PRIA Logo™
Title 10, Armed ForcesRelease 119-110

§636 Retirement for Years of Service: Regular and Space Force Officers in Grades Above Brigadier General; Regular Navy Officers in Grades Above Rear Admiral (lower Half)

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 36 — PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › SUBCHAPTER III — FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE › § 636

Last updated Sep 22, 2026|Official source

Summary

Officers who are regular major generals in the Army, Air Force, Marine Corps, or Space Force, and regular rear admirals in the Navy, must be retired if they are not retired earlier. They must leave service on the first day of the month that starts after either their fifth anniversary in that rank or after the month they finish 35 years of active commissioned service, whichever is later. For officers serving as lieutenant general or vice admiral, the service cutoff is 38 years instead of 35. For officers serving as general or admiral, the cutoff is 40 years. Other rules or exceptions in subsections (b) or (c) and in sections 637(b) or 637a may apply.

Full Legal Text

Title 10, §636

Armed Forces, Source: USLM XML via OLRC

(a)Major Generals and Rear Admirals Serving in Grade.—
(1)Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 35 years of active commissioned service, whichever is later.
(2)Except as provided in subsection (b) or (c) and under section 637(b) or 637a of this title, each officer of the Space Force who holds the grade of major general shall, if not earlier retired, be retired as specified in paragraph (1).
(b)Lieutenant Generals and Vice Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number of years of active commissioned service applicable to the officer is 38 years.
(c)Generals and Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of general or admiral, the number of years of active commissioned service applicable to the officer is 40 years.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pub. L. 118–31, § 1722(b)(6)(E)(iv), substituted “and Space Force officers in grades above brigadier general; regular Navy officers in grades above” for “officers in grades above brigadier general and” in section catchline. Subsec. (a). Pub. L. 118–31, § 1722(b)(6)(D), designated existing provisions as par. (1), substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force”, and added par. (2). 2021—Subsec. (a). Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2016—Subsec. (a). Pub. L. 114–328 inserted “or 637a” after “637(b)”. 1997—Pub. L. 105–85, § 506(b), substituted “regular officers in grades above brigadier general and rear admiral (lower half)” for “regular major generals and rear admirals” in section catchline. Pub. L. 105–85, § 506(a), designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b) or (c) and” for “Except as provided”, and added subsecs. (b) and (c). 1984—Pub. L. 98–525 substituted “35” for “thirty-five”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 636

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110