§637a — Title 10 Armed Forces | U.S. Code

§637a Continuation on active duty: officers in certain military specialties and career tracks

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 › § 637a

Last updated Apr 6, 2026|Official source

Summary

A military department Secretary may let an officer in a rank above O–2 stay on active duty past the normal separation or retirement date if the officer has a qualifying job code or specialty that the Secretary has picked. Each military department must make a list of which specialties qualify. If not retired earlier, an officer kept on duty this way must be retired on the first day of the month after they complete 40 years of active service. The Secretary of Defense will write the rules and set the criteria the departments must follow when choosing qualifying specialties.

Title 10, §637a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the separation or retirement of the officer in section 632, 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).

(b)Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).

(c)An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

(d)The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted “separation or” after “provided for the”. 2018—Subsec. (a). Pub. L. 115–232, § 506, substituted “grade O–2” for “grade O–4” and inserted “632,” before “633,”. Subsec. (d). Pub. L. 115–232, § 1081(a)(8), substituted “specialties” for “specialities”.