§1253 — Title 10 Armed Forces | U.S. Code

Summary

Regular commissioned officers who are in general or flag officer ranks in the Army, Navy, Air Force, Marine Corps, or Space Force must retire on the first day of the month after the month they turn 64, unless they leave earlier. If an officer holds a job above major general or rear admiral, the President can delay that retirement only until the first day of the month after they turn 68, or the Secretary of Defense only until the first day of the month after they turn 66. The military department Secretary can delay retirement for a Chief of Chaplains or Deputy Chief of Chaplains only until the first day of the month after they turn 68.

Title 10, §1253

Armed Forces — Source: USLM XML via OLRC

(a)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)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)(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.

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).

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

Summary

Title 10, §1253

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata