§ 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) 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–9Army 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) 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) 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. (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) In this section, the term “full-time reserve component duty” has the meaning given the term in section 12011(e) of this title.