10 U.S.C. § 14511 — Separation at age 64: officers in grade of

Page 3750 TITLE 10—ARMED FORCES § 14509 comes 60 years of age’’ for ‘‘not later than the date on which the officer becomes 60 years of age’’. 1996—Subsecs. (c), (d). Pub. L. 104–106 struck out ‘‘this’’ after ‘‘from an active status under’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14509. Separation at age 62: reserve officers in grades below brigadier general or rear admi- ral (lower half) Each reserve officer of the Army, Navy, Air Force, or Marine Corps in a grade below briga- dier general or rear admiral (lower half) who has not been recommended for promotion to the grade of brigadier general or rear admiral (lower half) and is not a member of the Retired Reserve shall, on the last day of the month in which that officer becomes 62 years of age, be separated in accordance with section 14515 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2952; amended Pub. L. 109–364, div. A, title V, § 503(c), Oct. 17, 2006, 120 Stat. 2178.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 substituted ‘‘62’’ for ‘‘60’’ in sec- tion catchline and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14510. Separation at age 62: brigadier generals and rear admirals (lower half) Unless retired, transferred to the Retired Re- serve, or discharged at an earlier date, each re- serve 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 rear ad- miral (lower half) of the Navy who has not been recommended for promotion to the grade of rear admiral, except an officer covered by section 14512 of this title, shall be separated in accord- ance with section 14515 of this title on the last day of the month in which the officer becomes 62 years of age. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2952; amended Pub. L. 109–364, div. A, title V, § 503(b), Oct. 17, 2006, 120 Stat. 2178.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3843(a) and 8843 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (c)(3). AMENDMENTS 2006—Pub. L. 109–364 substituted ‘‘age 62: brigadier generals’’ for ‘‘age 60: reserve brigadier generals’’ in section catchline and ‘‘62’’ for ‘‘60’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14511. Separation at age 64: officers in grade of major general or rear admiral and above (a) SEPARATION REQUIRED.—Unless retired, transferred to the Retired Reserve, or dis- charged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general or above and each reserve officer of the Navy in the grade of rear admiral or above shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age. (b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSITIONS.—The retirement of a re- serve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general or gen- eral, or a reserve officer of the Navy in the grade of vice admiral or admiral, under subsection (a) may be deferred— (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) EXCEPTION FOR OFFICERS HOLDING CERTAIN OFFICES.—This section does not apply to an offi- cer covered by section 14512 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 109–364, div. A, title V, § 503(a), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title XVIII, § 1825(a)(1), Jan. 28, 2008, 122 Stat. 501.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3844 and 8844 of this title, prior to re- peal by Pub. L. 103–337, § 1629(a)(3), (c)(3). AMENDMENTS 2008—Pub. L. 110–181 amended section generally. Prior to amendment, text read as follows: ‘‘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, except an officer covered by section 14512 of this title, shall be separated in accordance with section 14515 of this title on the last day of the month in which the officer becomes 64 years of age.’’ 2006—Pub. L. 109–364 substituted ‘‘64’’ for ‘‘62’’ in sec- tion catchline and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. Page 3751 TITLE 10—ARMED FORCES § 14513 § 14512. Separation at age 66: officers holding certain offices (a) ARMY AND AIR FORCE.—(1) Unless retired, transferred to the Retired Reserve, or dis- charged at an earlier date, a reserve officer of the Army or Air Force who is specified in para- graph (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 fol- lowing: (A) The Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air Na- tional Guard. (B) An adjutant general. (C) If a reserve officer of the Army, the com- manding general of the troops of a State. (b) NAVY AND MARINE CORPS.—(1) The Sec- retary 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 re- tirement of a reserve officer serving in the posi- tion 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). (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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3845, 6391(b), and 8845 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (b)(3), (c)(3). AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–181, § 1825(b)(1), redes- ignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as fol- lows: ‘‘The Chief of the National Guard Bureau.’’ Subsec. (b). Pub. L. 110–181, § 1825(b)(2), designated ex- isting provisions as par. (1) and added par. (2). 2006—Pub. L. 109–364, § 503(d)(2), substituted ‘‘66’’ for ‘‘64’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 511, designated existing provisions as par. (1), substituted ‘‘who is specified in paragraph (2)’’ for ‘‘who is Chief of the National Guard Bureau, an adjutant general, or if a reserve officer of the Army, commanding general of the troops of a State,’’, and added par. (2). Subsec. (a)(1). Pub. L. 109–364, § 503(d)(1), substituted ‘‘66’’ for ‘‘64’’. Subsec. (b). Pub. L. 109–364, § 503(d)(1), substituted ‘‘66’’ for ‘‘64’’. Pub. L. 109–163, § 515(b)(1)(UU), substituted ‘‘Navy Re- serve’’ for ‘‘Naval Reserve’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. § 14513. Failure of selection for promotion: trans- fer, retirement, or discharge Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active sta- tus and whose removal from an active status or from a reserve active-status list is required by section 14504, 14505, or 14506 of this title shall (unless the officer’s separation is deferred or the officer is continued in an active status under an- other provision of law) not later than the date specified in those sections— (1) be transferred to an inactive status if the Secretary concerned determines that the offi- cer has skills which may be required to meet the mobilization needs of the officer’s armed force; (2) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regula- tions prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or (3) if the officer is not transferred to an inac- tive status or to the Retired Reserve, be dis- charged from the officer’s reserve appoint- ment. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2953; amended Pub. L. 107–107, div. A, title V, § 517(b)(1), (2)(A), Dec. 28, 2001, 115 Stat. 1094.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–107, § 517(b)(2)(A), substituted ‘‘Fail- ure of selection for promotion: transfer, retirement, or discharge’’ for ‘‘Separation for failure of selection of promotion’’ in section catchline. Par. (2). Pub. L. 107–107, § 517(b)(1), substituted ‘‘if the officer is qualified for such transfer and does not re- quest (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Re- tired Reserve’’ for ‘‘, if the officer is qualified and ap- plies for such transfer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as a note under section 10154 of this title. EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.