---
kind: "section"
citation: "10 U.S.C. § 1253"
title: "10"
title_heading: "Armed Forces"
number: "1253"
heading: "Age 64: regular commissioned officers in general and flag officer grades; exceptions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1253"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 63 — Retirement for Age"
---

# §1253. Age 64: regular commissioned officers in general and flag officer grades; exceptions

- (a) **General Rule.—** Unless retired or separated earlier, each [regular](/usc/10/101.md?p=b-12) [commissioned officer](/usc/10/101.md?p=b-2) of the Army, Navy, Air Force, Marine Corps, or Space Force serving in a general or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7) shall be retired on the first day of the month following the month in which the [officer](/usc/10/101.md?p=b-1) becomes 64 years of age.
- (b) **Exception for Officers Serving in O–9 and O–10 Positions.—** In the case of an [officer](/usc/10/101.md?p=b-1) serving in a position that carries a [grade](/usc/10/101.md?p=b-7) above major general or rear admiral, the retirement under [subsection (a)](#a) of that [officer](/usc/10/101.md?p=b-1) may be deferred—
  - (1) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the [officer](/usc/10/101.md?p=b-1) becomes 68 years of age; or
  - (2) by the [Secretary](/usc/10/4951.md?p=3) of Defense, but such a deferment may not extend beyond the first day of the month following the month in which the [officer](/usc/10/101.md?p=b-1) becomes 66 years of age.
- (c) **Deferred Retirement of Chaplains.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may defer the retirement under [subsection (a)](#a) of an [officer](/usc/10/101.md?p=b-1) serving in a general or [flag officer](/usc/10/101.md?p=b-5) [grade](/usc/10/101.md?p=b-7) who is the Chief of Chaplains or Deputy Chief of Chaplains of that [officer](/usc/10/101.md?p=b-1)’s armed force.
  - (2) A deferment of the retirement of an [officer](/usc/10/101.md?p=b-1) referred to in [paragraph (1)](#c-1) may not extend beyond the first day of the month following the month in which the [officer](/usc/10/101.md?p=b-1) becomes 68 years of age.

## Source credit

(Added Pub. L. 109–364, div. A, title V, § 502(a), Oct. 17, 2006, 120 Stat. 2176; amended Pub. L. 114–92, div. A, title V, § 504(a), (b)(1), Nov. 25, 2015, 129 Stat. 807; Pub. L. 116–92, div. A, title V, § 508, Dec. 20, 2019, 133 Stat. 1346; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(V), Jan. 1, 2021, 134 Stat. 3821.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.

2019—Subsec. (c)(3). Pub. L. 116–92 struck out par. (3) which read as follows: “The authority to defer the retirement of an officer referred to in paragraph (1) expires December 31, 2020. Subject to paragraph (2), a deferment granted before that date may continue on and after that date.”

2015—Pub. L. 114–92, § 504(b)(1), substituted “Age 64: regular commissioned officers in general and flag officer grades; exceptions” for “Age 64: regular commissioned officers in general and flag officer grades; exception” in section catchline.

Subsec. (c). Pub. L. 114–92, § 504(a), added subsec. (c).