10 U.S.C. § 1251 — Age 62: regular commissioned officers in

Page 1275 TITLE 10—ARMED FORCES § 1251 documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member’s case. The requirement under the preceding sentence applies to a case both during initial consider- ation and upon subsequent consideration due to appeal by the member or other circumstance. (b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND TRAINING.—(1) The Secretary of Defense shall prescribe regulations establishing— (A) a requirement for the Secretary of each military department to make available to members of the armed forces appearing before physical evaluation boards operated by that Secretary employees, designated as physical evaluation board liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation boards operated by that Secretary; and (B) standards and guidelines concerning the training of such physical evaluation board li- aison officers. (2) The Secretary shall ensure compliance by the Secretary of each military department with physical evaluation board liaison officer re- quirements and training standards and guide- lines at least once every three years. (c) STANDARDIZED STAFF TRAINING AND OPER- ATIONS.—(1) The Secretary of Defense shall pre- scribe regulations on standards and guidelines concerning the physical evaluation board oper- ated by each of the Secretaries of the military departments with regard to— (A) assignment and training of staff; (B) operating procedures; and (C) timeliness of board decisions. (2) The Secretary shall ensure compliance with standards and guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years. (Added Pub. L. 109–364, div. A, title V, § 597(a)(1), Oct. 17, 2006, 120 Stat. 2236.) Editorial Notes EFFECTIVE DATE Pub. L. 109–364, div. A, title V, § 597(b), Oct. 17, 2006, 120 Stat. 2237, provided that: ‘‘Section 1222 of title 10, United States Code, as added by subsection (a), shall apply with respect to decisions rendered on cases com- menced more than 120 days after the date of the enact- ment of this Act [Oct. 17, 2006].’’ Statutory Notes and Related Subsidiaries QUALITY REVIEW OF MEDICAL EVALUATION BOARDS, PHYSICAL EVALUATION BOARDS, AND PHYSICAL EVAL- UATION BOARD LIAISON OFFICERS Pub. L. 112–239, div. A, title V, § 524, Jan. 2, 2013, 126 Stat. 1723, as amended by Pub. L. 115–232, div. A, title VIII, § 813(f), Aug. 13, 2018, 132 Stat. 1851, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall standardize, assess, and monitor the quality assurance programs of the military departments to evaluate the following in the performance of their duties (including duties under chapter 61 of title 10, United States Code): ‘‘(1) Medical Evaluation Boards. ‘‘(2) Physical Evaluation Boards. ‘‘(3) Physical Evaluation Board Liaison Officers. ‘‘(b) OBJECTIVES.—The objectives of the quality assur- ance program shall be as follows: ‘‘(1) To ensure accuracy and consistency in the de- terminations and decisions of Medical Evaluation Boards and Physical Evaluation Boards. ‘‘(2) To otherwise monitor and sustain proper per- formance of the duties of Medical Evaluation Boards and Physical Evaluation Boards, and of Physical Evaluation Board Liaison Officers. ‘‘(3) Such other objectives as the Secretary shall specify for purposes of the quality assurance pro- gram.’’ [(c) Repealed. Pub. L. 115–232, div. A, title VIII, § 813(f), Aug. 13, 2018, 132 Stat. 1851.] CHAPTER 63—RETIREMENT FOR AGE Sec. 1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions. 1252. Age 64: permanent professors at academies. 1253. Age 64: regular commissioned officers in gen- eral and flag officer grades; exceptions. [1255. Repealed.] 1263. Age 62: warrant officers. 1275. Computation of retired pay: law applicable. Editorial Notes AMENDMENTS 2015—Pub. L. 114–92, div. A, title V, § 504(b)(2), Nov. 25, 2015, 129 Stat. 807, substituted ‘‘Age 64: regular commis- sioned officers in general and flag officer grades; excep- tions’’ for ‘‘Age 64: regular commissioned officers in general and flag officer grades; exception’’ in item 1253. 2006—Pub. L. 109–364, div. A, title V, § 502(c), Oct. 17, 2006, 120 Stat. 2177, inserted ‘‘in grades below general and flag officer grades’’ after ‘‘officers’’ in item 1251 and added item 1253. Pub. L. 109–163, div. A, title V, § 509(c)(2), Jan. 6, 2006, 119 Stat. 3231, added item 1252. 1980—Pub. L. 96–513, title V, § 501(18), Dec. 12, 1980, 94 Stat. 2908, added item 1251. 1967—Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374, struck out item 1255 ‘‘Age 55: female regular warrant officers’’. § 1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions (a) GENERAL RULE.—Unless retired or sepa- rated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force (other than an officer covered by section 1252 of this title or a commissioned war- rant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired or sep- arated, as specified in subsection (e), on the first day of the month following the month in which the officer becomes 62 years of age. (b) DEFERRED RETIREMENT OR SEPARATION OF HEALTH PROFESSIONS OFFICERS.