--- kind: "section" citation: "10 U.S.C. § 14508" title: "10" title_heading: "Armed Forces" number: "14508" heading: "Removal from the reserve active-status list for years of service: reserve general and flag officers" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/14508" units: - "Subtitle E — Reserve Components" - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List" - "Chapter 1407 — Failure of Selection for Promotion and Involuntary Separation" --- # §14508. Removal from the reserve active-status list for years of service: reserve general and flag officers - (a) **Thirty Years Service or Five Years in Grade for Brigadier Generals and Rear Admirals (Lower Half).—** Unless retired, transferred to the Retired [Reserve](/usc/10/101.md?p=c-6), or discharged at an earlier date, each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps in the [grade](/usc/10/101.md?p=b-7) of brigadier general who has not been recommended for promotion to the [grade](/usc/10/101.md?p=b-7) of major general, and each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy in the [grade](/usc/10/101.md?p=b-7) of rear admiral (lower half) who has not been recommended for promotion to rear admiral shall, 30 days after completion of 30 years of commissioned service or on the fifth anniversary of the date of the [officer](/usc/10/101.md?p=b-1)’s appointment in the [grade](/usc/10/101.md?p=b-7) of brigadier general or rear admiral (lower half), whichever is later, be separated in accordance with [section 14514 of this title](/usc/10/14514.md). - (b) **Thirty-Five Years Service or Five Years in Grade for Major Generals and Rear Admirals.—** Unless retired, transferred to the Retired [Reserve](/usc/10/101.md?p=c-6), or discharged at an earlier date, each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps in the [grade](/usc/10/101.md?p=b-7) of major general, and each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy in the [grade](/usc/10/101.md?p=b-7) of rear admiral, shall, 30 days after completion of 35 years of commissioned service or on the fifth anniversary of the date of the [officer](/usc/10/101.md?p=b-1)’s appointment in the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral, whichever is later, be separated in accordance with [section 14514 of this title](/usc/10/14514.md). - (c) **Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals.—** Unless retired, transferred to the Retired [Reserve](/usc/10/101.md?p=c-6), or discharged at an earlier date, each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps in the [grade](/usc/10/101.md?p=b-7) of lieutenant general and each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy in the [grade](/usc/10/101.md?p=b-7) of vice admiral shall be separated in accordance with [section 14514 of this title](/usc/10/14514.md) on the later of the following: - (1) 30 days after completion of 38 years of commissioned service. - (2) The fifth anniversary of the date of the [officer](/usc/10/101.md?p=b-1)’s appointment in the [grade](/usc/10/101.md?p=b-7) of lieutenant general or vice admiral. - (d) **Forty Years of Service for Generals and Admirals.—** Unless retired, transferred to the Retired [Reserve](/usc/10/101.md?p=c-6), or discharged at an earlier date, each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps in the [grade](/usc/10/101.md?p=b-7) of general and each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy in the [grade](/usc/10/101.md?p=b-7) of admiral shall be separated in accordance with [section 14514 of this title](/usc/10/14514.md) on the first day of the first month beginning after the date of the fifth anniversary of the [officer](/usc/10/101.md?p=b-1)’s appointment to that [grade](/usc/10/101.md?p=b-7) or 30 days after the date on which the [officer](/usc/10/101.md?p=b-1) completes 40 years of commissioned service, whichever is later. - (e) **Retention of Brigadier Generals.