---
kind: "section"
citation: "10 U.S.C. § 12108"
title: "10"
title_heading: "Armed Forces"
number: "12108"
heading: "Enlisted members: discharge or retirement for years of service or for age"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12108"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1203 — Enlisted Members"
---

# §12108. Enlisted members: discharge or retirement for years of service or for age


Each [reserve](/usc/10/101.md?p=c-6) [enlisted member](/usc/10/101.md?p=b-6) of the Army, Navy, Air Force, or Marine Corps who is in an [active status](/usc/10/101.md?p=d-4) and has reached the maximum years of service or age prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9) shall—

- (1) be transferred to the Retired [Reserve](/usc/10/101.md?p=c-6) if the member is qualified for such transfer and does not request (in accordance with regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9)) not to be transferred to the Retired [Reserve](/usc/10/101.md?p=c-6); or
- (2) be discharged if the member is not qualified for transfer to the Retired [Reserve](/usc/10/101.md?p=c-6) or has requested (in accordance with regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9)) not to be so transferred.

## Source credit

(Added Pub. L. 107–107, div. A, title V, § 517(f)(1), Dec. 28, 2001, 115 Stat. 1095.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 10154 of this title.