10 U.S.C. § 14512: Separation at age 66…

Summary

Reserve officers in the Army and Air Force who hold certain top posts must be separated from service on the last day of the month they turn 66, unless they already retired, moved to the Retired Reserve, or were discharged earlier. This covers chiefs of the Army and Air Force Reserve, directors of the Army and Air National Guard, adjutant generals, and, for the Army, state commanding generals. The separation is done under section 14515. The Secretary of the Navy can delay retirement under sections 14510 or 14511 for Navy reserve officers above captain or Marine Corps reserve officers above colonel and keep them active until they turn 66. No more than 10 officers can be deferred at once, split between the Navy and Marine Corps as the Secretary decides. The Secretary of Defense can also defer the Chief of the Navy Reserve or the Commander of Marine Forces Reserve, but not past the first day of the month after they turn 66; that deferment does not count toward the 10-officer limit.

Title 10, §14512

Armed Forces, Source: USLM XML via OLRC

(a)Army and Air Force.—

(1)Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, a reserve officer of the Army or Air Force who is specified in paragraph (2) shall on the last day of the month in which the officer becomes 66 years of age, be separated in accordance with section 14515 of this title.

(2)Paragraph (1) applies to a reserve officer of the Army or Air Force who is any of the following:

(A)The Chief of the Army Reserve, Chief of the Air Force Reserve, Director of the Army National Guard, or Director of the Air National Guard.

(B)An adjutant general.

(C)If a reserve officer of the Army, the commanding general of the troops of a State.

(b)Navy and Marine Corps.—

(1)The Secretary of the Navy may defer the retirement under section 14510 or 14511 of a reserve officer of the Navy in a grade above captain or a reserve officer of the Marine Corps in a grade above colonel and retain the officer in an active status until the officer becomes 66 years of age. Not more than 10 officers may be so deferred at any one time, distributed between the Navy Reserve and the Marine Corps Reserve as the Secretary determines.

(2)The Secretary of Defense may defer the retirement of a reserve officer serving in the position of Chief of the Navy Reserve or Commander of the Marine Forces Reserve, but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age. A deferment under this paragraph shall not count toward the limitation on the total number of officers whose retirement may be deferred at any one time under paragraph (1).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3845, 6391(b), and 8845 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(3), (b)(3), (c)(3).

Amendments

2008—Subsec. (a)(2). Pub. L. 110–181, § 1825(b)(1), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “The Chief of the National Guard Bureau.” Subsec. (b). Pub. L. 110–181, § 1825(b)(2), designated existing provisions as par. (1) and added par. (2). 2006—Pub. L. 109–364, § 503(d)(2), substituted “66” for “64” in section catchline. Subsec. (a). Pub. L. 109–163, § 511, designated existing provisions as par. (1), substituted “who is specified in paragraph (2)” for “who is Chief of the National Guard Bureau, an adjutant general, or if a reserve officer of the Army, commanding general of the troops of a State,”, and added par. (2). Subsec. (a)(1). Pub. L. 109–364, § 503(d)(1), substituted “66” for “64”. Subsec. (b). Pub. L. 109–364, § 503(d)(1), substituted “66” for “64”. Pub. L. 109–163, § 515(b)(1)(UU), substituted “Navy Reserve” for “Naval Reserve”.

Statutory Notes and Related Subsidiaries

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.

§14512 Separation at Age 66: Officers Holding Certain Offices