CHAPTER 180
Public Law 349

May 5,1954
[H.R. 7103]

AN ACT

To establish limitations on the numbers of officers who may serve in various commissioned grades in the Army, Navy, Air Force, and Marine Corps, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Officer Grade Limitation Act of 1954".

TITLE I—ARMY

Sec. 101. The number of commissioned officers on active duty in the Army in each of the following grades on the last day of each fiscal year when compared to the total number of commissioned officers on active duty in the Army authorized by the Secretary of the Army (exclusive of Reserve officers on active duty for training purposes only, and officers serving with other departments or agencies of the Government on a reimbursable basis) shall not exceed the numbers which are set forth in the following table:

Officer strength

General

Colonel

Lieutenant colonel

Major

50,000

350

3,352

6,940

9,350

60,000

400

3,752

8,045

10,950

70,000

425

4,102

9,150

12,500

80,000

450

4,452

10,205

14,050

90.000

475

4,752

11,260

15,600

100,000

495

5,002

12,265

17,060

110,000

510

5,202

13,270

18,370

120,000

520

5,402

14,175

19,680

130,000

530

5,602

15,075

20,890

140,000

540

5,802

15,875

22,095

150,000

550

6,002

16,675

23,300

In the event such authorized strength of commissioned officers on active duty falls between two strengths shown in the above table the numbers will be determined by mathematical interpolation between the numbers prescribed for the two strengths. The numbers authorized for any grade prescribed in the above table may be exceeded by the cumulative number of vacancies in any higher grades. Not more than 50 per centum of the general officer strength may be in a grade above brigadier general.

Sec. 102. When the authorized strength of the Army in commissioned officers on active duty exceeds one hundred and fifty thousand, the Secretary of the Army shall, in general conformity with the table set forth in section 101 of this title, fix the authorized strength in each of the grades covered by that table.

TITLE II—COMMISSIONED OFFICERS IN THE NAVY AND MARINE CORPS

Sec. 201. Subsection 303 (a) of the Officer Personnel Act of 1947, is amended to read as follows:

"Sec. 303. (a) Of the total number of line officers serving on active duty at any one time, exclusive of officers carried by law as additional numbers in grade and of fleet admirals, the number of officers who may serve in each of the grades above lieutenant shall, except as otherwise provided by subsection 303 (k) of this Act, be no greater than a number appropriate to the total number as set forth in the following table:

"UNRESTRICTED LINE

"Total line officers, exclusive of officers carried by law as extra numbers and of fleet admirals

Rear admiral
and above

Captain

Commander

Lieutenant
Commander

32,000

215

1,920

3,840

5760

40,000

222

2,320

4,498

7,080

60,000

228

2,758

5,235

8,650

60,000

237

3,140

5,851

10,148

70,000

244

3,479

6,374

11,487

80,000

252

3,782

6,821

12,752

90,000

259

4,053

7,205

13,914

100,000

262

4,295

7,538

15,030

125,000

291

4,792

8,201

17,500

150,000

305

5,165

8,683

19,500

175,000

323

5,441

9,017

21,175

200,000

342

5,640

9,244

22,560

250,000

379

5,864

9,504

24600

In the event the total number of such line officers serving on active duty falls between two strengths shown in the above table the number in each grade shall be determined by proportionate interpolation between the respective numbers prescribed for the two strengths. Of the number of officers determined under this section for each grade below captain not to exceed the following percentages may be officers designated for limited duty: In the grade of commander, 3.64 per centum; in the grade of lieutenant commander 8.62 per centum."

Sec. 202. Subsection 303 (f) of the Officer Personnel Act of 1947 is amended by deleting all after the words "in each corps" and substituting therefor the words "a number no greater than a number appropriate to the number of officers in that corps serving on active duty, as set forth in the following table:

Total number of officers in the corps on active duty

Number of rear admirals

Supply Corps:


2,600

13

3,000

15

4,000

18

3,000

19

7,000

20

9,000

21

11,000

22

13,000

23

15,000

24

17,000

25

Medical Corps:


3,000

15

4,000

18

5,000

19

7,000

20

9,000

21

11,000

22

13,000

23

15,000

24

Civil Engineer Corps:


1,000

5

1,500

6

2,000

7

3,000

8

4,000

9

5,000

10

7,000

11

Dental Corps:


1,000

5

2,000

6

4,000

7

7,000

8

Chaplain Corps:


500

2

1,000

3

2,800

3

When the total number of officers on active duty in any corps falls between two strengths shown in the appropriate table above the number of rear admirals shall be determined by appropriate interpolation between the numbers prescribed for the two strengths. When the number of officers on active duty in a corps is less than the least tabulated number in the appropriate table the authorized number of rear admirals shall be five-tenths of 1 per centum of the total number of officers on active duty in that corps: Provided further. That such a rear admiral serving as a chief of bureau shall upon termination of his tenure as chief of bureau be carried in excess until the next vacancy occurs in the grade of rear admiral in the corps concerned:

And provided further, That the number of captains in the Medical Service Corps and the number of commanders and lieutenant commanders in the Nurse Corps shall not exceed 2 per centum, 1.75 per centum, and 7.75 per centum, respectively, of the total number of officers in the corps concerned serving on active duty at any one time."

Sec. 203. That portion of subsection 303 (g) of the Officer Personnel Act of 1947, as amended, occurring before the second proviso is further amended to read as follows:

"(g) To determine the authorized number of line officers in each of the various grades above lieutenant, as provided in this section, computations shall be made by the Secretary of the Navy as of the date of approval of this Act and thereafter at such times that the needs of the service require but not less than once annually, and the resulting number in each of such various grades, as so computed, shall, subject to the provisions of subsection (k) of this section, be held and considered for all purposes as the authorized number of officers in each of such various grades and shall not be varied between such computations: Provided, That to determine the authorized number of line officers designated for limited duty in each of the various grades above lieutenant, the Secretary of the Navy, as of the date of approval of this Act and thereafter at such times that the needs of the service require but not less than once annually, shall compute the maximum number of such officers which may serve in each of such various grades, as provided in subsection (a) of this section, and shall determine the number of such officers in each of such various grades, not to exceed such maximum number, required to meet the needs of the service during the ensuing year, and the resulting number in each of such various grades, as so determined, shall be held and considered for all purposes as the authorized number of such officers in each of such various grades, and shall not be varied between such determinations:".

Sec. 204. Subsection 303 (k) of the Officer Personnel Act of 1947 is amended to read as follows:

"(k) Upon determination of the authorized number of officers in each of the various grades above lieutenant, with respect to officers serving on active duty as provided in this section, and with respect to officers holding permanent appointments on the active list of the Regular Navy, as provided in section 103 of title I and section 203 of title II of this Act, computations shall be made by the Secretary of the Navy to determine the authorized number of officers which may serve under temporary appointment in the line in each of the various grades above lieutenant and in each grade in a staff corps where computations are prescribed to determine the authorized number. At the same time, the Secretary of the Navy shall determine within the combined grades of lieutenant, lieutenant (junior grade), and ensign, the number of officers serving under temporary appointments required in each of those grades to meet the needs of the service. Should the Secretary of the Navy determine, at the time of making the computations prescribed by subsections (g) and (h) of this section, that in any grade above lieutenant a lesser number of officers than the computed number of officers for that grade is required to meet the needs of the service, the lesser number shall be held and considered to be the authorized number for that grade and the reduction may be applied as an increase in the authorized number of such officers in any lower grade or grades."

Sec. 205. Subsection 314 (a) of the Officer Personnel Act of 1947 is amended to read as follows:

"Sec. 314. (a) Commissioned officers of the Marine Corps shall be authorized in number in the same proportion to authorized enlisted strength and shall be distributed in grades, promoted, retired, and discharged in like manner and with the same relative conditions in all respects as provided for commissioned officers of the line of the Navy, by existing law, or by laws hereafter enacted, except as may be necessary to adapt the said provisions to the Marine Corps, or as herein otherwise provided. Of the total number of officers not restricted in the performance of duty serving on active duty at any one time, exclusive of officers carried by law as additional numbers in grade, the number of officers who may serve in each of the grades above captain shall, except as otherwise provided by subsection 303 (k) of this Act, be no greater than a number appropriate to the total number as set forth in the following table:

UNRESTRICTED LINE

"Total line officers, exclusive of officers carried by law as extra numbers

Brigadier general and above

Colonel

Lieutenant colonel

Major

10,000

51

600

1,200

1800

12,500

52

615

1,250

2,175

15,000

53

630

1,295

2,535

17,500

54

645

1,335

2,880

20,000

55

660

1,370

3,210

22,500

57

670

1,400

3,525

25,000

59

680

1,425

3,825

27,500

61

690

1,445

4,110

30,000

63

700

1,460

4,380

32,500

65

705

1,470

4,635

35,000

67

710

1,475

4,875

In the event the total number of such line officers serving on active duty falls between two strengths shown in the above table the number in each grade shall be determined by proportionate interpolation between the respective numbers prescribed for the two strengths. Of the number of officers determined under this section for each grade below colonel not to exceed the following percentages may be officers designated for limited duty: In the grade of lieutenant colonel, 3.64 per centum; in the grade of major, 8.62 per centum."

TITLE III - COMMISSIONED OFFICERS OF THE AIR FORCE

Sec. 301. The number of commissioned officers of the Air Force on active duty in each of the following grades on the last day of each fiscal year shall not exceed the numbers, set forth in columns 2, 3, 4, and 5 of the following table, applicable to the total number of commissioned officers of the Air Force determined by the Secretary of the Air Force to be on active duty.

1. Total commissioned officers on active duty

2. General officers

3. Colonel

4. Lieutenant colonel

5. Major

50,000

312

3,133

6,065

9,455

60,000

324

3,540

6,822

11,298

70,000

336

3,857

7,427

13,125

80,000

349

4,107

7,920

14,930

90,000

363

4,299

8,316

16,740

100,000

380

4,440

8,620

18,530

110,000

398

4,750

9,350

20,295

120,000

416

5,020

10,056

22,056

130,000

434

5,273

10,725

23,803

140,000

452

5,484

11,368

25,536

150,000

470

5,665

12,000

27,255

160,000

478

5,842

12,608

28,976

170,000

486

5,974

13,175

30,685

180,000

495

6,075

13,716

32,328

Sec. 302. If the number of commissioned officers on active duty falls between two strength figures set forth in column 1 of the table set forth in section 301 of this title, the numbers in columns 2,3, 4, and 5 of that table shall be determined by mathematical interpolation between the numbers prescribed for the two strengths.

Sec. 303. Not more than 50 per centum of the general officer strength may be in a grade above brigadier general.

Sec. 304. The strength authorized for any grade under the table set forth in section 301 of this title may be exceeded by the number of officers in that grade who are on active duty for training purposes only plus the number assigned to an agency or department, other than the Department of the Air Force, on a reimbursable basis.

Sec. 305. The strength authorized for any grade under section 301, 302, or 303 of this title which is not utilized for that grade may be utilized for any lower grade.

Sec. 306. Whenever circumstances require that the actual strength of the Air Force in commissioned officers on active duty be more than one hundred and eighty thousand, the Secretary of the Air Force shall, in general conformity with the table set forth in section 301 of this title, fix the authorized strength of each of the grades covered by that table.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Subsection 631 (a), and that portion of subsection 631 (b) occurring before the proviso of the Act of August 1,1953 (67 Stat. 355), are repealed.

Sec. 402. That portion of title II of the Act of August 1, 1953, appearing under the heading "Retired Pay" (67 Stat. 337), is amended by deleting all after the word "necessary" and substituting therefor a period.

Sec. 403. The President may suspend all or any part of the provisions of this Act in time of war, or in time of national emergency hereafter declared by the Congress or by the President. Notwithstanding section 426 (c) of the Officer Personnel Act of 1947, as amended, the President may suspend all or any part of those provisions of the Officer Personnel Act of 1947, which are amended by this Act, which relate to grades above that of lieutenant, only in time of war, or in time of national emergency hereafter declared by the Congress or by the President.

Sec. 404. Not later than January 30 of each year, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall present to the Committees on Armed Services of the House of Representatives and the Senate, the estimated active-duty personnel retirements for his respective service for the next fiscal year, the estimated number of commissioned officers in each grade on active duty whether by permanent or temporary appointment, to be promoted during the next fiscal year, and an analysis of the current distribution by grade of commissioned officers serving on active duty, whether by permanent or temporary appointment.

Approved May 5, 1954.