Title 10, Armed ForcesRelease 119-102
§639 Continuation on Active Duty to Complete Disciplinary Action
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 › § 639
Summary
The Secretary of the officer’s military department can delay that officer’s separation or retirement if the officer is being tried by court-martial. That delay does not stop or prevent the court-martial from going forward.
Full Legal Text
Title 10, §639
Armed Forces, Source: USLM XML via OLRC
When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe
Regulations
under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an
Effective Date
of 1980 Amendment note under section 101 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 639
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102