US Code
CHAPTER 1201— AUTHORIZED STRENGTHS AND DISTRIBUTION IN GRADE
§ 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–8E–9
Army Reserve:
10,0001,052154  
11,0001,126168  
12,0001,195180  
13,0001,261191  
14,0001,327202  
15,0001,391213  
16,0001,455224  
17,0001,519235  
18,0001,583246  
19,0001,647257  
20,0001,711268  
21,0001,775278  

Army National Guard:
20,0001,650550  
22,0001,775615  
24,0001,950645  
26,0002,100675  
28,0002,250715  
30,0002,400735  
32,0002,500760  
34,0002,600780  
36,0002,700800  
38,0002,800820  
40,0002,900830  
42,0003,000840  

Navy Reserve:
10,000340143  
11,000364156  
12,000386169  
13,000407182  
14,000423195  
15,000435208  
16,000447221  
17,000459234  
18,000471247  
19,000483260  
20,000495273  
21,000507286  
22,000519299  
23,000531312  
24,000540325  

Marine Corps Reserve:
1,1005011  
1,2005512  
1,3006013  
1,4006514  
1,5007015  
1,6007516  
1,7008017  
1,8008518  
1,9008919  
2,0009320  
2,1009621  
2,2009922  
2,30010123  
2,40010624  
2,50011225  
2,60011626  
2,70012127  
2,80012528  
2,90013029  
3,00013430  

Air Force Reserve:
5007540  
1,00014575  
1,500208105  
2,000270130  
2,500325150  
3,000375170  
3,500420190  
4,000460210  
4,500495230  
5,000530250  
5,500565270  
6,000600290  
7,000670330  
8,000740370  
10,000800400  

Air National Guard:
10,0001,350550  
12,0001,466594  
14,0001,582636  
16,0001,698676  
18,0001,814714  
20,0001,930752  
22,0002,046790  
24,0002,162828  
26,0002,278866  
28,0002,394904  
30,0002,510942  
32,0002,626980  
34,0002,7421,018  
36,0002,8581,056  
38,0002,9741,094  
40,0003,0901,132  .
(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.
(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made.
(e) Full-Time Reserve Component Duty Defined.—In this section, the term “full-time reserve component duty” has the meaning given the term in section 12011(e) of this title.