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army or Air Force in the [grade](/usc/10/101.md?p=b-7) of brigadier general who would otherwise be removed from an [active status](/usc/10/101.md?p=d-4) under [subsection (a)](#a) may, in the discretion of the [Secretary](/usc/10/12521.md?p=4) of the Army or the [Secretary](/usc/10/12521.md?p=4) of the Air Force, as the case may be, be retained in an [active status](/usc/10/101.md?p=d-4), but not later than the last day of the month in which the [officer](/usc/10/101.md?p=b-1) becomes 62 years of age. Not more than 10 [officers](/usc/10/101.md?p=b-1) of the Army and not more than 10 [officers](/usc/10/101.md?p=b-1) of the Air Force may be retained under this subsection at any one time. - (f) **Retention of Major Generals.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army or Air Force in the [grade](/usc/10/101.md?p=b-7) of major general who would otherwise be removed from an [active status](/usc/10/101.md?p=d-4) under [subsection (b)](#b) may, in the discretion of the [Secretary](/usc/10/12521.md?p=4) of the Army or the [Secretary](/usc/10/12521.md?p=4) of the Air Force, as the case may be, be retained in an [active status](/usc/10/101.md?p=d-4), but not later than the date on which the [officer](/usc/10/101.md?p=b-1) becomes 64 years of age. Not more than 10 [officers](/usc/10/101.md?p=b-1) of the Army and not more than 10 [officers](/usc/10/101.md?p=b-1) of the Air Force may be retained under this subsection at any one time. - (g) **Retention of Lieutenant Generals.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army or Air Force in the [grade](/usc/10/101.md?p=b-7) of lieutenant general who would otherwise be removed from an [active status](/usc/10/101.md?p=d-4) under [subsection (c)](#c) may, in the discretion of the [Secretary](/usc/10/12521.md?p=4) of the Army or the [Secretary](/usc/10/12521.md?p=4) of the Air Force, as the case may be, be retained in an [active status](/usc/10/101.md?p=d-4), but not later than the date on which the [officer](/usc/10/101.md?p=b-1) becomes 66 years of age. - (h) **Exception for State Adjutants General and Assistant Adjutants General.—** This section does not apply to an [officer](/usc/10/101.md?p=b-1) who is the adjutant general or assistant adjutant general of a [State](/usc/10/18232.md?p=1). ## Source credit (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2951; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(30), Feb. 10, 1996, 110 Stat. 498; Pub. L. 105–85, div. A, title V, § 521(b), Nov. 18, 1997, 111 Stat. 1734; Pub. L. 109–364, div. A, title V, § 503(e), Oct. 17, 2006, 120 Stat. 2178; Pub. L. 110–181, div. A, title V, § 513, title XVIII, § 1825(c)(1), Jan. 28, 2008, 122 Stat. 99, 502; Pub. L. 110–417, [div. A], title V, § 515, Oct. 14, 2008, 122 Stat. 4442.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in sections 3851, 3852, 6389(f)(1), (2), 8851, and 8852 of this title, prior to repeal by Pub. L. 103–337, §§ 1628(4), 1629(a)(3), (c)(3). ### Amendments 2008—Subsec. (a). Pub. L. 110–181, § 513(b)(1), inserted “for Brigadier Generals and Rear Admirals (Lower Half)” after “Grade” in heading. Subsec. (b). Pub. L. 110–181, § 513(b)(2), inserted “for Major Generals and Rear Admirals” after “Grade” in heading. Subsec. (c). Pub. L. 110–181, § 513(a)(2), added subsec. (c). Former subsec. (c) redesignated (e). Subsec. (d). Pub. L. 110–181, § 1825(c)(1), added subsec. (d). Former subsec. (d) redesignated (f). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (d) as (f). Subsecs. (e) and (f). Pub. L. 110–181, § 513(a)(1), redesignated subsecs. (c) and (d) as (e) and (f), respectively. Subsec. (g). Pub. L. 110–417, § 515(2), added subsec. (g). Former subsec. (g) redesignated (h). Pub. L. 110–181, § 513(a)(1), redesignated subsec. (e) as (g). Subsec. (h). Pub. L. 110–417, § 515(1), redesignated subsec. (g) as (h). 2006—Subsec. (c). Pub. L. 109–364, § 503(e)(1), substituted “62” for “60”. Subsec. (d). Pub. L. 109–364, § 503(e)(2), substituted “64” for “62”. 1997—Subsec. (c). Pub. L. 105–85 substituted “not later than the last day of the month in which the officer becomes 60 years of age” for “not later than the date on which the officer becomes 60 years of age”. 1996—Subsecs. (c), (d). Pub. L. 104–106 struck out “this” after “from an active status under”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. ### Effective Date Section 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.