10 U.S.C. § 8101
§ 8101. Prescribed number; vacancies
In this chapter, the term “prescribed number” or “number … prescribed” as applied to a grade, means the number of officers of a described corps, designation, or other category that shall be maintained in the grade concerned. Except as otherwise specifically provided, the actual number of officers in a grade may not exceed the prescribed number. Vacancies occur whenever, and to the extent that, the actual number falls below the prescribed number.
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