The U.S. Code explicitly limits the total number of four-star officers that may be on active duty at any given time.
[53] Finally, all statutory limits may be waived at the president's discretion during time of war or national emergency.
[76] Four-star officers are nominated for appointment by the president from any eligible officers holding a one-star rank or above, who also meets the other requirements for the position, under the advice or suggestion of their respective executive department secretary, service secretary, and if applicable the Joint Chiefs.
[76] One-star and two-star billets may be elevated to three-star or four-star level as appropriate, either by act of Congress, or within statutory limits by the services at their discretion.
A lower level billet may be elevated to four-stars to highlight importance to the overall defense apparatus or to achieve parity with equivalent commands in the same area of responsibility or service branch.
The standard tour length for most four-star positions is three years, bundled as a two-year term plus a one-year extension, with the following exceptions: All appointees serve at the pleasure of the president.
Some statutory limits of tour length under the U.S. Code can be waived in times of national emergency or war.
Regular four-star officers must retire after 40 years of active commissioned service unless reappointed to rank to serve longer.
Senior officers typically retire well in advance of the statutory age and service limits, so as not to impede the upward career mobility of their juniors.
[122] The president and Congress must also receive certification by the secretary of defense that the retiree served satisfactorily in rank.
It is rare for a four-star officer not to be certified to retire in grade or for the Senate to seek final approval.
[136] Four-star officers typically step down from their posts up to 60 days in advance of their official retirement dates.