10 U.S.C. § 689 — Retired members: grade in which ordered

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 31, 2011’’ for ‘‘December 31, 2010’’. 2006—Pub. L. 109–364, § 621(d)(2)(A), substituted ‘‘Re- tired members: temporary authority to order to active duty in high-demand, low-density assignments’’ for ‘‘Retired aviators: temporary authority to order to ac- tive duty’’ in section catchline. Subsec. (a). Pub. L. 109–364, § 621(b)(1), in first sen- tence, substituted ‘‘The Secretary of a military depart- ment may order to active duty a retired member who agrees to serve on active duty in an assignment in- tended to alleviate a high-demand, low-density mili- tary capability or in any other specialty designated by the Secretary as critical to meet wartime or peacetime requirements’’ for ‘‘The Secretary of a military depart- ment may order to active duty a retired officer having expertise as an aviator to fill staff positions normally filled by aviators on active duty’’ and, in second sen- tence, substituted ‘‘member’’ for ‘‘officer’’ in two places. Subsec. (b). Pub. L. 109–364, § 621(b)(2), substituted ‘‘a member’’ for ‘‘an officer’’. Subsec. (c). Pub. L. 109–364, § 621(b)(3), substituted ‘‘1,000 members’’ for ‘‘500 officers’’. Subsec. (d). Pub. L. 109–364, § 621(b)(4), substituted ‘‘member to active duty under’’ for ‘‘officer to active duty under’’. Subsec. (e). Pub. L. 109–364, § 621(b)(5), substituted ‘‘Retired members’’ for ‘‘Officers’’. Subsec. (f). Pub. L. 109–364, § 621(b)(6), substituted ‘‘A retired member’’ for ‘‘An officer’’ and ‘‘December 31, 2010’’ for ‘‘September 30, 2008’’. Subsec. (g). Pub. L. 109–364, § 621(b)(7), added subsec. (g). Statutory Notes and Related Subsidiaries TRANSITION PROVISION Pub. L. 107–314, div. A, title V, § 503(c), Dec. 2, 2002, 116 Stat. 2531, provided that: ‘‘Any officer ordered to active duty under section 501 of the National Defense Author- ization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) who continues on active duty under such order to active duty after the date of the enactment of this Act [Dec. 2, 2002] shall be counted for purposes of the limitation under subsection (c) of section 688a of title 10, United States Code, as added by subsection (a).’’ § 689. Retired members: grade in which ordered to active duty and upon release from active duty (a) GENERAL RULE FOR GRADE IN WHICH OR- DERED 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 mem- ber’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 re- tired member ordered to active duty under sec- tion 688 or 688a of this title who has previously served on active duty satisfactorily, as deter- mined by the Secretary of the military depart- ment 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 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 ac- tive 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 enti- tled 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 ac- tive duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months. (Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 107–314, div. A, title V, § 503(b)(1), Dec. 2, 2002, 116 Stat. 2531.) Editorial Notes PRIOR PROVISIONS A prior section 689 was renumbered section 12320 of this title. 