
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1251]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 63--RETIREMENT FOR AGE
 
Sec. 1251. Age 62: regular commissioned officers; exceptions

    (a) Unless retired or separated earlier, each regular commissioned 
officer of the Army, Navy, Air Force, or Marine Corps (other than an 
officer who is a permanent professor, director of admissions, or 
registrar of the United States Military Academy or United States Air 
Force Academy or a commissioned warrant officer) shall be retired on the 
first day of the month following the month in which he becomes 62 years 
of age. An officer who is a permanent professor at the United States 
Military Academy or United States Air Force Academy, the director of 
admissions at the United States Military Academy, or the registrar of 
the United States Air Force Academy shall be retired on the first day of 
the month following the month in which he becomes 64 years of age.
    (b) Notwithstanding subsection (a), the President may defer the 
retirement of an officer serving in a position that carries a grade 
above major general or rear admiral, but such a deferment may not extend 
beyond the first day of the month following the month in which the 
officer becomes 64 years of age. Not more than ten deferments of 
retirement under this subsection may be in effect at any one time.
    (c)(1) The Secretary concerned may defer the retirement under 
subsection (a) of a health professions officer if during the period of 
the deferment the officer will be performing duties consisting primarily 
of providing patient care or performing other clinical duties.
    (2) The Secretary concerned may defer the retirement under 
subsection (a) of an officer who is appointed or designated as a 
chaplain if the Secretary determines that such deferral is in the best 
interest of the military department concerned.
    (3)(A) Except as provided in subparagraph (B), a deferment under 
this subsection may not extend beyond the first day of the month 
following the month in which the officer becomes 68 years of age.
    (B) The Secretary concerned may extend a deferment under this 
subsection beyond the day referred to in subparagraph (A) if the 
Secretary determines that extension of the deferment is necessary for 
the needs of the military department concerned. Such an extension shall 
be made on a case-by-case basis and shall be for such period as the 
Secretary considers appropriate.
    (4) For purposes of this subsection, a health professions officer 
is--
        (A) a medical officer;
        (B) a dental officer; or
        (C) an officer in the Army Nurse Corps, an officer in the Navy 
    Nurse Corps, or an officer in the Air Force designated as a nurse.

    (d) The Secretary concerned may defer the retirement under 
subsection (a) of an officer who is the Chief of Chaplains or Deputy 
Chief of Chaplains of that officer's armed force. 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.

(Added Pub. L. 96-513, title I, Sec. 111, Dec. 12, 1980, 94 Stat. 2875; 
amended Pub. L. 100-180, div. A, title VII, Sec. 719, Dec. 4, 1987, 101 
Stat. 1115; Pub. L. 101-189, div. A, title VII, Sec. 709, Nov. 29, 1989, 
103 Stat. 1476; Pub. L. 105-85, div. A, title V, Sec. 504(a), (b), Nov. 
18, 1997, 111 Stat. 1725.)


                               Amendments

    1997--Subsec. (c)(2) to (4). Pub. L. 105-85, Sec. 504(a), added par. 
(2) and redesignated former pars. (2) and (3) as (3) and (4), 
respectively.
    Subsec. (d). Pub. L. 105-85, Sec. 504(b), added subsec. (d).
    1989--Subsec. (c)(2). Pub. L. 101-189 designated existing provisions 
as subpar. (A), substituted ``Except as provided in subparagraph (B), a 
deferment'' for ``A deferment'' and ``68 years of age'' for ``67 years 
of age'', and added subpar. (B).
    1987--Subsec. (c). Pub. L. 100-180 added subsec. (c).


                             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.


  Deferral of Retirement Date for Chairman of the Joint Chiefs of Staff

    Pub. L. 100-456, div. A, title VII, Sec. 704, Sept. 29, 1988, 102 
Stat. 1996, provided that: ``Notwithstanding the limitation contained in 
the first sentence of subsection (b) of section 1251 of title 10, United 
States Code, the President may defer until October 1, 1989, the 
retirement of the officer serving as Chairman of the Joint Chiefs of 
Staff for the term which began on October 1, 1987.''


  Transition Provisions Under Defense Officer Personnel Management Act

    For provision that this section not apply to any officer who on the 
effective date of this Act [Sept. 15, 1981] was on active duty in a 
grade above general, see section 632 of Pub. L. 96-615, set out as a 
note under section 611 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1401, 1406 of this title.
