10 U.S.C. § 635 — Retirement for years of service: regular

Page 621 TITLE 10—ARMED FORCES § 635 (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title XIV, § 1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102–484, div. A, title V, § 504(b), Oct. 23, 1992, 106 Stat. 2403; Pub. L. 103–160, div. A, title V, § 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, § 504(b), Oct. 17, 1998, 112 Stat. 2004; Pub. L. 109–163, div. A, title V, § 509(a)(2), Jan. 6, 2006, 119 Stat. 3229; Pub. L. 114–328, div. A, title V, § 505(b)(2), Dec. 23, 2016, 130 Stat. 2108; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(E), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1722(b)(6)(B), (E)(ii), Dec. 22, 2023, 137 Stat. 669, 670.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 1722(b)(6)(E)(ii), substituted ‘‘and Space Force colonels; regular’’ for ‘‘colonels and’’ in section catchline. Subsec. (a). Pub. L. 118–31, § 1722(b)(6)(B), designated existing provisions as par. (1), substituted ‘‘or Regular Marine Corps’’ for ‘‘Regular Marine Corps, or Regular Space Force’’, and added par. (2). 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. 2018—Subsec. (b)(1). Pub. L. 115–232 substituted ‘‘sec- tion 8372(a)(4)’’ for ‘‘section 6383(a)(4)’’. 2016—Subsec. (a). Pub. L. 114–328 inserted ‘‘or 637a’’ after ‘‘637(b)’’. 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Except as provided in subsection (b) and as provided’’ for ‘‘Except an officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies and except as provided’’, and added subsec. (b). 1998—Pub. L. 105–261 inserted ‘‘an officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies and except’’ after ‘‘Ex- cept’’ and struck out at end ‘‘During the period begin- ning on July 1, 1993, and ending on October 1, 1999, the preceding sentence shall not apply to an officer of the Regular Navy designated for limited duty to whom sec- tion 6383(a)(4) of this title applies.’’ 1993—Pub. L. 103–160 substituted ‘‘October 1, 1999’’ for ‘‘October 1, 1995’’. 1992—Pub. L. 102–484 inserted at end ‘‘During the pe- riod beginning on July 1, 1993, and ending on October 1, 1995, the preceding sentence shall not apply to an offi- cer of the Regular Navy designated for limited duty to whom section 6383(a)(4) of this title applies.’’ 1985—Pub. L. 99–145 substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’. 1984—Pub. L. 98–525 substituted ‘‘30’’ for ‘‘thirty’’. 1981—Pub. L. 97–86 substituted ‘‘commodore’’ for ‘‘commodore admiral’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title. 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. § 635. Retirement for years of service: regular and Space Force brigadier generals; regular Navy rear admirals (lower half) (a) ARMY, NAVY, AIR FORCE, AND MARINE CORPS.—Except as provided 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 brigadier general, and each officer of the Regular Navy who holds the regular grade of rear admiral (lower half), who is not on a list of officers rec- ommended for promotion to the regular grade of major general or rear admiral, respectively, 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 30 years of active commissioned service, whichever is later. (b) SPACE FORCE.—Except as provided under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of brigadier general who is not on a list of officers rec- ommended for promotion to the grade of major general shall, if not earlier retired, be retired as specified in subsection (a). (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–86, title IV, § 405(b)(1), (5)(A), Dec. 1, 1981, 95 Stat. 1105, 1106; Pub. L. 98–525, title XIV, § 1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), (5)(A), Nov. 8, 1985, 99 Stat. 628; Pub. L. 114–328, div. A, title V, § 505(b)(3), Dec. 23, 2016, 130 Stat. 2108; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(F), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1722(b)(6)(C), (E)(iii), Dec. 22, 2023, 137 Stat. 669, 670.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31 substituted ‘‘and Space Force brigadier generals; regular Navy’’ for ‘‘brigadier gen- erals and’’ in section catchline; designated existing provisions as subsec. (a), inserted heading, and sub- stituted ‘‘or Regular Marine Corps’’ for ‘‘Regular Ma- rine Corps, or Regular Space Force’’; and added subsec. (b). 2021—Pub. L. 116–283 substituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. 