PRIA, Government Policy, Made Personal

Summary

Reserve generals and admirals in the reserves must be taken off the active list when they hit set service or time-in-grade limits. Brigadier generals and Navy rear admirals (lower half) must be separated either 30 days after they complete 30 years of commissioned service or on the fifth anniversary of their promotion to that rank, whichever comes later. Major generals and Navy rear admirals must be separated either 30 days after 35 years of service or on the fifth anniversary of that rank, whichever is later. Lieutenant generals and vice admirals must be separated on the later of 30 days after 38 years of service or the fifth anniversary of their appointment. Generals and full admirals must be separated on the later of 30 days after 40 years of service or the first day of the month after the fifth anniversary of their appointment. The Army and Air Force Secretaries may keep some brigadier generals on active status until the month they turn 62, and some major generals until they turn 64. No more than 10 Army and 10 Air Force officers may be kept at each of those grades at one time. Army and Air Force lieutenant generals may be kept until age 66. State adjutants general and assistant adjutants general are not covered by these rules.

Title 10, §14508

Armed Forces, Source: USLM XML via OLRC

(a)Thirty Years Service or Five Years in Grade for Brigadier Generals and Rear Admirals (Lower Half).—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of brigadier general who has not been recommended for promotion to the grade of major general, and each reserve officer of the Navy in the grade of rear admiral (lower half) who has not been recommended for promotion to rear admiral shall, 30 days after completion of 30 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of brigadier general or rear admiral (lower half), whichever is later, be separated in accordance with section 14514 of this title.

(b)Thirty-Five Years Service or Five Years in Grade for Major Generals and Rear Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of major general, and each reserve officer of the Navy in the grade of rear admiral, shall, 30 days after completion of 35 years of commissioned service or on the fifth anniversary of the date of the officer’s appointment in the grade of major general or rear admiral, whichever is later, be separated in accordance with section 14514 of this title.

(c)Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following:

(1)30 days after completion of 38 years of commissioned service.

(2)The fifth anniversary of the date of the officer’s appointment in the grade of lieutenant general or vice admiral.

(d)Forty Years of Service for Generals and Admirals.—

Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of general and each reserve officer of the Navy in the grade of admiral shall be separated in accordance with section 14514 of this title on the first day of the first month beginning after the date of the fifth anniversary of the officer’s appointment to that grade or 30 days after the date on which the officer completes 40 years of commissioned service, whichever is later.

(e)Retention of Brigadier Generals.—

A reserve officer of the Army or Air Force in the grade of brigadier general who would otherwise be removed from an active status under subsection (a) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the last day of the month in which the officer becomes 62 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time.

(f)Retention of Major Generals.—

A reserve officer of the Army or Air Force in the grade of major general who would otherwise be removed from an active status under subsection (b) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 64 years of age. Not more than 10 officers of the Army and not more than 10 officers of the Air Force may be retained under this subsection at any one time.

(g)Retention of Lieutenant Generals.—

A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.

(h)Exception for State Adjutants General and Assistant Adjutants General.—

This section does not apply to an officer who is the adjutant general or assistant adjutant general of a State.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3851, 3852, 6389(f)(1), (2), 8851, and 8852 of this title, prior to repeal by Pub. L. 103–337, §§ 1628(4), 1629(a)(3), (c)(3).

Amendments

2008—Subsec. (a). Pub. L. 110–181, § 513(b)(1), inserted “for Brigadier Generals and Rear Admirals (Lower Half)” after “Grade” in heading. Subsec. (b). Pub. L. 110–181, § 513(b)(2), inserted “for Major Generals and Rear Admirals” after “Grade” in heading. Subsec. (c). Pub. L. 110–181, § 513(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 110–181, § 1825(c)(1), added subsec. (d). Former subsec. (d) redesignated (f). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (d) as (f). Subsecs. (e) and (f). Pub. L. 110–181, § 513(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Subsec. (g). Pub. L. 110–417, § 515(2), added subsec. (g). Former subsec. (g) redesignated (h). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (e) as (g). Subsec. (h). Pub. L. 110–417, § 515(1), redesignated subsec. (g) as (h). 2006—Subsec. (c). Pub. L. 109–364, § 503(e)(1), substituted “62” for “60”. Subsec. (d). Pub. L. 109–364, § 503(e)(2), substituted “64” for “62”. 1997—Subsec. (c). Pub. L. 105–85 substituted “not later than the last day of the month in which the officer becomes 60 years of age” for “not later than the date on which the officer becomes 60 years of age”. 1996—Subsecs. (c), (d). Pub. L. 104–106 struck out “this” after “from an active status under”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.

§14508 Removal From the Reserve Active-status List for Years of Service: Reserve General and Flag Officers

Summary

Title 10, §14508

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata