Title 10 — Armed ForcesRelease 119-73not60
§12108 Enlisted Members: Discharge or Retirement for Years of Service or for Age
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1203— ENLISTED MEMBERS › § 12108
Summary
When a reserve enlisted member reaches the maximum years of service or age, the Secretary must either transfer an eligible member to the Retired Reserve unless they decline under the Secretary's rules, or discharge them.
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
Apr 3, 2026
Release point: 119-73not60