—(1) The Sec- retary of the military department concerned may, subject to subsection (d), defer the retire- ment or separation under subsection (a) of a health professions officer if during the period of the deferment the officer— (A) will be performing duties consisting pri- marily of providing patient care or performing other clinical duties; or (B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties de- scribed in clause (i), (ii), or (iii) of such sub- paragraph. Page 1276 TITLE 10—ARMED FORCES § 1251 (2) For purposes of this subsection, a health professions officer is— (A) a medical officer; (B) a dental officer; (C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse; or (D) an officer in a category of officers des- ignated by the Secretary of the military de- partment concerned for the purposes of this paragraph as consisting of officers whose du- ties consist primarily of— (i) providing health care; (ii) performing other clinical care; or (iii) performing health care-related admin- istrative duties. (c) DEFERRED RETIREMENT OR SEPARATION OF OTHER OFFICERS.—The Secretary of the military department concerned may, subject to sub- section (d), defer the retirement or separation under subsection (a) of any officer other than a health professions officer described in sub- section (b)(2) if the Secretary determines that such deferral is in the best interest of the mili- tary department concerned. (d) LIMITATION ON DEFERMENT OF RETIRE- MENTS.—(1) Except as provided in paragraph (2), a deferment under subsection (b) or (c) may not extend beyond the first day of the month fol- lowing the month in which the officer becomes 68 years of age. (2) The Secretary of the military department concerned may extend a deferment under sub- section (b) or (c) beyond the day referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military department concerned. Such an extension shall be made on a case-by- case basis and shall be for such period as the Secretary considers appropriate. (e) RETIREMENT OR SEPARATION BASED ON YEARS OF CREDITABLE SERVICE.—(1) The fol- lowing rules shall apply to a regular commis- sioned officer who is to be retired or separated under subsection (a): (A) If the officer has at least 6 but fewer than 20 years of creditable service, the officer shall be separated, with separation pay com- puted under section 1174(d)(1) of this title. (B) If the officer has fewer than 6 years of creditable service, the officer shall be sepa- rated under subsection (a). (2) Notwithstanding paragraph (1), in the case of a regular commissioned officer who was added to the retired list before the date of the enact- ment of the William M. (Mac) Thornberry Na- tional Defense Authorization Act for Fiscal Year 2021, the officer shall be retired, with re- tired pay computed under section 1401 of this title. (Added Pub. L. 96–513, title I, § 111, Dec. 12, 1980, 94 Stat. 2875; amended Pub. L. 100–180, div. A, title VII, § 719, Dec. 4, 1987, 101 Stat. 1115; Pub. L. 101–189, div. A, title VII, § 709, Nov. 29, 1989, 103 Stat. 1476; Pub. L. 105–85, div. A, title V, § 504(a), (b), Nov. 18, 1997, 111 Stat. 1725; Pub. L. 109–163, div. A, title V, § 509(c)(3), Jan. 6, 2006, 119 Stat. 3231; Pub. L. 109–364, div. A, title V, § 502(b), Oct. 17, 2006, 120 Stat. 2176; Pub. L. 111–383, div. A, title V, § 501(b), Jan. 7, 2011, 124 Stat. 4206; Pub. L. 116–283, div. A, title V, § 507, title IX, § 924(b)(3)(T), Jan. 1, 2021, 134 Stat. 3573, 3821.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 924(b)(3)(T), sub- stituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. Pub. L. 116–283, § 507(a)(2), inserted ‘‘or separated, as specified in subsection (e),’’ after ‘‘shall be retired’’. Pub. L. 116–283, § 507(a)(1), which directed substitution of ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps,’’, could not be executed because ‘‘or Marine Corps,’’ did not appear in text. Similar amendment was made by Pub. L. 116–283, § 924(b)(3)(T), see above. Subsec. (b). Pub. L. 116–283, § 507(b)(1), inserted ‘‘or Separation’’ after ‘‘Retirement’’ in heading. Subsec. (b)(1). Pub. L. 116–283, § 507(b)(2), inserted ‘‘or separation’’ after ‘‘retirement’’ in introductory provi- sions. Subsec. (c). Pub. L. 116–283, § 507(c), in heading, sub- stituted ‘‘or Separation of Other Officers’’ for ‘‘of Chap- lains’’ and, in text, inserted ‘‘or separation’’ after ‘‘re- tirement’’ and substituted ‘‘any officer other than a health professions officer described in subsection (b)(2)’’ for ‘‘an officer who is appointed or designated as a chaplain’’. Subsec. (e). Pub. L. 116–283, § 507(d), added subsec. (e). 2011—Subsec. (b)(1). Pub. L. 111–383, § 501(b)(2), sub- stituted ‘‘the officer—’’ for ‘‘the officer will be per- forming duties consisting primarily of providing pa- tient care or performing other clinical duties.’’ and added subpars. (A) and (B). Subsec. (b)(2)(D). Pub. L. 111–383, § 501(b)(1), added subpar. (D). 2006—Pub. L. 109–364 amended section catchline and text generally, substituting provisions relating to re- tirement at age 62 of regular commissioned officers in grades below general and flag officer grades for provi- sions relating to retirement at age 62 of all regular commissioned officers. Subsec. (a). Pub. L. 109–163 inserted ‘‘, a permanent professor at the United States Naval Academy,’’ after ‘‘Air Force Academy’’ in first sentence and struck out last sentence which read as follows: ‘‘An officer who is a permanent professor at the United States Military Academy or United States Air Force Academy, the di- rector of admissions at the United States Military Academy, or the registrar of the United States Air Force Academy shall be retired on the first day of the month following the month in which he becomes 64 years of age.’’ 1997—Subsec. (c)(2) to (4). Pub. L. 105–85, § 504(a), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (d). Pub. L. 105–85, § 504(b), added subsec. (d). 