Title 10, Armed ForcesRelease 119-110

§690 Retired Members Ordered to Active Duty: Limitation on Number

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 39 — ACTIVE DUTY › § 690

Last updated Sep 22, 2026|Official source

Summary

No more than 15 retired generals from the Army, Air Force, Marine Corps, or Space Force, and no more than 15 retired flag officers from the Navy, may be on active duty at the same time. A retired officer ordered back for 60 days or less does not count toward those limits. Also, no more than 25 retired officers from any single service may be on active duty at once under orders under section 688. Certain people do not count toward that 25 while serving in their assigned role (for example, chaplains on chaplain duty, health-care professionals on health duty, officers with the American Battle Monuments Commission, Retiree Council members at their annual meeting, and defense or service attachés). The 15-officer rule is suspended in wartime or during a national emergency declared by Congress or the President after November 30, 1980, and the 25-officer rule is suspended in wartime or during a national emergency declared by Congress or the President.

Full Legal Text

Title 10, §690

Armed Forces, Source: USLM XML via OLRC

(a)General and Flag Officers.—
Not more than 15 retired general officers of the Army, Air Force, Marine Corps, or Space Force, and not more than 15 retired flag officers of the Navy, may be on active duty at any one time. For the purposes of this subsection a retired officer ordered to active duty for a period of 60 days or less is not counted.
(b)Limitation by Service.—
(1)Not more than 25 officers of any one armed force may be serving on active duty concurrently pursuant to orders to active duty issued under section 688 of this title.
(2)In the administration of paragraph (1), the following officers shall not be counted:
(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 the active duty to which ordered.
(C)Any officer assigned to duty with the American Battle Monuments Commission for the period of active duty to which ordered.
(D)Any member of the Retiree Council of the Army, Navy, or Air Force for the period on active duty to attend the annual meeting of the Retiree Council.
(E)An officer who is assigned to duty as a defense attaché or service attaché for the period of active duty to which ordered.
(c)Waiver for Periods of War or National Emergency.—
Subsection (a) does not apply in time of war or of national emergency declared by Congress or the President after November 30, 1980. Subsection (b) does 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 690 was renumbered section 12321 of this title. Provisions similar to those in subsecs. (a) and (c) of this section were contained in section 688(c) of this title prior to repeal by Pub. L. 104–201, § 521(a).

Amendments

2023—Subsec. (a). Pub. L. 118–31 substituted “Marine Corps, or Space Force,” for “or Marine Corps,”. 2001—Subsec. (b)(2)(E). Pub. L. 107–107 added subpar. (E). 1999—Subsec. (b)(2)(D). Pub. L. 106–65 added subpar. (D).

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 AmendmentAmendment by Pub. L. 107–107 applicable with respect to officers serving on active duty as a defense attaché or service attaché on or after Dec. 28, 2001, see section 509(c) of Pub. L. 107–107, set out as a note under section 688 of this title.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 690

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110