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10 U.S.C. § 638a — Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges

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

10 U.S.C. § 638a — Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges

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Stable record: federal_law:legal_authorities:record_usc_bfc0bb14857b3e58a18eacee
Source file: Laws/federal/codes/united-states-code/title-10/section-638a-modification-to-rules-for-continuation-on-active-duty-enhanced-authority--ec8b3a1e9f.md
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Passage SHA-256: da8db166a4e488292d1a35c3af81abfa2ded8ccb5032edbfbd6ff2016c6e8c7b

Source location: Title 10, Chapter 36, § 638a; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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**(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 in subparagraphs (A) and (B), holding a regular grade below the grade of colonel, or in the case of the Navy, captain, who are eligible for retirement under section 7311, 8323, or 9311 of this title, or who after two additional years or less of active service would be eligible for retirement under one of those sections and whose names are not on a list of officers recommended for promotion. (3) Convening selection boards 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 for discharge regular officers on the active-duty list in a grade below lieutenant colonel or commander— (A) who have served at least one year of active duty in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993) and are not within two years of becoming so eligible. (4) Convening selection boards 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 for early retirement or discharge regular officers on the active-duty list in a grade below lieutenant colonel or commander— (A) who have served at least one year of active duty in the grade currently held; and (B) whose names are not on a list of officers recommended for promotion. **(c)** (1) In the case of an action under subsection (b)(2), the total number of officers described in that subsection that 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) pursuant to the authority of that subsection may recommend for early retirement may not be more than 30 percent of the number of officers considered in each grade in each competitive category. (2) In the case of an action authorized under subsection (b)(2), the Secretary of Defense may also authorize the Secretary of the military department concerned when convening a selection board 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 regular officers on the active-duty list for early retirement to include within the officers to be considered by the board reserve officers on the active-duty list on the same basis as regular officers. (3) In the case of an action under subsection (b)(2), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— (A) the names of all eligible officers described in that subsection in a particular grade and competitive category; or (B) the names of all eligible officers described in that subsection in a particular grade and competitive category who are also in particular year groups, specialties, or retirement categories, or any combination thereof, within that competitive category. (4) In the case of an action under subsection (b)(2), the Secretary of Defense may also authorize the Secretary of the military department concerned to waive the five-year period specified in [section 638(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638/c&num=0&edition=prelim) if the Secretary of Defense determines that it is necessary for the Secretary of that military department to have such authority in order to meet mission needs. **(d)** (1) In the case of an action under subsection (b)(3), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— (A) the names of all officers described in that subsection in a particular grade and competitive category; or (B) the names of all officers described in that subsection in a particular grade and competitive category who also are in particular year groups or specialties, or both, within that competitive category. (2) The total number of officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(3) may not be more than 30 percent of the number of officers considered. (3) An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(3) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned. (4) Selection of officers for discharge under this subsection shall be based on the needs of the service. **(e)** (1) In the case of action under subsection (b)(4), the Secretary of the military department concerned shall specify the total number of officers described in that subsection that 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) pursuant to the authority of that subsection may recommend for early retirement or discharge. Officers who are eligible, or are within two years of becoming eligible, to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484)), if selected by the board, shall be retired or retained until becoming eligible to retire under section 7311, 8323, or 9311 of this title, and those officers who are otherwise ineligible to retire under any provision of law shall, if selected by the board, be discharged. (2) In the case of action under subsection (b)(4), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection— (A) the names of all eligible officers described in that subsection, whether or not they are eligible to be retired under any provision of law, in a particular grade and competitive category; or (B) the names of all eligible officers described in that subsection in a particular grade and competitive category, whether or not they are eligible to be retired under any provision of law, who are also in particular year groups, specialties, or retirement categories, or any combination thereof, with that competitive category. (3) The number of officers specified under paragraph (1) may not be more than 30 percent of the number of officers considered. (4) An officer who is recommended for discharge by a selection board convened pursuant to the authority of subsection (b)(4) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned. (5) Selection of officers for discharge under this subsection shall be based on the needs of the service. **(f)** The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law.

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

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

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

10 U.S.C. § 637 — Selection of regular officers for continuation on active duty

**(a)** (1) An officer subject to discharge or retirement in accordance with [section 632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section632&num=0&edition=prelim) may, subject to the needs of the service, be continued on active duty if he is selected for continuation on active duty 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). (2) An officer who holds the regular grade of captain in the Army, Air Force, Marine Corps, or Space Force, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with [section 632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section632&num=0&edition=prelim) may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of active commissioned service unless he is promoted to the regular grade of major or lieutenant commander, respectively. (3) An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with [section 632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section632&num=0&edition=prelim) may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 24 years of active commissioned service unless he is promoted to the regular grade of lieutenant colonel or commander, respectively. (4) An officer who is selected for continuation on active duty under this subsection but declines to continue on active duty shall be d

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 637

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

10 U.S.C. § 1293 — Twenty years or more: warrant officers

The Secretary concerned may, upon the warrant officer’s request, retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1293

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

10 U.S.C. § 638 — Selective early retirement

**(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

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

10 U.S.C. § 638a — Modification to rules for continuation on

Page 626 TITLE 10—ARMED FORCES § 638a under that section, unless he is sooner retired or dis- charged under some other provision of law.’’ Subsec. (b)(3). Pub. L. 113–291, § 502(b)(2), designated existing provisions as subpar. (A), substituted ‘‘three months’’ for ‘‘90 days’’, and added subpars. (B) to (D). 1996—Subsec. (b)(3). Pub. L. 104–106 added par. (3). 1993—Subsec. (e)(2)(B). Pub. L. 103–160 inserted ‘‘(i)’’ after ‘‘grade and competitive category’’, inserted ‘‘(ii)’’ after ‘‘of this title, or’’, and struck out comma after ‘‘any provision of law’’. 1991—Subsec. (e). Pub. L. 102–190 designated existing provisions as pars. (1) and (2)(A), in par. (2)(A) inserted ‘‘(except as provided in subparagraph (B))’’ after ‘‘under this section, such list’’, and added subpars. (B) and (C). 1990—Subsec. (a)(3). Pub. L. 101–510, § 521(b)(2)(A), added par. (3). Subsec. (b)(1). Pub. L. 101–510, § 521(b)(2)(B), inserted ‘‘or section 638a of this title’’ after ‘‘under this sec- tion’’. 1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps— ‘‘(1) who holds the regular grade of lieutenant colo- nel or commander and has failed of selection for pro- motion 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; ‘‘(2) who holds the regular grade of colonel or, in the case of an officer of the Navy, captain and has served at least four years of active duty in that grade and whose name is not on a list of officers rec- ommended for promotion; ‘‘(3) who holds the regular grade of brigadier gen- eral or rear ad

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 638a

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