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Title 10, Armed ForcesRelease 119-110

§1253 Age 64: Regular Commissioned Officers in General and Flag Officer Grades; Exceptions

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 63 — RETIREMENT FOR AGE › § 1253

Last updated Sep 22, 2026|Official source

Summary

Regular commissioned officers who are serving as generals or admirals must retire on the first day of the month after they turn 64, unless they are already retired or separated sooner. If an officer holds a job above major general or rear admiral, the President can delay that retirement until the first day of the month after the officer turns 68, or the Secretary of Defense can delay it until the first day of the month after the officer turns 66. The secretary of the officer’s military department can also delay retirement for the service’s Chief or Deputy Chief of Chaplains until the first day of the month after that chaplain turns 68.

Full Legal Text

Title 10, §1253

Armed Forces, Source: USLM XML via OLRC

(a)General Rule.—
Unless retired or separated 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 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 officer 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 concerned may defer the retirement under subsection (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 beyond the first day of the month following the month in which the officer becomes 68 years of age.

Legislative History

Notes & Related Subsidiaries

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 retirement of an officer referred to in paragraph (1) expires 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 officer grades; exceptions” for “Age 64: regular commissioned officers in general and flag officer grades; exception” in section catchline. Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c).

Reference

Citations & Metadata

Citation

10 U.S.C. § 1253

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110