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§ 12012. Authorized strengths: senior enlisted members on active duty or on full-time National Guard duty for administration of the reserves or the National Guard
(a)
Limitations.—
Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members in each of pay grades of E–8 and E–9 who may be serving on active duty under section
10211 or
12310, or on full-time National Guard duty under the authority of section
502
(f) of title
32 (other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve components or the National Guard may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table:
| Total number of members of a reserve component serving on full-time reserve component duty: | Number of members of that reserve component who may be serving in the grade of: | E–8 | E–9 |
|---|---|---|---|
| Army Reserve: | |||
| 10,000 | 1,052 | 154 | |
| 11,000 | 1,126 | 168 | |
| 12,000 | 1,195 | 180 | |
| 13,000 | 1,261 | 191 | |
| 14,000 | 1,327 | 202 | |
| 15,000 | 1,391 | 213 | |
| 16,000 | 1,455 | 224 | |
| 17,000 | 1,519 | 235 | |
| 18,000 | 1,583 | 246 | |
| 19,000 | 1,647 | 257 | |
| 20,000 | 1,711 | 268 | |
| 21,000 | 1,775 | 278 | |
| Army National Guard: | |||
| 20,000 | 1,650 | 550 | |
| 22,000 | 1,775 | 615 | |
| 24,000 | 1,950 | 645 | |
| 26,000 | 2,100 | 675 | |
| 28,000 | 2,250 | 715 | |
| 30,000 | 2,400 | 735 | |
| 32,000 | 2,500 | 760 | |
| 34,000 | 2,600 | 780 | |
| 36,000 | 2,700 | 800 | |
| 38,000 | 2,800 | 820 | |
| 40,000 | 2,900 | 830 | |
| 42,000 | 3,000 | 840 | |
| Navy Reserve: | |||
| 10,000 | 340 | 143 | |
| 11,000 | 364 | 156 | |
| 12,000 | 386 | 169 | |
| 13,000 | 407 | 182 | |
| 14,000 | 423 | 195 | |
| 15,000 | 435 | 208 | |
| 16,000 | 447 | 221 | |
| 17,000 | 459 | 234 | |
| 18,000 | 471 | 247 | |
| 19,000 | 483 | 260 | |
| 20,000 | 495 | 273 | |
| 21,000 | 507 | 286 | |
| 22,000 | 519 | 299 | |
| 23,000 | 531 | 312 | |
| 24,000 | 540 | 325 | |
| Marine Corps Reserve: | |||
| 1,100 | 50 | 11 | |
| 1,200 | 55 | 12 | |
| 1,300 | 60 | 13 | |
| 1,400 | 65 | 14 | |
| 1,500 | 70 | 15 | |
| 1,600 | 75 | 16 | |
| 1,700 | 80 | 17 | |
| 1,800 | 85 | 18 | |
| 1,900 | 89 | 19 | |
| 2,000 | 93 | 20 | |
| 2,100 | 96 | 21 | |
| 2,200 | 99 | 22 | |
| 2,300 | 101 | 23 | |
| 2,400 | 103 | 24 | |
| 2,500 | 105 | 25 | |
| 2,600 | 107 | 26 | |
| Air Force Reserve: | |||
| 500 | 75 | 40 | |
| 1,000 | 145 | 75 | |
| 1,500 | 208 | 105 | |
| 2,000 | 270 | 130 | |
| 2,500 | 325 | 150 | |
| 3,000 | 375 | 170 | |
| 3,500 | 420 | 190 | |
| 4,000 | 460 | 210 | |
| 4,500 | 495 | 230 | |
| 5,000 | 530 | 250 | |
| 5,500 | 565 | 270 | |
| 6,000 | 600 | 290 | |
| 7,000 | 670 | 330 | |
| 8,000 | 740 | 370 | |
| 10,000 | 800 | 400 | |
| Air National Guard: | |||
| 5,000 | 1,020 | 405 | |
| 6,000 | 1,070 | 435 | |
| 7,000 | 1,120 | 465 | |
| 8,000 | 1,170 | 490 | |
| 9,000 | 1,220 | 510 | |
| 10,000 | 1,270 | 530 | |
| 11,000 | 1,320 | 550 | |
| 12,000 | 1,370 | 570 | |
| 13,000 | 1,420 | 589 | |
| 14,000 | 1,470 | 608 | |
| 15,000 | 1,520 | 626 | |
| 16,000 | 1,570 | 644 | |
| 17,000 | 1,620 | 661 | |
| 18,000 | 1,670 | 678 | |
| 19,000 | 1,720 | 695 | |
| 20,000 | 1,770 | 712. |
(b)
Determinations by Interpolation.—
If the total number of members of a reserve component serving on full-time reserve component duty is between any two consecutive numbers in the first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table.
(c)
Reallocations to Lower Grade.—
Whenever the number of members serving in pay grade E–9 for duty described in subsection (a) 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 pay grade E–8.
(d)
Secretarial Waiver.—
(1)
Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table.
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