
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC636]

 
                         TITLE 10--ARMED FORCES
 
                    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
 
Sec. 636. Retirement for years of service: regular officers in 
        grades above brigadier general and rear admiral (lower half)
        
    (a) Major Generals and Rear Admirals Serving in Grade.--Except as 
provided in subsection (b) or (c) and under section 637(b) 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.
    (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.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2863; 
amended Pub. L. 98-525, title XIV, Sec. 1405(14), Oct. 19, 1984, 98 
Stat. 2622; Pub. L. 105-85, div. A, title V, Sec. 506(a), (b), Nov. 18, 
1997, 111 Stat. 1726.)


                               Amendments

    1997--Pub. L. 105-85, Sec. 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, Sec. 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''.

                  Section Referred to in Other Sections

    This section is referred to in sections 637, 1401, 1406 of this 
title.
