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10 U.S.C. § 649i — Continuation on active duty: officers in certain military specialties and career tracks
Federal law — U.S. Code and appendices · legal_authorities
In addition to continuation on active duty provided for in [section 649h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section649h&num=0&edition=prelim), an officer to whom [section 637a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637a&num=0&edition=prelim) applies may be continued on active duty in accordance with the provisions of such section 637a.
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Stable record: federal_law:legal_authorities:record_usc_8b6fbaac355e1ea86f83ac02
Source file: Laws/federal/codes/united-states-code/title-10/section-649i-continuation-on-active-duty-officers-in-certain-military-specialties-and--074b572a52.md
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Source location: Title 10, Chapter 36, § 649i; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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In addition to continuation on active duty provided for in [section 649h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section649h&num=0&edition=prelim), an officer to whom [section 637a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637a&num=0&edition=prelim) applies may be continued on active duty in accordance with the provisions of such section 637a.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section 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).
**(b) Identification of Positions for Officers Continued on Active Duty.—**
(1) **In general.—** — Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.
(2) **Identification.—** — Before convening a selection board pursuant to [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.
**(c) Recommendation for Continuation.—** A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.
**(d) Approval of Secretary of Military Department.—** Continuation of an officer on active duty under this sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 649h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active 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 applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).
**(b) Military Specialties.—** Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).
**(c) Duration of Continuation.—** An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.
**(d) Regulations.—** The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 637a
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Federal law — U.S. Code and appendices · legal_authorities
Page 636
TITLE 10—ARMED FORCES
§ 649i
(2) if eligible for retirement under another
other provision of law, be retired under that
law on the first day of the first month fol-
lowing the month in which the officer com-
pletes the term of continued service.
(h) TREATMENT
OF
DISCHARGE
OR
RETIRE-
MENT.—The discharge or retirement of an officer
pursuant to this section shall be considered to
be an involuntary discharge or retirement for
purposes of any other provision of law.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1747.)
§ 649i. Continuation on active duty: officers in
certain military specialties and career tracks
In addition to continuation on active duty
provided for in section 649h of this title, an offi-
cer to whom section 637a of this title applies
may be continued on active duty in accordance
with the provisions of such section 637a.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1748.)
§ 649j. Other administrative authorities
The following provisions of this title shall
apply to officers in competitive categories of of-
ficers designated for purposes of this subchapter:
(1) Section 638b, relating to voluntary retire-
ment incentives.
(2) Section 639, relating to continuation on
active duty to complete disciplinary action.
(3) Section 640, relating to deferment of re-
tirement or separation for medical reasons.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1748; amended Pub. L.
116–92, div. A, title XVII, § 1731(a)(18), Dec. 20,
2019, 133 Stat. 1813.)
Editorial Notes
AMENDMENTS
2019—Pub. L. 116–92 struck out ‘‘(a) IN GENERAL.—’’
before ‘‘The’’ in introductory provisions.
§ 649k. Regulations
The Secretary of Defense shall prescribe re
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 649i
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