§688. Retired members

(a) Under regulations prescribed by the Secretary of Defense, a retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps, a member of the Retired Reserve who was retired under section 1293, 3911, 3914, 6323, 8911, or 8914 of this title, or a member of the Fleet Reserve or Fleet Marine Corps Reserve may be ordered to active duty by the Secretary of the military department concerned at any time. 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.

(b) A member ordered to active duty under this section who, while on active duty, is promoted to a grade that is higher than his retired grade is entitled, upon his release from that tour of active duty, to placement on the retired list in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months.

(c) Except in time of war, or of national emergency declared by the Congress or the President after November 30, 1980, not more than fifteen retired general officers of the Army, Air Force, or Marine Corps, and not more than fifteen 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 sixty days or less is not counted.

(d)(1) Except as provided in paragraphs (2) and (3), a retired member ordered to active duty under this section shall be ordered to active duty in his retired grade.

(2) A retired member ordered to active duty under this section 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.

(3)(A) A retired member ordered to active duty under this section 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.

(B) A retired member ordered to active duty in a grade that is higher than the member's retired grade pursuant to paragraph (1) shall be treated for purposes of subsection (b) as if the member was promoted to that higher grade while on that tour of active duty.

(C) 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.

(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 .)

Amendments

1993-Subsec. (a). Pub. L. 103–160 substituted "who was retired under section 1293, 3911, 3914, 6323, 8911, or 8914 of this title" for "who has completed at least 20 years of active service".

1991-Subsec. (d)(1). Pub. L. 102–190, §506(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".

Subsec. (d)(3). Pub. L. 102–190, §506(a)(2), added par. (3).

1985-Subsec. (d). Pub. L. 99–145 added subsec. (d).

1983-Pub. L. 98–94, §1017(a)(3), substituted "Retired members" for "Regular components: retired members" in section catchline.

Subsec. (a). Pub. L. 98–94, §1017(b)(1), inserted ", a member of the Retired Reserve who has completed at least 20 years of active service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve".

Subsec. (b). Pub. L. 98–94, §1017(b)(2), substituted "A member ordered to active duty under this section" for "A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps".

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Grade of Recalled Retired Members Ordered to Active Duty in Connection With Operation Desert Storm

Pub. L. 102–25, title III, §311, Apr. 6, 1991, 105 Stat. 84 , as amended by Pub. L. 102–190, div. A, title V, §506(b), Dec. 5, 1991, 105 Stat. 1359 , provided that:

"(a) In General.-A retired member of the Armed Forces ordered to active duty under section 688 of title 10, United States Code, in connection with Operation Desert Storm who had 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 under that section in the highest grade in which the member had so served satisfactorily.

"(b) Grade Upon Release From Active Duty.-(1) For the purposes of section 688(b) of title 10, United States Code, a member of the Armed Forces ordered to active duty in a grade that is higher than the member's retired grade pursuant to subsection (a) shall be deemed to have been promoted to such higher grade while on such active duty.

"(2) A retired member described in subsection (a) who, upon being released from the tour of active duty covered by that subsection, has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade higher than the member's retired grade, is entitled, upon that release from active duty, to placement on the retired list in that grade.

"(c) Effective Date.-This section shall apply with respect to retired members ordered to active duty on or after August 2, 1990, and before the date of the enactment of the National Defense Authorization Act for Fiscal Years 1992 and 1993 [Dec. 5, 1991]."

Section Referred to in Other Sections

This section is referred to in sections 101, 6151, 12307 of this title; title 37 sections 302f, 403a; title 38 sections 3013, 3231, 3511; title 50 App. section 592.