1989—Subsec. (c)(2). Pub. L. 101–189 designated exist- ing provisions as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), a deferment’’ for ‘‘A deferment’’ and ‘‘68 years of age’’ for ‘‘67 years of age’’, and added subpar. (B). 1987—Subsec. (c). Pub. L. 100–180 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. Page 1277 TITLE 10—ARMED FORCES § 1263 DEFERRAL OF RETIREMENT DATE FOR CHAIRMAN OF THE JOINT CHIEFS OF STAFF Pub. L. 100–456, div. A, title VII, § 704, Sept. 29, 1988, 102 Stat. 1996, provided that the President could defer until Oct. 1, 1989, the retirement of the officer serving as Chairman of the Joint Chiefs of Staff for the term which began on October 1, 1987, notwithstanding the limitation contained in former section 1251(b) of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provision that this section not apply to any offi- cer who on the effective date of this Act [Sept. 15, 1981] was on active duty in a grade above general, see section 632 of Pub. L. 96–513, set out as a note under section 611 of this title. § 1252. Age 64: permanent professors at acad- emies (a) MANDATORY RETIREMENT FOR AGE.—Unless retired or separated earlier, each regular com- missioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force covered by sub- section (b) shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (b) COVERED OFFICERS.—This section applies to the following officers: (1) An officer who is a permanent professor or the director of admissions of the United States Military Academy. (2) An officer who is a permanent professor at the United States Naval Academy. (3) An officer who is a permanent professor or the registrar of the United States Air Force Academy. (Added Pub. L. 109–163, div. A, title V, § 509(c)(1), Jan. 6, 2006, 119 Stat. 3230; amended Pub. L. 116–283, div. A, title IX, § 924(b)(3)(U), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. § 1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions (a) GENERAL RULE.—Unless retired or sepa- rated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force serving in a general or flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. (b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSITIONS.—In the case of an officer serving in a position that carries a grade above major general or rear admiral, the retirement under subsection (a) of that officer may be de- ferred— (1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the offi- cer becomes 68 years of age; or (2) by the Secretary of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. (c) DEFERRED RETIREMENT OF CHAPLAINS.—(1) The Secretary of the military department con- cerned may defer the retirement under sub- section (a) of an officer serving in a general or flag officer grade who is the Chief of Chaplains or Deputy Chief of Chaplains of that officer’s armed force. (2) A deferment of the retirement of an officer referred to in paragraph (1) may not extend be- yond the first day of the month following the month in which the officer becomes 68 years of age. (Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, § 504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807; Pub. L. 116–92, div. A, title V, § 508, Dec. 20, 2019, 133 Stat. 1346; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(V), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2019—Subsec. (c)(3). Pub. L. 116–92 struck out par. (3) which read as follows: ‘‘The authority to defer the re- tirement of an officer referred to in paragraph (1) ex- pires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.’’ 2015—Pub. L. 114–92, § 504(b)(1), substituted ‘‘Age 64: regular commissioned officers in general and flag offi- cer grades; exceptions’’ for ‘‘Age 64: regular commis- sioned officers in general and flag officer grades; excep- tion’’ in section catchline. Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c). [§ 1255. Repealed. Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374] Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 100; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115, covered the re- tirement of female permanent regular warrant officers with 20 years of active service upon attaining age 55. § 1263. Age 62: warrant officers (a) Unless retired under section 1305 of this title, a permanent regular warrant officer who has at least 20 years of active service that could be credited to him under section 511 of the Ca- reer Compensation Act of 1949, as amended (70 Stat. 114; 10 U.S.C. 580 note), and who is at least 62 years of age, shall be retired 60 days after he becomes that age, except as provided by section 8301 of title 5. (b) The Secretary concerned may defer, for not more than four months, the retirement under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his en- titlement to retirement or separation for phys- ical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to re- tire under this section. (Aug. 10, 1956 ch. 1041, 70A Stat. 101; Pub. L. 89–718, § 3, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(6), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V, § 511(46), Dec. 12, 1980, 94 Stat. 2924; Pub. L. 102–484, div. A, title X, § 1052(17), Oct. 23, 1992, 106 Stat. 2500.)