2016—Pub. L. 114–328 inserted ‘‘or 637a’’ after ‘‘637(b)’’. 1985—Pub. L. 99–145 substituted ‘‘rear admirals (lower half)’’ for ‘‘commodores’’ in section catchline and ‘‘rear admiral (lower half)’’ for ‘‘commodore’’ in text. 1984—Pub. L. 98–525 substituted ‘‘30’’ for ‘‘thirty’’. 1981—Pub. L. 97–86 substituted ‘‘commodores’’ for ‘‘commodore admirals’’ in section catchline and ‘‘com- modore’’ for ‘‘commodore admiral’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title. Page 622 TITLE 10—ARMED FORCES § 636 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. § 636. Retirement for years of service: regular and Space Force officers in grades above brigadier general; regular Navy officers in grades above rear admiral (lower half) (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 gen- eral, 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 re- tired, be retired as specified in paragraph (1). (b) LIEUTENANT GENERALS AND VICE ADMI- RALS.—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 num- ber of years of active commissioned service ap- plicable to the officer is 38 years. (c) GENERALS AND ADMIRALS.—In the adminis- tration of subsection (a) in the case of an officer who is serving in the grade of general or admi- ral, the number of years of active commissioned service applicable to the officer is 40 years. (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.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, § 1722(b)(6)(E)(iv), substituted ‘‘and Space Force officers in grades above brigadier general; regular Navy officers in grades above’’ for ‘‘of- ficers in grades above brigadier general and’’ in section catchline. Subsec. (a). Pub. L. 118–31, § 1722(b)(6)(D), designated existing provisions as par. (1), substituted ‘‘or Regular Marine Corps’’ for ‘‘Regular Marine Corps, or Regular Space Force’’, and added par. (2). 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Regular Marine Corps, or Regular Space Force’’ for ‘‘or Regular Marine Corps’’. 2016—Subsec. (a). Pub. L. 114–328 inserted ‘‘or 637a’’ after ‘‘637(b)’’. 1997—Pub. L. 105–85, § 506(b), substituted ‘‘regular offi- cers in grades above brigadier general and rear admiral (lower half)’’ for ‘‘regular major generals and rear ad- mirals’’ in section catchline. Pub. L. 105–85, § 506(a), designated existing provisions as subsec. (a), inserted heading, substituted ‘‘Except as provided in subsection (b) or (c) and’’ for ‘‘Except as provided’’, and added subsecs. (b) and (c). 1984—Pub. L. 98–525 substituted ‘‘35’’ for ‘‘thirty- five’’. 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. SUBCHAPTER IV—CONTINUATION ON AC- TIVE DUTY AND SELECTIVE EARLY RE- TIREMENT Sec. 637. Selection of regular officers for continuation on active duty. 637a. Continuation on active duty: officers in cer- tain military specialties and career tracks. 638. Selective early retirement. 638a. Modification to rules for continuation on ac- tive duty; enhanced authority for selective early retirement and early discharges. 638b. Voluntary retirement incentive. 639. Continuation on active duty to complete dis- ciplinary action. 640. Deferment of retirement or separation for medical reasons. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, div. A, title V, § 505(a)(2), Dec. 23, 2016, 130 Stat. 2108, added item 637a. 2011—Pub. L. 112–81, div. A, title V, § 504(a)(2), 125 Stat. 1390, added item 638b. 1990—Pub. L. 101–510, div. A, title V, § 521(a)(2), Nov. 5, 1990, 104 Stat. 1561, added item 638a. § 637. Selection of regular officers for continu- ation on active duty (a)(1) An officer subject to discharge or retire- ment in accordance with section 632 of this title may, subject to the needs of the service, be con- tinued on active duty if he is selected for con- tinuation on active duty by a selection board convened under section 611(b) of this title. (2) An officer who holds the regular grade of captain in the Army, Air Force, Marine Corps, or Space Force, or the regular grade of lieuten- ant in the Navy, and who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of active commissioned serv- ice unless he is promoted to the regular grade of major or lieutenant commander, respectively. (3) An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 24 years of active com- missioned service unless he is promoted to the regular grade of lieutenant colonel or com- mander, respectively. (4) An officer who is selected for continuation on active duty under this subsection but de-