
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: 10USC14508]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
    CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY 
                               SEPARATION
 
Sec. 14508. Removal from the reserve active-status list for 
        years of service: reserve general and flag officers
        
    (a) Thirty Years Service or Five Years in Grade.--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.--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) 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 60 
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.
    (d) 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 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.
    (e) 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.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2951; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(30), 
Feb. 10, 1996, 110 Stat. 498; Pub. L. 105-85, div. A, title V, 
Sec. 521(b), Nov. 18, 1997, 111 Stat. 1734.)


                            Prior Provisions

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


                               Amendments

    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''.


                    Effective Date of 1996 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 10214, 14514, 14702 of this 
title.
