10 USC 8852: Thirty-five years or five years in grade: reserve major generals

10 USC 8852: 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 D-Air ForcePART II-PERSONNELCHAPTER 863-SEPARATION OR TRANSFER TO RETIRED RESERVE

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§8852. Thirty-five years or five years in grade: reserve major generals

(a) Except for the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia each officer in an active status in the reserve grade of major general, and each officer in an active status in the reserve grade of brigadier general who is on a recommended list for promotion to the reserve grade of major general, shall, 30 days after he completes 35 years of service computed under section 8853 of this title or on the fifth anniversary of the date of his appointment in the grade in which he is serving, 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 Air Force, 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(192), Sept. 2, 1958, 72 Stat. 1537 ; amended Pub. L. 86–559, §1(74), June 30, 1960, 74 Stat. 280 ; Pub. L. 99–145, title XIII, §1303(a)(27)(B), Nov. 8, 1985, 99 Stat. 740 ; 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Section repealed effective Oct. 1, 1996, see note set out preceding section 8841 of this title.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8852(a) 8852(b)	50:1354(a) (1st sentence, as applicable to major generals). 50:1354(c) (as applicable to brigadier generals on a recommended list). 50:1354(a) (less 1st sentence, as applicable to major generals).	Sept. 3, 1954, ch. 1257, §524(a) (as applicable to major generals), (c) (as applicable to brigadier generals on a recommended list), 68 Stat. 1182 ; June 30, 1955, ch. 247, §4(j) (as applicable to §524(a) (as applicable to major generals), and (c) (as applicable to brigadier generals on a recommended list) of the Act of Sept. 3, 1954, ch. 1257), 69 Stat. 220 .

In subsection (a), the words "After June 30, 1960" are substituted for the words "Effective five years after July 1, 1955". The words "who is not removed from an active status at an earlier date and" are omitted as surplusage.

Amendments

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

1985-Subsec. (a). Pub. L. 99–145 substituted "Except" for "After June 30, 1960, except".

1960-Subsec. (a). Pub. L. 86–559 excepted the adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia.

Section Referred to in Other Sections

This section is referred to in sections 123, 12646 of this title.