List of Active Duty United States Four-star Officers - Exceptions To Statutory Limits

Exceptions To Statutory Limits

There are several exceptions to the limits allowing more than allotted four-star officers within the statute. A four-star officer serving as Chairman or Vice Chairman of the Joint Chiefs of Staff does not count against his or her service's general or flag officer cap. An officer serving as Chief of the National Guard Bureau does not count against his or her service's general officer cap. The Secretary of Defense can designate no more than 20 additional four-star officers, who do not count against any service's general or flag officer limit, to serve in one of several joint positions. These positions include the commander of a unified combatant command, the commander of U.S. Forces Korea, and the deputy commander of U.S. European Command but only if the commander of that command is also the Supreme Allied Commander, Europe. Officers serving in certain intelligence positions are not counted against statutory limit, including the Director of the Central Intelligence Agency. The President may also add up to 5 four-star slots to one service if they are offset by removing an equivalent number from other services. Finally, all statutory limits may be waived at the President's discretion during time of war or national emergency.

On September 14, 2001, the President declared a national emergency and invoked his authority to waive all statutory limits on the number and grade distribution of general and flag officers on active duty. On this basis, a number of senior officers in the Middle East have been appointed in excess of the normal limits, including the four-star commanders of the Afghanistan and Iraq theaters, and the temporary authorization for their positions will expire shortly following the termination of the national emergency.