Title 10, Armed ForcesRelease 119-102

§12108 Enlisted Members: Discharge or Retirement for Years of Service or for Age

Title 10 › Subtitle E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1203 — ENLISTED MEMBERS › § 12108

Last updated Aug 21, 2026|Official source

Summary

When a reserve enlisted member of the Army, Navy, Air Force, or Marine Corps is on active status and reaches the service or age limit set by that service's Secretary, they must either be moved to the Retired Reserve or be discharged. If they meet the rules to join the Retired Reserve and do not ask, following the Secretary's procedures, to avoid the move, they will be transferred there; if they do not qualify or they do ask (under those procedures) not to be transferred, they will be discharged.

Full Legal Text

Title 10, §12108

Armed Forces, Source: USLM XML via OLRC

Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Secretary concerned shall—

(1)be transferred to the Retired Reserve if the member 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 if the member 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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2001 Amendment note under section 10154 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 12108

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102