | Major | 13 | 14.0 | | Captain | 35 | 32.0 | | First lieutenant and second lieutenant (when combined with the number authorized for [general officer](/usc/10/101.md?p=b-4) [grades](/usc/10/101.md?p=b-7) under [section 12004 of this title](/usc/10/12004.md)) | 44 | 47.6 | - (3) [Medical officers](/usc/10/101.md?p=b-14) and [dental officers](/usc/10/101.md?p=b-15) shall not be counted for the purposes of this subsection. - (b) - (1) The [authorized strengths](/usc/10/101.md?p=b-11) of the Navy [Reserve](/usc/10/101.md?p=c-6) in line [officers](/usc/10/101.md?p=b-1) in an [active status](/usc/10/101.md?p=d-4) in the [grades](/usc/10/101.md?p=b-7) of captain, commander, lieutenant commander, and lieutenant, and in the [grades](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)) and ensign combined, are the following percentages of the total authorized number of those [officers](/usc/10/101.md?p=b-1): | | | | --- | --- | | Captain | 1.5 percent | | Commander | 7 percent | | Lieutenant commander | 22 percent | | Lieutenant | 37 percent | | Lieutenant (junior [grade](/usc/10/101.md?p=b-7)) and ensign (when combined with the number authorized for [flag officer](/usc/10/101.md?p=b-5) [grades](/usc/10/101.md?p=b-7) under [section 12004 of this title](/usc/10/12004.md)) | 32.5 percent. | - (2) When the actual number of line [officers](/usc/10/101.md?p=b-1) in an [active status](/usc/10/101.md?p=d-4) in any [grade](/usc/10/101.md?p=b-7) is less than the number authorized by [paragraph (1)](#b-1) for that [grade](/usc/10/101.md?p=b-7), the difference may be applied to increase the number authorized by that paragraph for any lower [grade](/usc/10/101.md?p=b-7) or [grades](/usc/10/101.md?p=b-7). - (c) - (1) The [authorized strengths](/usc/10/101.md?p=b-11) of the Marine Corps [Reserve](/usc/10/101.md?p=c-6) in [officers](/usc/10/101.md?p=b-1) in an [active status](/usc/10/101.md?p=d-4) in the [grades](/usc/10/101.md?p=b-7) of colonel, lieutenant colonel, major, and captain, and in the [grades](/usc/10/101.md?p=b-7) of first lieutenant and second lieutenant combined, are the following percentages of the total authorized number of those [officers](/usc/10/101.md?p=b-1): | | | | --- | --- | | Colonel | 2 percent | | Lieutenant colonel | 8 percent | | Major | 16 percent | | Captain | 39 percent | | First lieutenant and second lieutenant (when combined with the number authorized for [general officer](/usc/10/101.md?p=b-4) [grades](/usc/10/101.md?p=b-7) under [section 12004 of this title](/usc/10/12004.md)) | 35 percent. | - (2) When the actual number of [officers](/usc/10/101.md?p=b-1) in an [active status](/usc/10/101.md?p=d-4) in any [grade](/usc/10/101.md?p=b-7) is less than the number authorized by [paragraph (1)](#c-1) for that [grade](/usc/10/101.md?p=b-7), the difference may be applied to increase the number authorized by that paragraph for any lower [grade](/usc/10/101.md?p=b-7) or [grades](/usc/10/101.md?p=b-7). - (d) - (1) An [officer](/usc/10/101.md?p=b-1) of the Army or Air Force may not be reduced in [grade](/usc/10/101.md?p=b-7) because of a reduction in the number of [commissioned officers](/usc/10/101.md?p=b-2) authorized for the [officer](/usc/10/101.md?p=b-1)’s [grade](/usc/10/101.md?p=b-7) under this section. - (2) An [officer](/usc/10/101.md?p=b-1) of the Navy [Reserve](/usc/10/101.md?p=c-6) or the Marine Corps [Reserve](/usc/10/101.md?p=c-6) may not be reduced in permanent [grade](/usc/10/101.md?p=b-7) because of a reduction in the number authorized by this section for his [grade](/usc/10/101.md?p=b-7). ## Source credit (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.) ## Notes ### Editorial Notes ### Prior Provisions 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). ### Amendments 2006—Subsec. (b)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in introductory provisions. Subsec. (d)(2). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”. 2004—Subsec. (c)(1). Pub. L. 108–375 amended table generally, increasing percentages of authorized number of officers in grades other than colonel. 2000—Subsec. (a)(3). Pub. L. 106–398 added par. (3). ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.