10 U.S.C. § 14512

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 14512 - Separation at age 66: officers holding certain offices

(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).

10 U.S.C. § 14512

Added Pub. L. 103-337, div. A, title XVI, §16111611,, 108 Stat. 2953; amended Pub. L. 109-163, div. A, title V, §§511, Jan. 6, 2006, 515, Jan. 6, 2006, 119 Stat. 3231, 3234; Pub. L. 109-364, div. A, title V, §503(d), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110-181, div. A, title XVIII, §1825(b), Jan. 28, 2008, 122 Stat. 502.

EDITORIAL NOTES

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

AMENDMENTS2008-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 DATESection 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.

Air National Guard

The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.

Army National Guard

The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.

National Guard

The term "National Guard" means the Army National Guard and the Air National Guard.

active status

The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.

grade

The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

officer

The term "officer" means a commissioned or warrant officer.