Title 10Armed ForcesRelease 119-73

§639 Continuation on active duty to complete disciplinary action

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 › § 639

Last updated Apr 6, 2026|Official source

Summary

The military department Secretary can delay an officer’s separation or retirement until a court‑martial ends.

Full Legal Text

Title 10, §639

Armed Forces — Source: USLM XML via OLRC

When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 639

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73