Pub. L. 83-773, tit. IV, sec. 402

Sec. 402. (a) The authorized number of officers in the Naval Reserve in an active status shall be one hundred and fifty thousand and the authorized number of officers in an active status in the Marine Corps Reserve shall be twenty-nine thousand five hundred. The actual number of Reserve officers in an active status at any time shall not exceed these authorized numbers unless the Secretary shall determine that a greater number is necessary for planned mobilization requirements, or unless such excess shall result directly from the operation of mandatory provisions of this or other laws. (b) The authorized number of officers of the line of the Naval Reserve in active status in each of the grades below the grade of rear 68 Stat. 1167 admiral shall be a percentage of the total number of such officers in active status below the grade of rear admiral, and shall be 1.5 per centum in the grade of captain, 7 per centum in the grade of commander, 22 per centum in the grade of lieutenant commander, 37 per centum in the grade of lieutenant, and 32.5 per centum in the combined grades of lieutenant (junior grade) and ensign, except that when the actual number of Naval Reserve line officers in active status in any grade is less than the number which is so authorized, the difference may be applied to increase the authorized number in any lower grade or grades. No Reserve officer shall be reduced in rank or grade solely because of a reduction in an authorized number provided in this subsection. The authorized number of Naval Reserve officers in active status in the grade of rear admiral shall be forty-eight, distributed among the line and staff corps of the Naval Reserve in the following numbers: twenty-eight in the line, seven in the Medical Corps, eight in the Supply Corps, one in the Chaplain Corps, two in the Civil Engineer Corps, and two in the Dental Corps. (c) The authorized number of officers of the Marine Corps Reserve in active status in each of the grades below the grade of brigadier general shall be a percentage of the total number of such officers in active status below the grade of brigadier general, and shall be 2 per centum in the grade of colonel, 6 per centum in the grade of lieutenant colonel, 12 per centum in the grade of major, 35 per centum in the grade of captain, and 45 per centum in the combined grades of first and second lieutenant, except that when the actual number of Marine Corps Reserve officers in active status in any grade is less than the number which is so authorized, the difference may be applied to increase the authorized number in any lower grade or grades. No Reserve officer shall be reduced in rank or grade solely because of a reduction in an authorized number provided in this subsection. The total authorized number of Marine Corps Reserve officers in active status in general officer grades shall be five. (d) The Secretary shall prescribe the number of Reserve officers in each grade who may be promoted annually under the provisions of this title. The number which shall be so prescribed for each grade shall be the number determined to be necessary to provide equitable opportunity for promotion among succeeding groups of Reserve officers and an adequate continuing strength of Reserve officers in an active status, and shall not cause the number of Reserve officers in active status in any grade to exceed the number authorized in this section for that grade.