§9110. Regular Air Force: strength in grade; general officers
(a) Subject to section 526 of this title, the authorized strength of the Regular Air Force in general officers on the active-duty list is 75/10,000 of the authorized strength of the Regular Air Force in commissioned officers on the active-duty list. Of this authorized strength, not more than one-half may be in a regular grade above brigadier general.
(b) When the application of subsection (a) results in a fraction, a fraction of one-half or more is counted as one, and a fraction of less than one-half is disregarded.
(c) General officers on the active-duty list of the Regular Air Force who are specifically authorized by law to hold a civil office under the United States, or an instrumentality thereof, are not counted in determining authorized strength under this section.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8210(a) | 10:506a(a) (words before 1st semicolon). | Aug. 7, 1947, ch. 512, §503(a), |
| 8210(b) | 10:506a(a) (less words before 1st semicolon, and less provisos). | |
| 8210(c) | 10:506a(a) (1st, 2d, and 3d provisos). | |
| 8210(d) | 10:506a(a) (4th proviso). | |
| 8210(e) | 10:506a(a) (last proviso). |
As enacted, section 503(a) of the Officer Personnel Act of 1947 (10:506a(a)) provided, subject to certain percentage limitations, for the following authorized strength of the Regular Army in general officers on the active list:
| Medical Corps | 16 |
| Dental Corps | 4 |
| Veterinary Corps | 1 |
| The Chaplains | 2 |
| Army, exclusive of the above | 334 |
| Total | 357 |
Under section 208(e) of the National Security Act of 1947 (5 U.S.C. 626c(e)), allocations of those authorized strengths were made between the Army and the Air Force as follows:
| Army | Air Force | |
|---|---|---|
| Medical Corps | 12 | 4 |
| Dental Corps | 3 | 1 |
| Veterinary Corps | 1 | 0 |
| The Chaplains | 1 | 1 |
| Army and Air Force, exclusive of the above | 184 | 150 |
| Total | 201 | 156 |
After the enactment of the Officer Personnel Act of 1947, section 308 of the Army Organization Act of 1950 (10:61–1) provided for an Assistant Judge Advocate General and three brigadier generals in the Judge Advocate General's Corps of the Army. The creation of these four general officer spaces served to increase the mentioned authorized strength figure from 357 to 361, and the figure 201 to 205. The opinion of the Judge Advocate General of the Army (JAGA 1948/5806, 2 Sept. 1948) is in accord with that conclusion.
The revised section reflects the authorized strength of the Regular Air Force in general officers on the active list resulting from the mentioned allocation to the Air Force.
That allocation, and those mentioned in the explanation of subsection (c) below, have had the force of law since July 26, 1950, when the period for transfers, including the administrative authority to change these allocations, expired.
The word "regular" is substituted for the word "permanent" throughout the revised subsection.
In subsection (c), 10:506a(a) (1st proviso) is omitted, since there is no authority to appoint to a regular grade above major general. 10:506a(a) (last 65 words of 2d proviso) is omitted as executed by the declaration of a national emergency on December 16, 1950.
In subsection (c)(1), the figures "4" and "2" result from the allocation of the original figures "16" and "8".
In subsection (c)(2), the figure "1" results from the allocation of the original figures "4" and "2".
In subsection (c)(3), the figure "1" results from the allocation of the original figures "2" and "1". (The major general was allocated to the Army, the brigadier general to the Air Force.)
In subsection (c)(4), the figures "150" and "75" result from the allocation of the original figures "334" and "167". That allocation corresponds to the allotment made by the Secretary of War between the Air Corps and the Army exclusive of the Air Corps, the Medical Department, and the Chaplains, under 10: 506a(a) (3d proviso). That proviso is omitted as executed.
In subsection (e), the words "by law to hold any civil office under the United States" are substituted for the words "by Acts of Congress to hold appointments in the Diplomatic or Consular Service of the Government or to hold any civil office under the Government".
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8210(a) | 10 App.:506a(a)(2) (less 4th and last sentences). | July 20, 1956, ch. 646, §302 (less 1st par.), |
| 8210(b) | 10 App.:506a(a)(2) (4th sentence). | |
| 8210(c) | 10 App.:506a(a)(2) (last sentence). |
In subsection (a), the words "Subject to section 8202(a) of this title" are substituted for 10 App.:506a(a)(2) (3d sentence).
Editorial Notes
Amendments
2018-
1991-Subsec. (a).
1980-Subsecs. (a), (c).
1958-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by