10 USC 3852: Thirty-five years or five years in grade: reserve major generals
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10 USC 3852: Thirty-five years or five years in grade: reserve major generals Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle B-ArmyPART II-PERSONNELCHAPTER 363-SEPARATION OR TRANSFER TO RETIRED RESERVE
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§3852. Thirty-five years or five years in grade: reserve major generals

(a) Each officer in the reserve grade of major general who is not a member of the Retired Reserve or the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia shall, 30 days after he completes 35 years of service computed under section 3853 of this title, or on the fifth anniversary of the date of his appointment to that grade, whichever is later-

(1) be transferred to the Retired Reserve, if he is qualified and applies therefor; or

(2) if he is not qualified or does not apply therefor, be discharged from his reserve appointment.


(b) Notwithstanding subsection (a), an officer in the reserve grade of major general who would otherwise be removed from an active status under this section may, in the discretion of the Secretary of the Army, be retained in an active status, but not later than the date on which he becomes 62 years of age. Not more than 10 officers may be retained under this subsection at any one time.

(Added Pub. L. 85–861, §1(94), Sept. 2, 1958, 72 Stat. 1486 ; amended Pub. L. 86–559, §1(29), June 30, 1960, 74 Stat. 272 ; Pub. L. 99–145, title V, §523, title XIII, §1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 632 , 739; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3841 of this title.

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3852 50:1264(a) (as applicable to major generals).

50:1264(e) (as applicable to major generals).

 Sept. 3, 1954, ch. 1257, §327(a) (as applicable to major generals), (e) (as applicable to major generals), 68 Stat. 1162 , 1163.

The words "After July 1, 1960" are substituted for 50:1264(e). The words "who is not removed from an active status at an earlier date under other provisions of law", in 50:1264(a), are omitted as covered by the words "in an active status".

Amendments

1988-Subsec. (a). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1985-Subsec. (a). Pub. L. 99–145, §1303(a)(20)(B), substituted "Each" for "After July 1, 1960, each".

Pub. L. 99–145, §523(1), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 99–145, §523(2), added subsec. (b).

1960-Pub. L. 86–559 substituted "in the reserve grade of major general who is not a member of the Retired Reserve or the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia" for "in an active status in the reserve grade of major general".

Section Referred to in Other Sections

This section is referred to in section 123 of this title.