§ 690. Retired members ordered to active duty: limitation on number

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. § 690

   Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516

   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. 1999

   Pub. L. 106–65 div. A title V § 507 · 113 Stat. 512

   Added · 10 U.S.C. § 690(b)(2)(D)

   Pub. L. 106–65 added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 106–65 added subpar. (D).

   Enacted provision · exact public law section
   SEC. 507. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE LIMITS. Section 690(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: “(D) Any member of the Retiree Council of the Army, Navy, or Air Force for the period on active duty to attend the annual meeting of the Retiree Council.”.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   Added · 10 U.S.C. § 690(b)(2)(E)

   Pub. L. 107–107 added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (b)(2)(E). Pub. L. 107–107 added subpar. (E).

   Enacted provision · exact public law section
   (b) Limitation on Number of Recalled Officers on Active Duty.— Section 690(b)(2) of such title is amended by adding at the end the following new subparagraph: “(E) An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.”.

   Effective date note
   Amendment by Pub. L. 107–107 applicable with respect to officers serving on active duty as a defense attaché or service attaché on or after Dec. 28, 2001, see section 509(c) of Pub. L. 107–107, set out as a note under section 688 of this title.

4. 2023

   Space Force Personnel Management Act

   Pub. L. 118–31 div. A title XVII § 1741(b)(1) · 137 Stat. 136

   Substituted · 10 U.S.C. § 690(a)

   Pub. L. 118–31 substituted “Marine Corps, or Space Force,” for “or Marine Corps,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 118–31 substituted “Marine Corps, or Space Force,” for “or Marine Corps,”.

   Enacted provision · exact public law section
   (1) Limitation on number of retired members ordered to active duty.— Section 690(a) is amended by striking “or Marine Corps,” and inserting “Marine Corps, or Space Force,”.

4 of 4 references resolved to an enrolled provision