PRIA Logo™
Take the PRIA Score
Title 10 — Armed ForcesRelease 119-73

§637 Selection of regular officers for continuation on active duty

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 36— - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER IV— - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT › § 637

Last updated Apr 6, 2026|Official source

Summary

Officers who would otherwise be discharged or retired can be kept on active duty if a selection board chooses them and the military still needs them. A captain in the Army, Air Force, Marine Corps, or Space Force, or a lieutenant in the Navy, cannot be kept past the last day of the month when they reach 20 years of active commissioned service unless they are promoted to major or lieutenant commander. A major or lieutenant commander cannot be kept past the last day of the month when they reach 24 years unless promoted to lieutenant colonel or commander. If an officer is picked but says no, they will be separated or retired as the rules require. If an officer is kept but not later promoted or recommended for promotion, they will be discharged when their extra time ends or, if eligible, retired on the first day of the month after that. Such retirements or discharges count as involuntary under other laws. Officers facing retirement under other rules may also have retirement delayed and remain on active duty if a selection board or the proper official approves and the service needs them. For one- and two-star grades (brigadier general, rear admiral (lower half), major general, rear admiral) the Secretary of the military department can defer retirement; officers above those grades must be continued by the President. Any deferral generally cannot be longer than five years except as allowed by other law. The Secretary of Defense must write the rules to run this process, and the military department Secretary must approve board selections and may shorten a continuation period under other rules.

Full Legal Text

Title 10, §637

Armed Forces — Source: USLM XML via OLRC

(a)(1)An officer subject to discharge or retirement in accordance with section 632 of this title may, subject to the needs of the service, be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 611(b) of this title.
(2)An officer who holds the regular grade of captain in the Army, Air Force, Marine Corps, or Space Force, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of active commissioned service unless he is promoted to the regular grade of major or lieutenant commander, respectively.
(3)An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 24 years of active commissioned service unless he is promoted to the regular grade of lieutenant colonel or commander, respectively.
(4)An officer who is selected for continuation on active duty under this subsection but declines to continue on active duty shall be discharged, retired, or retained on active duty, as appropriate, in accordance with section 632 of this title.
(5)Each officer who is continued on active duty under this subsection, is not subsequently promoted or continued on active duty, and is not on a list of officers recommended for continuation or for promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law—
(A)be discharged upon the expiration of his period of continued service; or
(B)if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service.
(6)The retirement or discharge of an officer pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
(b)(1)An officer subject to retirement under section 633 or 634 of this title may, subject to the needs of the service, have his retirement deferred and be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 611(b) of this title.
(2)An officer subject to retirement under section 635 or 636 of this title who is serving in the grade of brigadier general, rear admiral (lower half), major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned. An officer subject to retirement under section 635 or 636 of this title who is serving in a grade above major general or rear admiral may have his retirement deferred and be continued on active duty by the President.
(3)Any deferral of retirement and continuation on active duty under this subsection shall be for a period not to exceed five years, except as provided under section 1251 or 1253 of this title.
(c)Continuation of an officer on active duty under this section pursuant to the action of a selection board convened under section 611(b) of this title is subject to the approval of the Secretary of the military department concerned. The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section 638a of this title.
(d)For purposes of this section, a period of continuation on active duty under this section expires or is completed on the earlier of (1) the date originally established for the termination of such period, or (2) the date established for the termination of such period by any shortening of such period under section 638a of this title.
(e)The Secretary of Defense shall prescribe regulations for the administration of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(2). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”. 2018—Subsec. (a)(5). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911” in concluding provisions. 2008—Subsec. (b)(3). Pub. L. 110–181 substituted “except as provided under section 1251 or 1253 of this title” for “but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer’s sixty-second birthday”. 1990—Subsec. (c). Pub. L. 101–510, § 521(b)(1)(A), inserted at end “The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section 638a of this title.” Subsecs. (d), (e). Pub. L. 101–510, § 521(b)(1)(B), (C), added subsec. (d) and redesignated former subsec. (d) as (e). 1985—Subsec. (b)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”. 1984—Subsec. (a)(2). Pub. L. 98–525, § 1405(15)(A), substituted “20” for “twenty”. Subsec. (a)(3). Pub. L. 98–525, § 1405(15)(B), substituted “24” for “twenty-four”. 1981—Subsec. (b)(1). Pub. L. 97–22, § 4(e)(1), substituted “section 633 or 634” for “section 633, 634, 635, or 636”. Subsec. (b)(2). Pub. L. 97–86 substituted “commodore” for “commodore admiral”. Pub. L. 97–22, § 4(e)(2), inserted provision that an officer subject to retirement under section 635 or 636 of this title who is serving in the grade of brigadier general, commodore admiral, major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned and struck out requirement that the deferral of the retirement of an officer subject to retirement under section 635 or 636 of this title serving in a grade above major general or rear admiral was subject to the needs of the service.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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 1981 AmendmentAmendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this subchapter 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. Transition Provisions Under Defense Officer Personnel Management ActFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the

Effective Date

of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 637

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73