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10 U.S.C. § 636Retirement for years of service: regular and Space Force officers in grades above brigadier general; regular Navy officers in grades above rear admiral (lower half)

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 248 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets retirement dates for certain regular and Space Force general and flag officers based on time in grade and active commissioned service. It changes the applicable service total to 38 years for lieutenant generals and vice admirals and to 40 years for generals and admirals.

(a) Major generals and rear admirals serving in grade. (1) Unless subsection (b) or (c), section 637(b), or section 637a provides otherwise, each Regular Army, Regular Air Force, or Regular Marine Corps officer holding the regular grade of major general, and each Regular Navy officer holding the regular grade of rear admiral, must be retired if not retired earlier. Retirement occurs on the first day of the first month that begins after the fifth anniversary of the officer’s appointment to that grade, or on the first day of the month after the month in which the officer completes 35 years of active commissioned service, whichever date is later. (2) Unless subsection (b) or (c), section 637(b), or section 637a provides otherwise, each Space Force officer holding the grade of major general must, if not retired earlier, be retired under paragraph (1). (b) Lieutenant generals and vice admirals. When applying subsection (a) to an officer serving as a lieutenant general or vice admiral, the applicable number of years of active commissioned service is 38 years. (c) Generals and admirals. When applying subsection (a) to an officer serving as a general or admiral, the applicable number of years of active commissioned service is 40 years.
the actual law source: uscode.house.gov ↗public domain
(a)Major Generals and Rear Admirals Serving in Grade.—
(1)

Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 35 years of active commissioned service, whichever is later.

(2)

Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).

(b)Lieutenant Generals and Vice Admirals.—

In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number of years of active commissioned service applicable to the officer is 38 years.

(c)Generals and Admirals.—

In the administration of subsection (a) in the case of an officer who is serving in the grade of general or admiral, the number of years of active commissioned service applicable to the officer is 40 years.

Source credit: (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 98–525, title XIV, § 1405(14), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 105–85, div. A, title V, § 506(a), (b), Nov. 18, 1997, 111 Stat. 1726; Pub. L. 114–328, div. A, title V, § 505(b)(4), Dec. 23, 2016, 130 Stat. 2108; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(G), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1722(b)(6)(D), (E)(iv), Dec. 22, 2023, 137 Stat. 669, 670.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2863
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2622
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1726
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2108
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3822
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 669, 670

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.

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