Title 10 — Armed ForcesRelease 119-73
§12308 Retention after becoming qualified for retired pay
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1209— - ACTIVE DUTY › § 12308
Summary
Those eligible under chapter 1223 may, with consent and a Secretary’s order, stay on duty or serve in reserves outside section 12732(b); that service counts for all purposes.
Full Legal Text
Title 10, §12308
Armed Forces — Source: USLM XML via OLRC
Any person who has qualified for retired pay under chapter 1223 of this title may, with his consent and by order of the Secretary concerned, be retained on active duty, or in service in a reserve component other than that listed in section 12732(b) of this title. A member so retained shall be credited with that service for all purposes.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 67610:1036a(e).34:440i(e).June 29, 1948, ch. 708, § 302(e), 62 Stat. 1088. The words “active duty, or in service, in a reserve component other than that listed in section 1332(b) of this title” are inserted to reflect the words “Federal service”, as used in Title III of the source statute. The words “that service for all purposes” are substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11 words). The words “upon attaining the age of sixty years” are omitted as surplusage.
Editorial Notes
Amendments
1994—Pub. L. 103–337, § 1675(c)(6), substituted “1223” for “67” and “12732(b)” for “1332(b)”. Pub. L. 103–337, § 1662(e)(2), renumbered section 676 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12308
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73