§ 525. Distribution of commissioned officers on active duty in general officer and flag officer grades

§ 525. Distribution of commissioned officers on active duty in general officer and flag officer grades

(a) For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appointment of an officer on the active duty list or the Space Force officer list may be made—

(1) in the Army, if that appointment would result in more than—

(A) 8 officers in the grade of general;

(B) 46 officers in a grade above the grade of major general; or

(C) 90 officers in the grade of major general;

(2) in the Air Force, if that appointment would result in more than—

(A) 9 officers in the grade of general;

(B) 44 officers in a grade above the grade of major general; or

(C) 73 officers in the grade of major general;

(3) in the Navy, if that appointment would result in more than—

(A) 6 officers in the grade of admiral;

(B) 34 officers in a grade above the grade of rear admiral; or

(C) 49 officers in the grade of rear admiral;

(4) in the Marine Corps, if that appointment would result in more than—

(A) 2 officers in the grade of general;

(B) 18 officers in a grade above the grade of major general; or

(C) 21 officers in the grade of major general; and

(5) in the Space Force, if that appointment would result in more than—

(A) 2 officers on sustained duty orders in the grade of general;

(B) 7 officers on sustained duty orders in a grade above the grade of major general; or

(C) 6 officers on sustained duty orders in the grade of major general.

(b) The limitations of subsection (a) do not include the following:

(1) An officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment, except that the Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, but no more than three officers from each armed forces may be on active duty who are excluded under this paragraph.

(2) The number of officers required to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service.

(c)

(1) Subject to paragraph (3), the President—

(A) may make appointments in the Army, Air Force, Marine Corps, and Space Force in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and

(B) may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).

(2) For each appointment made under the authority of paragraph (1) in the Army, Air Force, Marine Corps, or Space Force in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the armed force in which the reduction required by this paragraph is to be made.

(3)

(A) The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15.

(B) The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.

(4) Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that armed force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another armed force by reason of that increase shall no longer be in effect.

(d) An officer continuing to hold the grade of general or admiral under section 601(b)(5) of this title after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Chief of Space Operations shall not be counted for purposes of this section.

(e) The following officers shall not be counted for purposes of this section:

(1) An officer of that armed force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.

(2) At the discretion of the Secretary of Defense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.

(f) An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer’s armed force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (a).

(g) A naval officer while serving as the Medical Officer of the Marine Corps is in addition to the number that would otherwise be permitted for the Navy for officers serving on active duty in the grade of rear admiral (lower half) under subsection (a).

(h)

(1) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and are not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.

(2) Not later than 30 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives of such authorization, and shall include with such notice a statement of the reason for such authorization.

(3) The limitations of this section do not apply to a Space Force general officer serving in a Space Force active status but not on sustained duty orders, and who is on active service for a period in excess of 365 days but not to exceed three years. Unless authorized by the Secretary of Defense, the number of Space Force general officers covered by this subsection and not serving in a joint duty assignment for purposes of chapter 38 of this title may not exceed two. Not later than 30 days after authorizing more than two Space Force general officers covered by this subsection, the Secretary of Defense shall provide the notification required in accordance with paragraph (2).

(Added Pub. L. 96–513, title I, § 103, Dec. 12, 1980, 94 Stat. 2844; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title II, § 202(a), Oct. 1, 1986, 100 Stat. 1010; Pub. L. 100–180, div. A, title V, § 511(a), Dec. 4, 1987, 101 Stat. 1088; Pub. L. 101–510, div. A, title IV, § 405, Nov. 5, 1990, 104 Stat. 1546; Pub. L. 103–337, div. A, title IV, § 405(a), Oct. 5, 1994, 108 Stat. 2744; Pub. L. 104–106, div. A, title IV, § 403(a), Feb. 10, 1996, 110 Stat. 286; Pub. L. 104–201, div. A, title IV, § 404(b), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 105–261, div. A, title IV, §§ 404, 406, Oct. 17, 1998, 112 Stat. 1996; Pub. L. 106–65, div. A, title V, §§ 509(b), (c), 532(b), Oct. 5, 1999, 113 Stat. 592, 604; [Pub. L. 106–398, § 1 [div. A], title V, § 507(g)], Oct. 30, 2000, 114 Stat. 1654, 1654A–105; Pub. L. 107–314, div. A, title IV, §§ 404(a), (b), 405(b), Dec. 2, 2002, 116 Stat. 2525, 2526; Pub. L. 108–136, div. A, title V, § 504(b), Nov. 24, 2003, 117 Stat. 1456; Pub. L. 109–163, div. A, title V, § 503(a), Jan. 6, 2006, 119 Stat. 3226; Pub. L. 109–364, div. A, title V, § 507(b), Oct. 17, 2006, 120 Stat. 2180; Pub. L. 110–181, div. A, title V, §§ 501(b), 543(d), Jan. 28, 2008, 122 Stat. 94, 115; Pub. L. 110–417, [div. A], title V, §§ 503(d), 504(b), Oct. 14, 2008, 122 Stat. 4433, 4434; Pub. L. 111–84, div. A, title V, § 502(b)–(d), Oct. 28, 2009, 123 Stat. 2273–2275; Pub. L. 111–383, div. A, title X, § 1075(b)(12), (d)(2), Jan. 7, 2011, 124 Stat. 4369, 4372; Pub. L. 112–81, div. A, title V, §§ 502(a)(1), (b)(2), 511(a)(3), Dec. 31, 2011, 125 Stat. 1386, 1387, 1391; Pub. L. 114–328, div. A, title V, § 503(a), Dec. 23, 2016, 130 Stat. 2107; Pub. L. 116–283, div. A, title V, § 501(c)(1), Jan. 1, 2021, 134 Stat. 3563; Pub. L. 117–263, div. A, title V, §§ 502, 503, Dec. 23, 2022, 136 Stat. 2557, 2558; Pub. L. 118–159, div. A, title V, §§ 501, 509B(b), Dec. 23, 2024, 138 Stat. 1868, 1872; Pub. L. 119–60, div. A, title V, § 501(a), title XVII, § 1701(a)(9), Dec. 18, 2025, 139 Stat. 853, 1208.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60, § 501(a)(1)(A), inserted “or the Space Force officer list” after “officer on the active duty list” in introductory provisions.

