Browse Arkansas Code titles and sections
10 U.S.C. § 638 — Selective early retirement
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may be considered for selective early retirement by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) if the officer is described in any of subparagraphs (A) through (D) as follows:
(A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion.
(B) An officer holding the regular grade of colonel or, in the case of an officer of the Navy, captain who has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion.
(C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion.
(D) An officer holding the regular grade of major general or rear admiral who has served at least three and one-half years of active duty in that grade.
(2) The Secretary of the military department concerned shall specify the number of officers described in paragraphs (1)(A) and (1)(B) which a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 638
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 727420ec28591090c6d89b5870f09109b6427dc238e3e5ad9e4ac2bb629f4f86. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_383fa3d40d4d5000f271bdd6
Source file: Laws/federal/codes/united-states-code/title-10/section-638-selective-early-retirement--8cf4b40c2c.md
Pages: Not recorded – Not recorded
Passage SHA-256: f685b64c79619abab8b4ac0b519e603c2cf3974ef86bc4bd215310b951b754cf
Source location: Title 10, Chapter 36, § 638; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
Stored source content
**(a)**
(1) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may be considered for selective early retirement by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) if the officer is described in any of subparagraphs (A) through (D) as follows:
(A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion.
(B) An officer holding the regular grade of colonel or, in the case of an officer of the Navy, captain who has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion.
(C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion.
(D) An officer holding the regular grade of major general or rear admiral who has served at least three and one-half years of active duty in that grade.
(2) The Secretary of the military department concerned shall specify the number of officers described in paragraphs (1)(A) and (1)(B) which a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category.
(3) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may also be considered for early retirement under the circumstances prescribed in [section 638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638a&num=0&edition=prelim).
**(b)**
(1)
(A) An officer in a grade below brigadier general or rear admiral (lower half) who is recommended for early retirement under this section or [section 638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638a&num=0&edition=prelim) and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
(B) If an officer described in subparagraph (A) is not eligible for retirement under any provision of law, the officer shall be retained on active duty until the officer is qualified for retirement under section 7311, 8323, or 9311 of this title, and then be retired under that section, unless the officer is sooner retired or discharged under some other provision of law, with such retirement under that section occurring not later than the later of the following:
(i) The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section.
(ii) The first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
(2) An officer who holds the regular grade of brigadier general, major general, rear admiral (lower half), or rear admiral who is recommended for early retirement under this section and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approved the report of the board which recommended the officer for early retirement.
(3)
(A) The Secretary concerned may defer for not more than three months the retirement of an officer otherwise approved for early retirement under this section or [section 638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638a&num=0&edition=prelim) in order to prevent a personal hardship to the officer or for other humanitarian reasons. Any such deferral shall be made on a case-by-case basis considering the circumstances of the case of the particular officer concerned. The authority of the Secretary to grant such a deferral may not be delegated.
(B) An officer recommended for early retirement under paragraph (1)(A) or [section 638a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638a&num=0&edition=prelim), if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
(C) The Secretary concerned may defer the retirement of an officer otherwise approved for early retirement under paragraph (1)(B), but in no case later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
(D) An officer recommended for early retirement under paragraph (2), if approved for deferral under subparagraph (A), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the thirteenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.
**(c)** So long as an officer in a grade below brigadier general or rear admiral (lower half) holds the same grade, he may not be considered for early retirement under this section more than once in any five-year period.
**(d)** The retirement of an officer pursuant to this section shall be considered to be an involuntary retirement for purposes of any other provision of law.
**(e)**
(1) The Secretary of Defense shall prescribe regulations for the administration of this section.
(2)
(A) Such regulations shall require that when the Secretary of the military department concerned submits a list of officers to a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) to consider officers for selection for early retirement under this section, such list (except as provided in subparagraph (B)) shall include each officer on the active-duty list in the same grade and competitive category whose position on the active-duty list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board.
(B) A list under subparagraph (A) may not include an officer in that grade and competitive category (i) who has been approved for voluntary retirement under section 7311, 8323, or 9311 of this title, or (ii) who is to be involuntarily retired under any provision of law during the fiscal year in which the selection board is convened or during the following fiscal year.
(C) An officer not considered by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) by reason of subparagraph (B) shall be retired on the date approved for the retirement of that officer as of the convening date of such selection board unless the Secretary concerned approves a modification of such date in order to prevent a personal hardship for the officer or for other humanitarian reasons.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary of Defense may authorize the Secretary of a military department to take any of the actions set forth in subsection (b) with respect to officers of an armed force under the jurisdiction of that Secretary.
(2) Any authority provided to the Secretary of a military department under paragraph (1) shall expire on the date specified by the Secretary of Defense, but such expiration date may not be later than December 31, 2030.
**(b)** Actions which the Secretary of a military department may take with respect to officers of an armed force when authorized to do so under subsection (a) are the following:
(1) Shortening the period of the continuation on active duty established under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) for a regular officer who is serving on active duty pursuant to a selection under that section for continuation on active duty.
(2) Providing that regular officers on the active-duty list may be considered for early retirement by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) in the case of officers described in any of subparagraphs (A) through (C) as follows:
(A) Officers in the regular grade of lieutenant colonel or commander who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion.
(B) Officers in the regular grade of colonel or, in the case of the Navy, captain who have served on active duty in that grade for at least two years and whose names are not on a list of officers recommended for promotion.
(C) Officers, other than those described
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 638a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
**(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 611
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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) An officer who retired under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim) by a board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) and before being considered by that board, requested retirement under section 7311, 8323, or 9311 of this title;
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 688
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 624
TITLE 10—ARMED FORCES
§ 637a
Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as
an Effective Date of 1980 Amendment note under sec-
tion 101 of this title.
TRANSITION PROVISIONS UNDER DEFENSE OFFICER
PERSONNEL MANAGEMENT ACT
For provisions to prevent extinction or premature
termination of rights, duties, penalties, or proceedings
that existed or were begun prior to the effective date of
Pub. L. 96–513 and otherwise to allow for an orderly
transition to the system of officer personnel manage-
ment put in place under Pub. L. 96–513, see section 601
et seq. of Pub. L. 96–513, set out as a note under section
611 of this title.
§ 637a. Continuation on active duty: officers in
certain military specialties and career tracks
(a) IN GENERAL.—The Secretary of the mili-
tary department concerned may authorize an of-
ficer in a grade above grade O–2 to remain on ac-
tive duty after the date otherwise provided for
the separation or retirement of the officer in
section 632, 633, 634, 635, or 636 of this title, as ap-
plicable, if the officer has a military occupa-
tional specialty, rating, or specialty code in a
military specialty designated pursuant to sub-
section (b).
(b) MILITARY SPECIALTIES.—Each Secretary of
a military department shall designate the mili-
tary specialties in which a military occupa-
tional specialty, rating, or specialty code, as ap-
plicable, assigned to members of the armed
forces under the jurisdiction of such Secretary
authorizes the members to be eligible for con-
tinuation on active duty as provided in sub-
section (a).
(c) DURATION
OF
CONTINUATION.—An officer
continued on active duty pursuant to this sec-
tion shall, if not earlier retired, be retired on
the first day of the month after the month in
which the o
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 638
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.