§688 Retired members: authority to order to active duty; duties

Summary

The Secretary of a military branch can order certain retired members back to active duty at any time, under rules set by the Secretary of Defense. This covers retired members of the Regular Army, Navy, Air Force, Marine Corps, and Space Force; members of the Retired Reserve retired under sections 1293, 7311, 7314, 8323, 9311, or 9314; and members of the Fleet Reserve or Fleet Marine Corps Reserve. The branch Secretary can assign recalled members any duties needed for national defense, as long as other laws allow it. Two kinds of officers cannot be recalled: those who retired under section 638, and those who, after being told they would be considered for early retirement under section 638 by a board under section 611(b) and before that board met, asked for and received retirement under section 7311, 8323, or 9311. A recalled member generally may not serve more than 12 months during the 24 months after the start of the ordered active duty. That 12-month limit does not apply to chaplains serving as chaplains, health care professionals serving as such (as the Secretary defines), officers assigned to the American Battle Monuments Commission, or officers assigned as defense or service attachés. The limits and the recall ban above do not apply during a time of war or a national emergency declared by Congress or the President.