§ 688. Retired members: authority to order to active duty; duties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title V § 521(a) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 688

   Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2515

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2515

   Enacted provision · exact public law section
   (a) Revision and Recodification of Authorities Relating to Retired Members Ordered to Active Duty.— Chapter 39 of title 10, United States Code, is amended by striking out section 688 and inserting in lieu thereof the following: “§688. Retired members: authority to order to active duty; duties “(a) Authority.— Under regulations prescribed by the Secretary Regulations. of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time. “(b) Covered Members.— Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces: “(1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. “(2) A member of the Retired Reserve who was retired under section 1293, 3911, 3914, 6323, 8911, or 8914 of this title. “(3) A member of the Fleet Reserve or Fleet Marine Corps Reserve. “(c) Duties of Member Ordered to Active Duty.— The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. “(d) Exclusion of Officers Retired on Selective Early Retirement Basis.— The following officers may not be ordered to active duty under this section: “(1) An officer who retired under section 638 of this title. “(2) An officer who— “(A) after having been notified that the officer was to be considered for early retirement under section 638 of this title by a board convened under section 611(b) of this title and before being considered by that board, requested retirement under section 3911, 6323, or 8911 of this title; and “(B) was retired pursuant to that request. “(e) Limitation of Period of Recall Service.— A member ordered to active duty under subsection (a) may not serve on active duty pursuant to orders under that subsection for more than 12 months within the 24 months following the first day of the active duty to which ordered under that subsection. “(f) Waiver for Periods of War or National Emergency.— Subsections (d) and (e) do not apply in time of war or of national emergency declared by Congress or the President. “§689. Retired members: grade in which ordered to active duty and upon release from active duty “(a) General Rule for Grade in Which Ordered to Active Duty.— Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 of this title shall be ordered to active duty in the member’s retired grade. “(b) Members Retired in O–9 and O–10 Grades.— A retired member ordered to active duty under section 688 of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty. “(c) Members Who Previously Served in Grade Higher Than Retired Grade.— (1) A retired member ordered to active duty under section 688 of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral. “(2) A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of section 690 of this title as if the member was promoted to that higher grade while on that tour of active duty. “(3) If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to placement on the retired list in that grade. “(d) Grade Upon Release From Active Duty.— A member ordered to active duty under section 688 of this title who, while on active duty, is promoted to a grade that is higher than that member’s retired grade is entitled, upon that member’s release from that tour of active duty, to placement on the retired list in the highest grade in which the member served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. “§690. Retired members ordered to active duty: limitation on number “(a) General and Flag Officers.— Not more than 15 retired general officers of the Army, Air Force, or Marine Corps, and not more than 15 retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of 60 days or less is not counted. “(b) Limitation by Service.— (1) Not more than 25 officers of any one armed force may be serving on active duty concurrently pursuant to orders to active duty issued under section 688 of this title. “(2) In the administration of paragraph (1), the following officers shall not be counted: “(A) A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered. “(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of the active duty to which ordered. “(C) Any officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered. “(c) Waiver for Periods of War or National Emergency.— Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 1980. Subsection (b) does not apply in time of war or of national emergency declared by Congress or the President.”.

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title V § 502 · 111 Stat. 1629

   1. Amended · 10 U.S.C. § 688(e)

      Pub. L. 105–85 designated existing provisions as par. (1)

   2. Added · 10 U.S.C. § 688(e)

      Pub. L. 105–85 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 502. EXCLUSION OF CERTAIN RETIRED OFFICERS FROM LIMITATION ON PERIOD OF RECALL TO ACTIVE DUTY. Section 688(e) of title 10, United States Code, is amended— (1) by inserting “(1)” before “A member”; and (2) by adding at the end the following: “(2) Paragraph (1) does not apply to the following officers: “(A) A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered. “(B) A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of active duty to which ordered. “(C) An officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.”.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 509(a) · 115 Stat. 1012

   Added · 10 U.S.C. § 688(e)(2)(D)

   Pub. L. 107–107 added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (e)(2)(D). Pub. L. 107–107 added subpar. (D).

   Enacted provision · exact public law section
   (a) Limitation of Period of Recalled Service.— Section 688(e)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: “(D) An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.”.

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 688(b)(2)

   Pub. L. 115–232 substituted “section 1293, 7311, 7314, 8323, 9311, or 9314” for “section 1293, 3911, 3914, 6323, 8911, or 8914”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–232 substituted “section 1293, 7311, 7314, 8323, 9311, or 9314” for “section 1293, 3911, 3914, 6323, 8911, or 8914”.

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 809(a) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 688(d)(2)(A)

   Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”

   Source evidence

   Code amendment note
   Subsec. (d)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

   Enacted provision · exact public law section
   (a) Title 10, United States Code.— Each provision of title 10, United States Code (including the table of subtitles preceding subtitle A), that contains a reference to a section or chapter redesignated by this part is 10 USC prec. 101, 125, 162, 347, 532, 616, 624, 631–634, 637–638b, 641, 652, 688, 1074h, 1134a, 1135, 1174, 1176, 1370, 1402, 1402a, 1406, 1407, 1409, 1447, 1488, 1552, 2208, 2218, 2433, 2474, 2522, 2547, 2563, 2575, 2780, 7023, 7032, 7033, 7036, 7278, 7282, 7285, 7311, 7314, 7317, 7318, 7324, 7325, 7326, 7329, 7343, 7345, 7361, 7362, 7433a, 7442, 7443, 7482–7484, 7629, 7722, 7806, 8023, 8027, 8032, 8033, 8036, 8037, 8042, 8043, 8083, 8084, 8089, 8139, 8146, 8219, 8243, 8286, 8298, 8307, 8323, 8325–8327, 8330, 8331, 8333, 8335, 8336, 8371, 8372, 8451a, 8454, 8456, 8458, 8470a, 8474, 8476, 8481, 8545, 8549, 8585–8587, 8675, 8686, 8722, 8723, 8725, 8730, 8731, 8737, 8766, 8855, 8859, 8860, 8881, 8892–8894, 8897, 9023, 9032, 9033, 9039, 9062, 9081, 9229, 9278, 9282, 9285, 9311, 9314, 9317, 9318, 9324–9326, 9329, 9343, 9345, 9361, 9362, 9414a, 9415, 9417, 9433a, 9442, 9443, 9482–9484, 9491m, 9494, 9496, 9498, 10154, 10171–10174, 12009, 12645–12647, 12741, 14108, 14311. amended so that the reference refers to the number of the section or chapter as redesignated.

   Effective date note
   Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title IX § 924(b)(4)(I) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 688(b)(1)

   Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”.

   Enacted provision · exact public law section
   (I) Section 688(b)(1).

7. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1719A(b)(1)(A) · 137 Stat. 136

   Substituted · 10 U.S.C. § 688(b)(1)

   Pub. L. 118–31, § 1719A(b)(1)(A), substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 118–31, § 1719A(b)(1)(A), substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “Regular Marine Corps, or Regular Space Force” and inserting “or Regular Marine Corps”; and

8. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 § 1719A(b)(1)(B) · 137 Stat. 136

   Added · 10 U.S.C. § 688(b)(4)

   Pub. L. 118–31, § 1719A(b)(1)(B), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 118–31, § 1719A(b)(1)(B), added par. (4).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraph: “(4) A retired member of the Space Force.” .

9 of 9 references resolved to an enrolled provision