Title 10, Armed ForcesRelease 119-102
§12737 Limitation on Active Duty
Title 10 › Subtitle E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1223 — RETIRED PAY FOR NON-REGULAR SERVICE › § 12737
Summary
No member of the armed forces can be sent to active duty just to make them eligible for retired pay under this chapter.
Full Legal Text
Title 10, §12737
Armed Forces, Source: USLM XML via OLRC
A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 133710:1036h.34:440p.June 29, 1948, ch. 708, § 309, 62 Stat. 1090. 10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.
Editorial Notes
Amendments
1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an
Effective Date
note under section 10001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12737
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102