10 U.S.C. § 637a: Continuation on active duty…

§637a Continuation on Active Duty: Officers in Certain Military Specialties and Career Tracks

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 36 — PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › SUBCHAPTER IV — CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT › § 637a

Last updated Sep 22, 2026|Official source

Summary

Military department heads can let an officer above grade O–2 stay on active duty past the separation or retirement date under sections 632, 633, 634, 635, or 636 if the officer’s job code (MOS, rating, or specialty code) is in a specialty the department names. Each department must list which specialties count. An officer kept this way must be retired on the first day of the month after they complete 40 years of active service, unless retired earlier. The departments must follow rules made by the Secretary of Defense, and those rules must explain how to pick the qualifying specialties.

Title 10, §637a

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the separation or retirement of the officer in section 632, 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).

(b)Military Specialties.—

Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).

(c)Duration of Continuation.—

An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

(d)Regulations.—

The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted “separation or” after “provided for the”. 2018—Subsec. (a). Pub. L. 115–232, § 506, substituted “grade O–2” for “grade O–4” and inserted “632,” before “633,”. Subsec. (d). Pub. L. 115–232, § 1081(a)(8), substituted “specialties” for “specialities”.