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10 U.S.C. § 14512 — Separation at age 66: officers holding certain offices

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain senior reserve office-holders can serve until age 66 instead of the usual cutoff. This covers Reserve and Guard chiefs, adjutants general, and state troop commanders. The Navy Secretary can defer up to 10 senior Navy or Marine officers' retirement to 66. The Defense Secretary can separately defer the Chief of Navy Reserve or Marine Forces Reserve Commander to 66.

(a) Army and Air Force.
(1) Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, a reserve Army or Air Force officer described in paragraph (2) must be separated under section 14515 of this title on the last day of the month the officer turns 66.
(2) Paragraph (1) applies to a reserve officer of the Army or Air Force who is: (A) the Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air National Guard; (B) an adjutant general; or (C), for a reserve officer of the Army, the commanding general of the troops of a state.

(b) Navy and Marine Corps.
(1) The Secretary of the Navy may defer, under section 14510 or 14511, the retirement of a reserve Navy officer above the grade of captain or a reserve Marine Corps officer above the grade of colonel, keeping the officer in active status until age 66. No more than 10 officers total may be deferred this way at any one time, split between the Navy Reserve and Marine Corps Reserve as the Secretary decides.
(2) The Secretary of Defense may separately defer the retirement of whoever serves as Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but not past the first day of the month after that officer turns 66. This deferment does not count toward the 10-officer limit in paragraph (1).

the actual law source: uscode.house.gov ↗public domain
(a)Army and Air Force.—
(1)

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, a reserve officer of the Army or Air Force who is specified in paragraph (2) shall on the last day of the month in which the officer becomes 66 years of age, be separated in accordance with section 14515 of this title.

(2)

Paragraph (1) applies to a reserve officer of the Army or Air Force who is any of the following:

(A)

The Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air National Guard.

(B)

An adjutant general.

(C)

If a reserve officer of the Army, the commanding general of the troops of a State.

(b)Navy and Marine Corps.—
(1)

The Secretary of the Navy may defer the retirement under section 14510 or 14511 of a reserve officer of the Navy in a grade above captain or a reserve officer of the Marine Corps in a grade above colonel and retain the officer in an active status until the officer becomes 66 years of age. Not more than 10 officers may be so deferred at any one time, distributed between the Navy Reserve and the Marine Corps Reserve as the Secretary determines.

(2)

The Secretary of Defense may defer the retirement of a reserve officer serving in the position of Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. A deferment under this paragraph shall not count toward the limitation on the total number of officers whose retirement may be deferred at any one time under paragraph (1).

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 109–163, div. A, title V, §§ 511, 515(b)(1)(UU), Jan. 6, 2006, 119 Stat. 3231, 3234; Pub. L. 109–364, div. A, title V, § 503(d), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title XVIII, § 1825(b), Jan. 28, 2008, 122 Stat. 502.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2953
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3231, 3234
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2178
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 502

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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