PRIA, Government Policy, Made Personal

Summary

A retired member called back to active duty under section 688 or 688a must go back in the same rank they retired in, unless a few exceptions apply. If the retiree left service in an O‑9 or O‑10 rank (above major general or rear admiral), they return in the highest permanent rank they once held on active duty. If the retiree once served satisfactorily in a higher rank than their retired rank, the service secretary can order them in that higher rank, but not above major general or rear admiral. If ordered at the higher rank, they are treated as if promoted for retirement-pay rules. If, after the tour, the secretary finds their service in the higher rank satisfactory for at least 36 months, they can be placed on the retired list in that higher rank. Separately, if they are promoted while on that tour and serve satisfactorily in that rank for at least 6 months, they can be placed on the retired list in the highest rank they held satisfactorily.

Title 10, §689

Armed Forces, Source: USLM XML via OLRC

(a)General Rule for Grade in Which Ordered to Active Duty.—

Except as provided in subsections (b) and (c), a retired member ordered to active duty under section 688 or 688a of this title shall be ordered to active duty in the member’s retired grade.

(b)Members Retired in O–9 and O–10 Grades.—

A retired member ordered to active duty under section 688 or 688a of this title whose retired grade is above the grade of major general or rear admiral shall be ordered to active duty in the highest permanent grade held by such member while serving on active duty.

(c)Members Who Previously Served in Grade Higher Than Retired Grade.—

(1)A retired member ordered to active duty under section 688 or 688a of this title who has previously served on active duty satisfactorily, as determined by the Secretary of the military department concerned, in a grade higher than that member’s retired grade may be ordered to active duty in the highest grade in which the member had so served satisfactorily, except that such a member may not be so ordered to active duty in a grade above major general or rear admiral.

(2)A retired member ordered to active duty in a grade that is higher than the member’s retired grade pursuant to subsection (a) shall be treated for purposes of section 690 of this title as if the member was promoted to that higher grade while on that tour of active duty.

(3)If, upon being released from that tour of active duty, such a retired member has served on active duty satisfactorily, as determined by the Secretary concerned, for not less than a total of 36 months in a grade that is a higher grade than the member’s retired grade, the member is entitled to placement on the retired list in that grade.

(d)Grade Upon Release From Active Duty.—

A member ordered to active duty under section 688 or 688a of this title who, while on active duty, is promoted to a grade that is higher than that member’s retired grade is entitled, upon that member’s release from that tour of active duty, to placement on the retired list in the highest grade in which the member served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 689 was renumbered section 12320 of this title. Provisions similar to those in this section were contained in section 688(b) and (d) of this title prior to repeal by Pub. L. 104–201, § 521(a).

Amendments

2002—Subsecs. (a), (b), (c)(1), (d). Pub. L. 107–314 inserted “or 688a” after “section 688”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 30, 1997, see section 521(b) of Pub. L. 104–201, set out as a note under section 688 of this title. Applicability Pub. L. 107–314, div. A, title V, § 503(b)(2), Dec. 2, 2002, 116 Stat. 2531, provided that: “The provisions of section 689(d) of title 10, United States Code, shall apply with respect to an officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) before the date of the enactment of this Act [Dec. 2, 2002] in the same manner as such provisions apply to an officer ordered to active duty under section 688 of such title.”

§689 Retired Members: Grade in Which Ordered to Active Duty and Upon Release From Active Duty