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10 U.S.C. § 14508 — Removal from the reserve active-status list for years of service: reserve general and flag officers
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).
**(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 A
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Stable record: federal_law:legal_authorities:record_usc_491bd384e0ead8fdec87a150
Source file: Laws/federal/codes/united-states-code/title-10/section-14508-removal-from-the-reserve-active-status-list-for-years-of-service-reserve--4e29dd08dc.md
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Passage SHA-256: 13ef5906b4d041d15432690913206b65a5d751eea42dae44f27a411d8545b8fa
Source location: Title 10, Chapter 1407, § 14508; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14514&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and who is required to be removed from an active status or from a reserve active-status list, as the case may be, under section 14507, 14508, 14704, or 14705 of this title (unless the officer is sooner separated or the officer’s separation is deferred or the officer is continued in an active status under another provision of law), in accordance with those sections, shall—
(1) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or
(2) be discharged from the officer’s reserve appointment if the officer is not qualified for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) not to be so transferred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14514
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
Page 3749
TITLE 10—ARMED FORCES
§ 14508
§ 14508. Removal from the reserve active-status
list for years of service: reserve general and
flag officers
(a) THIRTY YEARS SERVICE OR FIVE YEARS IN
GRADE FOR BRIGADIER GENERALS AND REAR AD-
MIRALS (LOWER HALF).—Unless retired, trans-
ferred 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 briga-
dier 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 rec-
ommended for promotion to rear admiral shall,
30 days after completion of 30 years of commis-
sioned 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 ADMI-
RALS.—Unless retired, transferred to the Retired
Reserve, or discharged at an earlier date, each
reserve officer of the Army, Air Force, or Ma-
rine 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 appoint-
ment in the grade of major general or rear admi-
ral, whichever is later, be separated in accord-
ance with section 14514 of this title.
(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU-
TENANT GENERALS AND VICE ADMIRALS.—Unless
retired, transferred to the Retired Reserve, or
discharged at an earlier date, each reserve offi-
cer of the Army, Air Force, or Marine Corps
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14508
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