§689 — Title 10 Armed Forces | U.S. Code

Summary

When a retired service member is called back to active duty under sections 688 or 688a, they are usually returned at the rank they retired in. If their retired rank is above major general or rear admiral, they come back at the highest permanent rank they held on active duty. If the Secretary of their military department finds they once served well in a higher rank than their retired rank, the Secretary may order them back at that higher rank, but not above major general or rear admiral. If they are ordered to a higher rank under subsection (a), they are treated under section 690 as if promoted while on that tour. If they serve satisfactorily in the higher rank for a total of at least 36 months, they can retire in that higher rank. If a member is promoted while on that active-duty tour to a rank above their retired rank, then when they leave that tour they may be placed on the retired list in the highest rank in which they served satisfactorily for at least six months, as the Secretary decides.

Title 10, §689

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 or 688a of this title shall be ordered to active duty in the member’s retired grade.

(b)A retired member ordered to active duty under section 688 or 688a of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty.

(c)(1)A retired member ordered to active duty under section 688 or 688a of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral.

(2)A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of section 690 of this title as if the member was promoted to that higher grade while on that tour of active duty.

(3)If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to placement on the retired list in that grade.

(d)A member ordered to active duty under section 688 or 688a of this title who, while on active duty, is promoted to a grade that is higher than that member’s retired grade is entitled, upon that member’s release from that tour of active duty, to placement on the retired list in the highest grade in which the member served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 689 was renumbered section 12320 of this title. Provisions similar to those in this section were contained in section 688(b) and (d) of this title prior to repeal by Pub. L. 104–201, § 521(a).

Amendments

2002—Subsecs. (a), (b), (c)(1), (d). Pub. L. 107–314 inserted “or 688a” after “section 688”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 30, 1997, see section 521(b) of Pub. L. 104–201, set out as a note under section 688 of this title. Applicability Pub. L. 107–314, div. A, title V, § 503(b)(2), Dec. 2, 2002, 116 Stat. 2531, provided that: “The provisions of section 689(d) of title 10, United States Code, shall apply with respect to an officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) before the date of the enactment of this Act [Dec. 2, 2002] in the same manner as such provisions apply to an officer ordered to active duty under section 688 of such title.”

§689 Retired members: grade in which ordered to active duty and upon release from active duty