§ 688. Retired members: authority to order to active duty; duties
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/usc/title-10/section-688A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(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.)
Connections72 cite this · traces to 9
Cited by 72 sections · top 52
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statutes-at-large
- Public Law 107–107To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 102–25Entitled the “Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991”
- Public Law 104–201To authorize appropriations for fiscal year 1997 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes
- Public Law 102–190To authorize appropriations for fiscal years 1992 and 1993 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years for the Armed Forces, and for other purposes
- Public Law 96–513To amend title 10, United States Code, to revise and standardize the provisions of law relating to appointment, promotion, separation, and mandatory retirement of regular commissioned officers of the Army
- Public Law 98–94To authorize appropriations for fiscal year 1984 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
register
- Rules and RegulationsFinal rule; notification of final guidance
- NoticesInterim final rule
- Rules and RegulationsFinal rule
- Rules and RegulationsUpdated waivers and modifications of statutory and regulatory requirements; republication
- NoticesUpdated waivers and modifications of statutory and regulatory provisions
- UnknownFinal rule
- NoticesFinal rules
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesFinal regulations
- NoticesProposed Guidance
- Rules and RegulationsProposed rule; notification of proposed guidance
- NoticesInterim final regulations; request for comments
- Proposed RulesFinal guidance
- NoticesNotice of proposed rulemaking
- Rules and RegulationsNotice of proposed rulemaking
- Rules and RegulationsNotice of waivers and modifications of statutory and regulatory provisions pursuant to the Higher Education Relief Opportunities for Students Act of 2003, Pub
- NoticesProposed rule
- Presidential DocumentsProposed rule
- Presidential DocumentsProposed rules
Traces to 9 documents
U.S. Code
- /usc/title-10/section-638§ 638
- Convening of selection boards§ 611
- Defense acquisition system; element of the defense acquisition system§ 3001
- Retired members ordered to active duty: limitation on number§ 690
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- Retired members: authority to order to active duty; duties§ 688
24 references not yet in our index
- Pub. L. 104–201, div. A, title V, § 521(a)
- 110 Stat. 2515
- Pub. L. 105–85, div. A, title V, § 502
- 111 Stat. 1724
- Pub. L. 107–107, div. A, title V, § 509(a)
- 115 Stat. 1091
- 132 Stat. 1840
- 134 Stat. 3822
- 137 Stat. 664
- Pub. L. 96–513, title I, § 106
- 94 Stat. 2868
- Pub. L. 98–94, title X, § 1017(b)(1)
- 97 Stat. 669
- Pub. L. 99–145, title V, § 516
- 99 Stat. 630
- Pub. L. 102–190, div. A, title V, § 506(a)
- 105 Stat. 1359
- Pub. L. 103–160, div. A, title V, § 563
- 107 Stat. 1669
- Pub. L. 107–107
- Pub. L. 105–85
- Pub. L. 107–107, div. A, title V, § 509(c)
- Pub. L. 104–201, div. A, title V, § 521(b)
- 110 Stat. 2517
Citation graph
cites case law
§ 688
Retired members: authority to order to active duty; duties
Fed. Reg.×35
C.F.R.×17
U.S.C.×14
Stat.×6
Pub. L.Pub. L. 104–201, div. A, title V, § 521(a)
Stat.110 Stat. 2515
Pub. L.Pub. L. 105–85, div. A, title V, § 502
Cites 33 · showing 12Cited by 72 across 4 sources