Title 10Armed ForcesRelease 119-73not60

§688 Retired Members: Authority to Order to Active Duty; Duties

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 39— ACTIVE DUTY › § 688

Last updated Apr 3, 2026|Official source

Summary

The Secretary of each military branch can call certain retired members back to active duty any time, if the Secretary of Defense sets the rules for doing so. Eligible people include retired Regular members of the Army, Navy, Air Force, or Marine Corps; certain Retired Reserve members retired under sections 1293, 7311, 7314, 8323, 9311, or 9314; members of the Fleet Reserve or Fleet Marine Corps Reserve; and retired Space Force members. The Secretary can assign them whatever duties are needed for national defense, as allowed by other laws. Officers who retired under section 638, or who asked to retire under sections 7311, 8323, or 9311 after being told they might face early retirement under section 638, cannot be called back. A called-back member normally may not serve more than 12 months during the 24 months after their first day back. That 12-month limit does not apply to chaplains, certain health‑care professionals (as the Secretary defines), officers assigned to the American Battle Monuments Commission, or defense/service attachés. The exclusions and the 12-month limit do not apply in time of war or in a national emergency declared by Congress or the President.

Full Legal Text

Title 10, §688

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)The following officers may not be ordered to active duty under this section:
(1)An officer who retired under section 638 of this title.
(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)(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)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 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60