Page:United States Statutes at Large Volume 70A.djvu/285

227 227 this title, whichever is later. However, if his name is carried on the list of officers recommended for appointment to the regular grade of brigadier general, he shall be retained on the active list while his name is so carried. (b) The Secretary of the Army may defer the retirement under this section of any promotion-list officer in the regular grade of colonel in the Medical Corps, Dental Corps, Veterinary Corps, Medical Service Corps, or the Chaplains, but not later than the date on which he becomes 60 years of age. The number of deferments in effect under this subsection for any one promotion list at any one time may not be more than 10 percent of the number of colonels authorized for that list. §3922.

Thirty years or five years in grade: regular brigadier generals (a) Unless retired or separated at an earlier date, each officer in the regular grade of brigadier general, other than a professor of the United States Military Academy, shall be retired, except as provided by section 47a of title 5, on the fifth anniversary of the date of his appointment in that regular grade, or on the thirtieth day after he completes 30 years of service computed under section 3927(a) of this title, whichever is later. However, if his name is carried on the list of officers recommended for appointment to the regular grade of major general, he shall be retained on the active list while his name is so carried. (b) The Secretary of the Army may defer the retirement under this section of any brigadier general who is serving in a higher temporary grade, but not later than the date on which he becomes 60 years of age. Not more than five deferments under this subsection may be in effect at any one time. § 3923. Thirty-five years or five years in grade: regular major generals Unless retired or separated at an earlier date, each officer in the regular grade of major general shall be retired, except as provided by section 47a of title 5, on the fifth anniversary of the date of his appointment in that regular grade, or on the thirtieth day after he completes 35 years of service computed under section 3927(a) of this title, whichever is later. However, the Secretary of the Army may defer the retirement under this section of— (1) any such major general, but not later than the date on which he becomes 60 years of age; and (2) any such major general who is serving in a temporary grade above major general, or who is serving in a position that carries a grade above major general, but not later than the date on which he becomes 64 years of age; and not more than five deferments under this clause may be in effect at any one time. §3924. Forty years or more: Army officers (a) Except as provided in section 3786 of this title, a commissioned officer of the Army who has at least 40 years of service computed under section 3926 of this title shall be retired upon his request.

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