10 U.S.C. § 14508 — Removal from the reserve active-status list for years of service: reserve general and flag officers

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 765 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets mandatory removal ages and years-of-service limits for reserve general and flag officers. Brigadier generals and rear admirals leave after 30 years or five years in grade, whichever is later. Higher grades face longer service caps, up to 40 years for full generals and admirals. Some officers can be retained a bit longer, up to fixed age limits, with limited slots.

(a) Thirty Years or Five Years in Grade for Brigadier Generals and Rear Admirals (Lower Half). Unless retired, transferred to the Retired Reserve, or discharged earlier, each reserve brigadier general (Army, Air Force, Marine Corps) not recommended for promotion to major general, and each reserve rear admiral (lower half) (Navy) not recommended for promotion to rear admiral, must be separated under section 14514 of this title 30 days after completing 30 years of commissioned service, or on the fifth anniversary of the officer's appointment to that grade, whichever is later. (b) Thirty-Five Years or Five Years in Grade for Major Generals and Rear Admirals. Under the same conditions, a reserve major general or rear admiral not recommended for the next grade must be separated 30 days after completing 35 years of commissioned service, or on the fifth anniversary of the officer's appointment to that grade, whichever is later. (c) Thirty-Eight Years for Lieutenant Generals and Vice Admirals. A reserve lieutenant general or vice admiral must be separated on the later of: (1) 30 days after completing 38 years of commissioned service, or (2) the fifth anniversary of the officer's appointment to that grade. (d) Forty Years for Generals and Admirals. A reserve general or admiral must be separated on the first day of the first month after the later of the fifth anniversary of the officer's appointment to that grade, or 30 days after completing 40 years of commissioned service. (e) Retention of Brigadier Generals. The Secretary of the Army or Air Force may, at their discretion, retain a brigadier general who would otherwise be removed under subsection (a), but not past the last day of the month the officer turns 62. No more than 10 Army officers and 10 Air Force officers may be retained this way at any one time. (f) Retention of Major Generals. The same Secretaries may retain a major general who would otherwise be removed under subsection (b), but not past the date the officer turns 64, with the same 10-officer cap for each service. (g) Retention of Lieutenant Generals. The same Secretaries may retain a lieutenant general who would otherwise be removed under subsection (c), but not past the date the officer turns 66. (h) Exception for State Adjutants General and Assistant Adjutants General. This section does not apply to an officer who is a state's adjutant general or assistant adjutant general.

the actual law source: uscode.house.gov ↗public domain

(a)Thirty Years Service or Five Years in Grade for Brigadier Generals and Rear Admirals (Lower Half).—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of brigadier general who has not been recommended for promotion to the grade of major general, and each reserve officer of the Navy in the grade of rear admiral (lower half) who has not been recommended for promotion to rear admiral shall, 30 days after completion of 30 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of brigadier general or rear admiral (lower half), whichever is later, be separated in accordance with section 14514 of this title.

(b)Thirty-Five Years Service or Five Years in Grade for Major Generals and Rear Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general, and each reserve officer of the Navy in the grade of rear admiral, shall, 30 days after completion of 35 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of major general or rear admiral, whichever is later, be separated in accordance with section 14514 of this title.

(c)Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following:

(1)

30 days after completion of 38 years of commissioned service.

(2)

The fifth anniversary of the date of the officer’s appointment in the grade of lieutenant general or vice admiral.

(d)Forty Years of Service for Generals and Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of general and each reserve officer of the Navy in the grade of admiral shall be separated in accordance with section 14514 of this title on the first day of the first month beginning after the date of the fifth anniversary of the officer’s appointment to that grade or 30 days after the date on which the officer completes 40 years of commissioned service, whichever is later.

(e)Retention of Brigadier Generals.—

A reserve officer of the Army or Air Force in the grade of brigadier general who would otherwise be removed from an active status under subsection (a) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the last day of the month in which the officer becomes 62 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time.

(f)Retention of Major Generals.—

A reserve officer of the Army or Air Force in the grade of major general who would otherwise be removed from an active status under subsection (b) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 64 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time.

(g)Retention of Lieutenant Generals.—

A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.

(h)Exception for State Adjutants General and Assistant Adjutants General.—

This section does not apply to an officer who is the adjutant general or assistant adjutant general of a State.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(30), Feb. 10, 1996, 110 Stat. 498; Pub. L. 105–85, div. A, title V, § 521(b), Nov. 18, 1997, 111 Stat. 1734; Pub. L. 109–364, div. A, title V, § 503(e), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title V, § 513, title XVIII, § 1825(c)(1), Jan. 28, 2008, 122 Stat. 99, 502; Pub. L. 110–417, [div. A], title V, § 515, Oct. 14, 2008, 122 Stat. 4442.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-337 · 108 Stat. 2951
1996Amended · Pub. L. 104-106 · 110 Stat. 498
1997Amended · Pub. L. 105-85 · 111 Stat. 1734
2006Amended · Pub. L. 109-364 · 120 Stat. 2178
2008Amended · Pub. L. 110-181 · 122 Stat. 99, 502
2008Amended · Pub. L. 110-417 · 122 Stat. 4442

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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