Subsec. (a)(4)(C). Pub. L. 119–60, § 1701(a)(9), struck out period after “21”.

Subsec. (a)(5)(A). Pub. L. 119–60, § 501(a)(1)(B)(i), substituted “officers on sustained duty orders in the grade of general” for “officers in the grade of general”.

Subsec. (a)(5)(B). Pub. L. 119–60, § 501(a)(1)(B)(ii), substituted “officers on sustained duty orders in a grade above” for “officers in a grade above”.

Subsec. (a)(5)(C). Pub. L. 119–60, § 501(a)(1)(B)(iii), substituted “officers on sustained duty orders in the grade” for “officers in the grade”.

Subsec. (h)(3). Pub. L. 119–60, § 501(a)(2), added par. (3).

2024—Subsec. (a)(4)(B). Pub. L. 118–159, § 501(1), substituted “18 officers” for “17 officers”.

Subsec. (a)(4)(C). Pub. L. 118–159, § 501(2), substituted “21. officers” for “22 officers”.

Subsecs. (g), (h). Pub. L. 118–159, § 509B(b), added subsec. (g) and redesignated former subsec. (g) as (h).

2022—Subsec. (a). Pub. L. 117–263, § 502(1)(A), substituted “made—” for “made as follows:” in introductory provisions.

Subsec. (a)(3)(B). Pub. L. 117–263, § 503(1), substituted “34” for “33”.

Subsec. (a)(3)(C). Pub. L. 117–263, § 503(2), substituted “49” for “50”.

Subsec. (a)(5). Pub. L. 117–263, § 502(1)(B), (C), added par. (5).

Subsec. (c)(1)(A). Pub. L. 117–263, § 502(2)(A), substituted “Marine Corps, and Space Force” for “and Marine Corps”.

Subsec. (c)(2). Pub. L. 117–263, § 502(2)(B), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Subsec. (d). Pub. L. 117–263, § 502(3), substituted “Commandant of the Marine Corps, or Chief of Space Operations” for “or Commandant of the Marine Corps”.

2021—Subsec. (a)(1)(A). Pub. L. 116–283 substituted “8” for “7”.

2016—Subsec. (a)(4)(B). Pub. L. 114–328, § 503(a)(1), substituted “17” for “15”.

Subsec. (a)(4)(C). Pub. L. 114–328, § 503(a)(2), substituted “22” for “23”.

2011—Subsec. (a). Pub. L. 112–81, § 502(b)(2)(A)–(C), substituted “46” for “45” in par. (1)(B), “44” for “43” in par. (2)(B), and “33” for “32” in par. (3)(B).

Subsec. (a)(4)(C). Pub. L. 112–81, § 502(b)(2)(D), substituted “23” for “22”.

Subsec. (b). Pub. L. 112–81, § 502(a)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to exclusions from limitations on appointment of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy.

Subsec. (b)(1)(D). Pub. L. 112–81, § 511(a)(3)(A), struck out subpar. (D) which read as follows: “An officer while serving as Chief of the National Guard Bureau.”

Subsec. (c)(3)(B). Pub. L. 111–383, § 1075(d)(2), made technical amendment to directory language of Pub. L. 111–84, § 502(c)(3). See 2009 Amendment note below.

Subsec. (d). Pub. L. 111–383, § 1075(b)(12)(A), substituted “section 601(b)(5)” for “section 601(b)(4)”.

Subsec. (g)(1). Pub. L. 111–383, § 1075(b)(12)(B), substituted “and are not” for “and is not” and inserted period at end.

Subsec. (g)(2), (3). Pub. L. 112–81, § 511(a)(3)(B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “The exception in paragraph (1) does apply to the position of Chief of the National Guard Bureau.”

2009—Subsecs. (a), (b). Pub. L. 111–84, § 502(b), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to limitations on appointments in a grade above brigadier general in the Army, Air Force, or Marine Corps or in a grade above rear admiral (lower half) in the Navy and limitations on appointments in a grade above major general in the Army, Air Force, or Marine Corps or in a grade above rear admiral in the Navy, respectively.

Subsec. (c)(1)(A). Pub. L. 111–84, § 502(c)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army and Air Force in the grade of general in excess of the applicable numbers determined under subsection (b)(1), and may make appointments in the Marine Corps in the grade of general in addition to the Commandant and Assistant Commandant, if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and”.

Subsec. (c)(1)(B). Pub. L. 111–84, § 502(c)(1)(B), substituted “this section” for “subsection (b)(2)”.