Title 10, Armed ForcesRelease 119-110
§688 Retired Members: Authority to Order to Active Duty; Duties
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 39 — ACTIVE DUTY › § 688
Summary
Under rules set by the Secretary of Defense, certain retired service members can be ordered back to active duty at any time by the Secretary of their military department. The Secretary can assign them whatever duties are needed for national defense, as long as other laws allow it. This applies to retired regular members, many retired reserve members, Fleet Reserve members, and retired Space Force members, but not officers retired under the selective early retirement rules or those who took an early retirement instead of being considered for it. A recalled member generally cannot serve more than 12 months in any 24‑month period, except for chaplains, health care professionals, officers serving with the American Battle Monuments Commission, or defense/service attachés. The exclusions and the 12‑month limit do not apply during a war or a national emergency declared by Congress or the President.
Full Legal Text
Title 10, §688
Armed Forces, Source: USLM XML via OLRC
(a)Authority.—
Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time.
(b)Covered Members.—
Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces:
(1)A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps.
(2)A member of the Retired Reserve who was retired under section 1293, 7311, 7314, 8323, 9311, or 9314 of this title.
(3)A member of the Fleet Reserve or Fleet Marine Corps Reserve.
(4)A retired member of the Space Force.
(c)Duties of Member Ordered to Active Duty.—
The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense.
(d)Exclusion of Officers Retired on Selective Early Retirement Basis.—
The following officers may not be ordered to active duty under this section: (1)
(2)An officer who—
(A)after having been notified that the officer was to be considered for early retirement under section 638 of this title by a board convened under section 611(b) of this title and before being considered by that board, requested retirement under section 7311, 8323, or 9311 of this title; and
(B)was retired pursuant to that request.
(e)Limitation of Period of Recall Service.—
(1)A member ordered to active duty under subsection (a) may not serve on active duty pursuant to orders under that subsection for more than 12 months within the 24 months following the first day of the active duty to which ordered under that subsection.
(2)Paragraph (1) does not apply to the following officers:
(A)A chaplain who is assigned to duty as a chaplain for the period of active duty to which ordered.
(B)A health care professional (as characterized by the Secretary concerned) who is assigned to duty as a health care professional for the period of active duty to which ordered.
(C)An officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.
(D)An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.
(f)Waiver for Periods of War or National Emergency.—
Subsections (d) and (e) do not apply in time of war or of national emergency declared by Congress or the President.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 688, added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98–94, title X, § 1017(b)(1)–(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99–145, title V, § 516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102–190, div. A, title V, § 506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L. 103–160, div. A, title V, § 563, Nov. 30, 1993, 107 Stat. 1669, provided that certain retired members of the armed forces could be ordered to active duty, prior to repeal by Pub. L. 104–201, div. A, title V, § 521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517, effective Sept. 30, 1997. See sections 688 to 690 of this title.
Amendments
2023—Subsec. (b)(1). Pub. L. 118–31, § 1719A(b)(1)(A), substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force”. Subsec. (b)(4). Pub. L. 118–31, § 1719A(b)(1)(B), added par. (4). 2021—Subsec. (b)(1). Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”. 2018—Subsec. (b)(2). Pub. L. 115–232 substituted “section 1293, 7311, 7314, 8323, 9311, or 9314” for “section 1293, 3911, 3914, 6323, 8911, or 8914”. Subsec. (d)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”. 2001—Subsec. (e)(2)(D). Pub. L. 107–107 added subpar. (D). 1997—Subsec. (e). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 2001 Amendment Pub. L. 107–107, div. A, title V, § 509(c), Dec. 28, 2001, 115 Stat. 1091, provided that: “The
Amendments
made by subsections (a) and (b) [amending this section and section 690 of this title] shall apply with respect to officers serving on active duty as a defense attaché or service attaché on or after the date of the enactment of this Act [Dec. 28, 2001].”
Effective Date
Pub. L. 104–201, div. A, title V, § 521(b), Sept. 23, 1996, 110 Stat. 2517, provided that: “The
Amendments
made by this section [enacting this section and section 689 and 690 of this title, amending section 6151 of this title, and repealing former section 688 of this title] shall take effect on September 30, 1997.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 688
Title 10, Armed Forces
Last Updated
Sep 22, 2026
Release point: 119-110