Pub. L. 84-1028, tit. 10, subtit. B, pt. II, ch. 331, sec. 3211
Regular Army: strength in grade; promotion-list officers
§ 3211. Regular Army: strength in grade; promotion-list officers (a) Subject to subsection (b), the authorized strength of the Regular Army in officers in each regular grade on each of the promotion lists set forth in section 3296 of this title shall be as prescribed by the Secretary of the Army. A vacancy in any grade on a promotion list may be filled by an appointment in any lower grade. (b) Each strength prescribed by the Secretary under subsection (a) shall be stated as a percentage of the strength authorized for the particular list, and the schedule of percentages may be different for each list. No schedule for a list may authorize, with respect to a grade, a percentage that is higher than the sum of (1) the figure fixed for the grade according to the following table, and (2) the amounts, if any, by which the percentages fixed by the Secretary for higher grades are less than the figures fixed according to that table: Grade Column 1 Column 2 Column 3 Medical Corps, Dental Corps, Veterinary Corps, Chaplains, Judge Advocate General's Corps Women's Army Corps All other promotion lists 1 Colonels whose retirement is referred under section 3921 (b) of this are not included within this percentage. 2 None may be authorized by the Secretary for this category. 3 As determined by the Secretary, except that the column must total 100 percent. Percent Percent Percent Colonel 1 8 (2)— 18 Lieutenant colonel 14 10 14 Major 19 2 19-31 19 Captain 23 2 23-35 23 First lieutenant 30 2 18-30 18 Second lieutenant (2)— 2 18-30 18