10 U.S.C. § 688

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 688 - Retired members: authority to order to active duty; duties

(a) AUTHORITY.-Under regulations prescribed by the Secretary 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, 7311, 7314, 8323, 9311, or 9314 of this title.

(3) A member of the Fleet Reserve or Fleet Marine Corps Reserve.

(4) A retired member of the Space Force.

(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 7311, 8323, or 9311 of this title; and

(B) was retired pursuant to that request.

(e) LIMITATION OF PERIOD OF RECALL SERVICE.-

(1) 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.

(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.

(D) An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.

(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.

10 U.S.C. § 688

Added Pub. L. 104-201, div. A, title V, §521(a), Sept. 23, 1996, 110 Stat. 2515; amended Pub. L. 105-85, div. A, title V, §502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107-107, div. A, title V, §509(a), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 115-232, div. A, title VIII, §809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116-283, div. A, title IX, §924(b)(4)(I), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118-31, div. A, title XVII, §1719A(b)(1), Dec. 22, 2023, 137 Stat. 664.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 688, added Pub. L. 96-513, title I, §106, Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98-94, title X, §1017(b)(1)-(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99-145, title V, §516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102-190, div. A, title V, §506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L. 103-160, div. A, title V, §563, Nov. 30, 1993, 107 Stat. 1669, provided that certain retired members of the armed forces could be ordered to active duty, prior to repeal by Pub. L. 104-201, div. A, title V, §521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517, effective Sept. 30, 1997. See sections 688 to 690 of this title.

AMENDMENTS2023-Subsec. (b)(1). Pub. L. 118-31, §1719A(b)(1)(A), substituted "or Regular Marine Corps" for "Regular Marine Corps, or Regular Space Force".Subsec. (b)(4). Pub. L. 118-31, §1719A(b)(1)(B), added par. (4). 2021-Subsec. (b)(1). Pub. L. 116-283 substituted "Regular Marine Corps, or Regular Space Force" for "or Regular Marine Corps". 2018-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".Subsec. (d)(2)(A). Pub. L. 115-232 substituted "section 7311, 8323, or 9311" for "section 3911, 6323, or 8911".2001-Subsec. (e)(2)(D). Pub. L. 107-107 added subpar. (D).1997-Subsec. (e). Pub. L. 105-85 designated existing provisions as par. (1) and added par. (2).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2018 AMENDMENT 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.

EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-107, div. A, title V, §509(c), Dec. 28, 2001, 115 Stat. 1091, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 690 of this title] shall apply with respect to officers serving on active duty as a defense attaché or service attaché on or after the date of the enactment of this Act [Dec. 28, 2001]."

EFFECTIVE DATE Pub. L. 104-201, div. A, title V, §521(b), Sept. 23, 1996, 110 Stat. 2517, provided that: "The amendments made by this section [enacting this section and sections 689 and 690 of this title, amending section 6151 of this title, and repealing former section 688 of this title] shall take effect on September 30, 1997."

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
officer: The term "officer" means a commissioned or warrant officer.