Title 10 — Armed ForcesRelease 119-73

§649h 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 VI— - ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES › § 649h

Last updated Apr 6, 2026|Official source

Summary

Allows an officer who would otherwise be discharged or retired to be kept on active duty if a selection board picks them and the service needs allow it. The officer can only be chosen for specific jobs the military department’s Secretary has said are open or will open. The Secretary must list those jobs before the board meets. The board may recommend an officer only if the officer is judged able to do one of those jobs based on required skills, knowledge, and behavior. The Secretary must approve the board’s decision. If the officer says no, they will be discharged or retired under the normal rules. An officer kept on active duty must serve in the assigned job (or another approved job) for no more than three years from the date of assignment. They can be picked again before that time ends to continue serving. If not picked again, they will be discharged when the term ends, or retired under other law on the first day of the month after they finish. Any discharge or retirement under these rules counts as involuntary for other laws.

Full Legal Text

Title 10, §649h

Armed Forces — Source: USLM XML via OLRC

(a)An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title.

(b)(1)Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.

(2)Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.

(c)A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.

(d)Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned.

(e)An officer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title.

(f)(1)An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned.

(2)An officer whose continued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph.

(g)Each officer continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer’s term of continued service shall, unless sooner discharged or retired under another provision of law—

(1)be discharged upon the expiration of the term of continued service; or

(2)if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service.

(h)The discharge or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.

Reference

Citations & Metadata

Citation

10 U.S.C. § 649h

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73