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10 U.S.C. § 649i — Continuation on active duty: officers in
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
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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 regu-
lations regarding the administration of this sub-
chapter. The elements of such regulations shall
include mechanisms to clarify the manner in
which provisions of other subchapters of this
chapter shall be used in the administration of
this subchapter in accordance with the provi-
sions of this subchapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1748.)
CHAPTER 37—GENERAL SERVICE
REQUIREMENTS
Sec.
651.
Members: required service.
652.
Notice to Congress of proposed changes in
units, assignments, etc. to which female
members may be assigned.
653.
Minimum service requirement for certain
flight crew positions.
654.
Minimum service requirement for certain
cyberspace occupational specialties.
655.
Designation of persons having interest in sta-
tus of a missing member.
Sec.
656.
Diversity in military leadership: plan; men-
toring and career counseling program.
657.
Prohibition on service in the armed forces by
individuals convicted of certain sexual of-
fenses.
Editorial Notes
AMENDMENTS
2023—Pub. L. 118–31, div. A, title V, § 509(b), Dec. 22,
2023, 137 Stat. 243, added item 654. Amendment was
made pursuant to operation of section 102 of this title.
2021—Pub. L. 116–283, div. A, title V, § 571(a)(3)(B),
Jan. 1, 2021, 134 Stat. 3643, added item 656 and struck
out former item 656 ‘‘Diversity in military leadership:
plan’’.
2013—Pub. L. 113–66, div. A, title XVII, § 1711(a)(2),
Dec. 26, 2013, 127 Stat. 963, added item 657.
Pub. L. 112–239, div. A, title V, § 519(a)(2), Jan. 2, 2013,
126 Stat. 1721, added item 656.
2010—Pub. L. 111–321, § 2(f)(1)(B), Dec. 22, 2010, 124
Stat. 3516, struck out item 654 ‘‘Policy concerning ho-
mosexuality in the armed forces’’.
2006—Pub. L. 109–163, div. A, title V, § 541(a)(2), Jan. 6,
2006, 119 Stat. 3252, added item 652.
1996—Pub. L. 104–106, div. A, title V, § 569(d)(2), Feb.
10, 1996, 110 Stat. 352, added item 655.
1994—Pub. L. 103–337, div. A, title XVI, § 1671(b)(6),
Oct. 5, 1994, 108 Stat. 3013, struck out item 652 ‘‘Ready
Reserves: requirement of notification of change of sta-
tus’’.
1993—Pub. L. 103–160, div. A, title V, § 571(a)(2), Nov.
30, 1993, 107 Stat. 1673, added item 654.
1989—Pub. L. 101–189, div. A, title VI, § 634(a)(2), Nov.
29, 1989, 103 Stat. 1454, added item 653.
1978—Pub. L. 95–485, title IV, § 405(d)(2), Oct. 20, 1978,
92 Stat. 1616, added item 652.
1958—Pub. L. 85–861, § 33(a)(4)(A), Sept. 2, 1958, 72 Stat.
1564, substituted ‘‘GENERAL SERVICE REQUIRE-
MENTS’’ for ‘‘SERVICE REQUIREMENTS FOR RE-
SERVES’’ in chapter heading.
Statutory Notes and Related Subsidiaries
PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES
PARTICIPATING IN CRIMINAL STREET GANGS
Pub. L. 110–181, div. A, title V, § 544, Jan. 28, 2008, 122
Stat. 116, provided that: ‘‘The Secretary of Defense
shall prescribe regulations to prohibit the active par-
ticipation by members of the Armed Forces in a crimi-
nal street gang.’’
Executive Documents
EX. ORD. NO. 14004. ENABLING ALL QUALIFIED AMERICANS
TO SERVE THEIR COUNTRY IN UNIFORM
Ex. Ord. No. 14004, Jan. 25, 2021, 86 F.R. 7471, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy. All Americans who are qualified to
serve in the Armed Forces of the United States
(‘‘Armed Forces’’) should be able to serve. The All-Vol-
unteer Force thrives when it is composed of diverse
Americans who can meet the rigorous standards for
military service, and an inclusive military strengthens
our national security.
It is my conviction as Commander in Chief of the
Armed Forces that gender identity should not be a bar
to military service. Moreover, there is substantial evi-
dence that allowing transgender individuals to serve in
the military does not have any meaningful negative
impact on the Armed Forces. To that end, in 2016, a me-
ticulous, comprehensive study requested by the Depart-
ment of Defense found that enabling transgender indi-
viduals to serve openly in the United States military
would have only a minimal impact on military readi-
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 649i
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.