Page 1793 TITLE 10—ARMED FORCES § 14512 tant general or assistant adjutant general of a (Added Pub. L. 103–337, div. A, title XVI, § 1611, State. Oct. 5, 1994, 108 Stat. 2952.) (Added Pub. L. 103–337, div. A, title XVI, § 1611, PRIOR PROVISIONS Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. Provisions similar to those in this section were con- 104–106, div. A, title XV, § 1501(b)(30), Feb. 10, tained in sections 3843(a) and 8843 of this title, prior to 1996, 110 Stat. 498; Pub. L. 105–85, div. A, title V, repeal by Pub. L. 103–337, § 1629(a)(3), (c)(3). § 521(b), Nov. 18, 1997, 111 Stat. 1734.) SECTION REFERRED TO IN OTHER SECTIONS PRIOR PROVISIONS This section is referred to in sections 14512, 14515 of Provisions similar to those in this section were con- this title. tained in sections 3851, 3852, 6389(f)(1), (2), 8851, and 8852 of this title, prior to repeal by Pub. L. 103–337, §§ 1628(4), § 14511. Separation at age 62: major generals and 1629(a)(3), (c)(3). rear admirals AMENDMENTS Unless retired, transferred to the Retired Re- 1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘not later serve, or discharged at an earlier date, each re- than the last day of the month in which the officer be- serve officer of the Army, Air Force, or Marine comes 60 years of age’’ for ‘‘not later than the date on Corps in the grade of major general and each re- which the officer becomes 60 years of age’’. serve officer of the Navy in the grade of rear ad- 1996—Subsecs. (c), (d). Pub. L. 104–106 struck out miral, except an officer covered by section 14512 ‘‘this’’ after ‘‘from an active status under’’. of this title, shall be separated in accordance EFFECTIVE DATE OF 1996 AMENDMENT with section 14515 of this title on the last day of the month in which the officer becomes 62 years Amendment by Pub. L. 104–106 effective as if included of age. in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see (Added Pub. L. 103–337, div. A, title XVI, § 1611, section 1501(f)(3) of Pub. L. 104–106, set out as a note Oct. 5, 1994, 108 Stat. 2953.) under section 113 of this title. PRIOR PROVISIONS CROSS REFERENCES Provisions similar to those in this section were con- Adjutants general and assistant adjutants general, tained in sections 3844 and 8844 of this title, prior to re- reference as applicable to other officers of National peal by Pub. L. 103–337, § 1629(a)(3), (c)(3). Guard, see section 10214 of this title. SECTION REFERRED TO IN OTHER SECTIONS SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14512, 14515 of This section is referred to in sections 10214, 14514, this title. 14702 of this title. § 14512. Separation at age 64: officers holding § 14509. Separation at age 60: reserve officers in certain offices grades below brigadier general or rear admi- (a) ARMY AND AIR FORCE.—Unless retired, ral (lower half) transferred to the Retired Reserve, or dis- Each reserve officer of the Army, Navy, Air charged at an earlier date, a reserve officer of Force, or Marine Corps in a grade below briga- the Army or Air Force who is Chief of the Na- dier general or rear admiral (lower half) who has tional Guard Bureau, an adjutant general, or if not been recommended for promotion to the a reserve officer of the Army, commanding gen- grade of brigadier general or rear admiral (lower eral of the troops of a State, shall on the last half) and is not a member of the Retired Reserve day of the month in which the officer becomes 64 shall, on the last day of the month in which that years of age, be separated in accordance with officer becomes 60 years of age, be separated in section 14515 of this title. accordance with section 14515 of this title. (b) NAVY AND MARINE CORPS.—The Secretary (Added Pub. L. 103–337, div. A, title XVI, § 1611, of the Navy may defer the retirement under sec- Oct. 5, 1994, 108 Stat. 2952.) tion 14510 or 14511 of a reserve officer of the Navy in a grade above captain or a reserve offi- SECTION REFERRED TO IN OTHER SECTIONS cer of the Marine Corps in a grade above colonel This section is referred to in sections 14515, 14701 of and retain the officer in an active status until this title. the officer becomes 64 years of age. Not more than 10 officers may be so deferred at any one § 14510. Separation at age 60: reserve brigadier time, distributed between the Naval Reserve and generals and rear admirals (lower half) the Marine Corps Reserve as the Secretary de- Unless retired, transferred to the Retired Re- termines. serve, or discharged at an earlier date, each re- (Added Pub. L. 103–337, div. A, title XVI, § 1611, serve officer of the Army, Air Force, or Marine Oct. 5, 1994, 108 Stat. 2953.) Corps in the grade of brigadier general who has PRIOR PROVISIONS not been recommended for promotion to the grade of major general, and each reserve rear ad- Provisions similar to those in this section were con- miral (lower half) of the Navy who has not been tained in sections 3845, 6391(b), and 8845 of this title, recommended for promotion to the grade of rear prior to repeal by Pub. L. 103–337, § 1629(a)(3), (b)(3), (c)(3). admiral, except an officer covered by section 14512 of this title, shall be separated in accord- CROSS REFERENCES ance with section 14515 of this title on the last Adjutants general and assistant adjutants general, day of the month in which the officer becomes 60 reference as applicable to other officers of National years of age. Guard, see section 10214 of this title. .