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 the period of active duty to which ordered. (B) A health care professional (as character- ized by the Secretary concerned) who is as- signed 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 attache´ or service attache´ for the pe- riod 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 Con- gress or the President. (Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 106–65, div. A, title V, § 507, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, title V, § 509(b), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 118–31, div. A, title XVII, § 1741(b)(1), Dec. 22, 2023, 137 Stat. 680.) Editorial Notes PRIOR PROVISIONS A prior section 690 was renumbered section 12321 of this title. Provisions similar to those in subsecs. (a) and (c) of this section were contained in section 688(c) of this title prior to repeal by Pub. L. 104–201, § 521(a). AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31 substituted ‘‘Marine Corps, or Space Force,’’ for ‘‘or Marine Corps,’’. 2001—Subsec. (b)(2)(E). Pub. L. 107–107 added subpar. (E). 1999—Subsec. (b)(2)(D). Pub. L. 106–65 added subpar. (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 applicable with re- spect to officers serving on active duty as a defense attache´ or service attache´ on or after Dec. 28, 2001, see section 509(c) of Pub. L. 107–107, set out as a note under section 688 of this title. 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. [§ 691. Repealed. Pub. L. 117–263, div. A, title IV, § 402(a)(1), Dec. 23, 2022, 136 Stat. 2551] Section, added Pub. L. 104–106, div. A, title IV, § 401(b)(1), Feb. 10, 1996, 110 Stat. 285; amended Pub. L. 104–201, div. A, title IV, § 402, Sept. 23, 1996, 110 Stat. 2503; Pub. L. 105–85, div. A, title IV, § 402, Nov. 18, 1997, 111 Stat. 1719; Pub. L. 105–261, div. A, title IV, § 402(a), (b), Oct. 17, 1998, 112 Stat. 1995, 1996; Pub. L. 106–65, div. A, title IV, § 402(a), title X, § 1066(b)(1), Oct. 5, 1999, 113 Stat. 585, 772; Pub. L. 106–398, § 1 [[div. A], title IV, §§ 402(a), 403], Oct. 30, 2000, 114 Stat. 1654, 1654A–92; Pub. L. 107–107, div. A, title IV, § 402, Dec. 28, 2001, 115 Stat. 1069; Pub. L. 107–314, div. A, title IV, § 402, Dec. 2, 2002, 116 Stat. 2524; Pub. L. 108–136, div. A, title IV, § 402, Nov. 24, 2003, 117 Stat. 1450; Pub. L. 108–375, div. A, title IV, § 402, Oct. 28, 2004, 118 Stat. 1862; Pub. L. 109–163, div. A, title IV, § 402, Jan. 6, 2006, 119 Stat. 3219; Pub. L. 109–364, div. A, title IV, § 402, Oct. 17, 2006, 120 Stat. 2169; Pub. L. 110–181, div. A, title IV, § 402, Jan. 28, 2008, 122 Stat. 86; Pub. L. 110–417, [div. A], title IV, § 402, Oct. 14, 2008, 122 Stat. 4428; Pub. L. 111–84, div. A, title IV, § 402, Oct. 28, 2009, 123 Stat. 2265; Pub. L. 111–383, div. A, title IV, § 402, Jan. 7, 2011, 124 Stat. 4202; Pub. L. 112–81, div. A, title IV, § 402, Dec. 31, 2011, 125 Stat. 1382; Pub. L. 112–239, div. A, title IV, § 402, Jan. 2, 2013, 126 Stat. 1708; Pub. L. 113–66, div. A, title IV, § 402(a), Dec. 26, 2013, 127 Stat. 744; Pub. L. 113–291, div. A, title IV, § 402, Dec. 19, 2014, 128 Stat. 3349; Pub. L. 114–92, div. A, title IV, § 402, Nov. 25, 2015, 129 Stat. 801; Pub. L. 114–328, div. A, title IV, § 402, Dec. 23, 2016, 130 Stat. 2091; Pub. L. 115–91, div. A, title IV, § 402, Dec. 12, 2017, 131 Stat. 1368; Pub. L. 115–232, div. A, title IV, § 402, Aug. 13, 2018, 132 Stat. 1735; Pub. L. 116–92, div. A, title IV, § 402, Dec. 20, 2019, 133 Stat. 1334; Pub. L. 116–283, div. A, title IV, § 402(a), Jan. 1, 2021, 134 Stat. 3555; Pub. L. 117–81, div. A, title IV, § 402, Dec. 27, 2021, 135 Stat. 1673, related to perma- nent end strength levels to support the National De- fense Strategy. CHAPTER 40—LEAVE Sec. 701. Entitlement and accumulation. 702. Cadets and midshipmen. 703. Reenlistment leave. 704. Use of leave; regulations. 704a. Administration of leave: prohibition on au- thorizing, granting, or assigning leave not expressly authorized by law.