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10 U.S.C. § 690 — Retired members ordered to active duty: limitation on number

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 690 — Retired members ordered to active duty: limitation on number

**(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.

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Stable record: federal_law:legal_authorities:record_usc_b599c60abc8d155842ccdfb6
Source file: Laws/federal/codes/united-states-code/title-10/section-690-retired-members-ordered-to-active-duty-limitation-on-number--be6b486dc3.md
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Source location: Title 10, Chapter 39, § 690; chapter-039-active-duty.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12321 — Reserve Officer Training Corps units: limitation on number of Reserves assigned

The number of members of the reserve components serving on active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components who are assigned to duty with a unit of the Reserve Officer Training Corps program may not exceed 275.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 688 — Retired members: authority to order to active duty; duties

**(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;

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 689 — Retired members: grade in which ordered to active duty and upon release from active duty

**(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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 690 — Retired members ordered to active duty:

Page 659 TITLE 10—ARMED FORCES [§ 691 Provisions similar to those in this section were con- tained in section 688(b) and (d) of this title prior to re- peal by Pub. L. 104–201, § 521(a). AMENDMENTS 2002—Subsecs. (a), (b), (c)(1), (d). Pub. L. 107–314 in- serted ‘‘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 sec- tion 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.’’ § 690. Retired members ordered to active duty: limitation on number (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 or- dered 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 serv- ing on active duty concurrently pursuant to or- ders 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

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