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10 U.S.C. § 689 — Retired members: grade in which ordered to active duty and upon release from active duty
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section690&num=0&edition=prelim) 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 pla
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Stable record: federal_law:legal_authorities:record_usc_aa27a1c14a98f09181d5f0d0
Source file: Laws/federal/codes/united-states-code/title-10/section-689-retired-members-grade-in-which-ordered-to-active-duty-and-upon-release-f--32b7201e9f.md
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Passage SHA-256: 03edfe26f013beb50bf97696c2ece95a7cbc5f997d42012cc1027ac65cccbe18
Source location: Title 10, Chapter 39, § 689; chapter-039-active-duty.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section690&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section688&num=0&edition=prelim).
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 690
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Federal law — U.S. Code and appendices · legal_authorities
A reserve officer who is ordered to active duty or full-time National Guard duty shall be ordered to active duty or full-time National Guard duty in his reserve grade, except that a reserve officer who is credited with service under [section 12207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim) and is ordered to active duty and placed on the active-duty list may be ordered to active duty in a reserve grade and with a date of rank and position on the active-duty list determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12320
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) 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Members in a Space Force Active Status.—**
(1) A member of the Space Force in a space force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member.
(2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a space force active status when ordered to active duty under paragraph (1).
(3) The provisions of [section 12304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12304&num=0&edition=prelim) pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of [section 20102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20102/b&num=0&edition=prelim).
**(b) Members in a Space Force Inactive Status.—**
(1) A member of the Space Force in a space force inactive status may be ordered to active duty under—
(A) the provisions of chapter 1209 of this title;
(B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and
(C) the terms of any agreement entered into by the member under [section 20103 of this title](https://uscode.house.g
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20106
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Federal law — U.S. Code and appendices · legal_authorities
Page 658
TITLE 10—ARMED FORCES
§ 689
(g) HIGH-DEMAND, LOW-DENSITY MILITARY CA-
PABILITY DEFINED.—In this section, the term
‘‘high-demand, low-density military capability’’
means a combat, combat support or service sup-
port capability, unit, system, or occupational
specialty that the Secretary of Defense deter-
mines has funding, equipment, or personnel lev-
els that are substantially below the levels re-
quired to fully meet or sustain actual or ex-
pected operational requirements set by regional
commanders.
(Added Pub. L. 107–314, div. A, title V, § 503(a)(1),
Dec. 2, 2002, 116 Stat. 2530; amended Pub. L.
109–364, div. A, title VI, § 621(b), (d)(2)(A), Oct. 17,
2006, 120 Stat. 2254, 2255; Pub. L. 111–383, div. A,
title V, § 531(a), Jan. 7, 2011, 124 Stat. 4215; Pub.
L. 115–91, div. A, title V, § 527, Dec. 12, 2017, 131
Stat. 1383; Pub. L. 116–283, div. A, title V, § 511,
Jan. 1, 2021, 134 Stat. 3587; Pub. L. 118–31, div. A,
title V, § 521(a), Dec. 22, 2023, 137 Stat. 249.)
Editorial Notes
AMENDMENTS
2023—Pub. L. 118–31, § 521(a)(1), substituted ‘‘Author-
ity’’ for ‘‘Retired members: temporary authority’’ in
section catchline.
Subsecs. (f) to (h). Pub. L. 118–31, § 521(a)(2)–(4), redes-
ignated subsecs. (g) and (h) as (f) and (g), respectively,
substituted ‘‘limitation in subsection (c)’’ for ‘‘limita-
tions in subsections (c) and (f)’’ in subsec. (f), and
struck out former subsec. (f) which related to expira-
tion of authority under this section.
2021—Subsecs. (g), (h). Pub. L. 116–283 added subsec.
(g) and redesignated former subsec. (g) as (h).
2017—Subsec. (f). Pub. L. 115–91 substituted ‘‘outside a
period as follows:’’ for ‘‘after December 31, 2011.’’ and
added pars. (1) and (2).
2011—Subsec. (f). Pub. L. 111–383 substituted ‘‘Decem-
ber 3
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 689
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.