10 U.S.C. § 637a — Continuation on active duty: officers in

Page 624 TITLE 10—ARMED FORCES § 637a Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. § 637a. Continuation on active duty: officers in certain military specialties and career tracks (a) IN GENERAL.—The Secretary of the mili- tary department concerned may authorize an of- ficer in a grade above grade O–2 to remain on ac- tive 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 ap- plicable, if the officer has a military occupa- tional specialty, rating, or specialty code in a military specialty designated pursuant to sub- section (b). (b) MILITARY SPECIALTIES.—Each Secretary of a military department shall designate the mili- tary specialties in which a military occupa- tional specialty, rating, or specialty code, as ap- plicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for con- tinuation on active duty as provided in sub- section (a). (c) DURATION OF CONTINUATION.—An officer continued on active duty pursuant to this sec- tion 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 mili- tary 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 mili- tary specialties for purposes of subsection (b). (Added Pub. L. 114–328, div. A, title V, § 505(a)(1), Dec. 23, 2016, 130 Stat. 2107; amended Pub. L. 115–232, div. A, title V, § 506, title X, § 1081(a)(8), Aug. 13, 2018, 132 Stat. 1743, 1983; Pub. L. 116–92, div. A, title V, § 504, Dec. 20, 2019, 133 Stat. 1345.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 inserted ‘‘separation or’’ after ‘‘provided for the’’. 2018—Subsec. (a). Pub. L. 115–232, § 506, substituted ‘‘grade O–2’’ for ‘‘grade O–4’’ and inserted ‘‘632,’’ before ‘‘633,’’. Subsec. (d). Pub. L. 115–232, § 1081(a)(8), substituted ‘‘specialties’’ for ‘‘specialities’’. § 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 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 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 category. (3) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may also be considered for early re- tirement under the circumstances prescribed in section 638a of this title. (b)(1)(A) An officer in a grade below brigadier general or rear admiral (lower half) who is rec- ommended for early retirement under this sec- tion or section 638a of this title and whose early retirement is approved by the Secretary con- cerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Sec- retary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Sec- retary concerned approves the report of the board which recommended the officer for early retirement. (B) If an officer described in subparagraph (A) is not eligible for retirement under any provi- sion of law, the officer shall be retained on ac- tive duty until the officer is qualified for retire- ment under section 7311, 8323, or 9311 of this title, and then be retired under that section, un- less the officer is sooner retired or discharged under some other provision of law, with such re- tirement under that section occurring not later than the later of the following: (i) The first day of the month beginning after the month in which the officer becomes qualified for retirement under that section. (ii) The first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.