US (United States) Code. Title 10. Subtitle A. Part II. Chapter 39: Active duty

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 39 - ACTIVE DUTY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

.

-HEAD-

CHAPTER 39 - ACTIVE DUTY

-MISC1-

Sec.

671. Members not to be assigned outside United States before

completing training.

671a. Members: service extension during war.

671b. Members: service extension when Congress is not in session.

672. Reference to chapter 1209.

(673 to 687. Renumbered.)

688. Retired members: authority to order to active duty; duties.

688a. Retired aviators: temporary authority to order to active

duty.

689. Retired members: grade in which ordered to active duty and

upon release from active duty.

690. Retired members ordered to active duty: limitation on number.

691. Permanent end strength levels to support two major regional

contingencies.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 503(a)(2), Dec. 2,

2002, 116 Stat. 2530, added item 688a.

1996 - Pub. L. 104-201, div. A, title V, Sec. 521(c), Sept. 23,

1996, 110 Stat. 2517, added items 688, 689, and 690 and struck out

former item 688 ''Retired members''.

Pub. L. 104-106, div. A, title IV, Sec. 401(b)(2), title XV,

Sec. 1501(c)(7), Feb. 10, 1996, 110 Stat. 286, 499, struck out

items 687 ''Ready Reserve: muster duty'' and 690 ''Limitation on

duty with Reserve Officer Training Corps units'' and added item

691.

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(7), Oct.

5, 1994, 108 Stat. 3013, substituted ''Reference to chapter 1209''

for ''Reserve components generally'' in item 672 and struck out

former items 673 to 686 and 689.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1061(a)(4)(B),

Dec. 5, 1991, 105 Stat. 1472, substituted ''Corps'' for ''Corp'' in

item 690.

Pub. L. 102-25, title VII, Sec. 701(e)(3), Apr. 6, 1991, 105

Stat. 114, transferred item 687 ''Limitation on duty with Reserve

Officer Training Corp units'' to appear after item 689 and

redesignated that item as 690.

1990 - Pub. L. 101-510, div. A, title V, Sec. 559(a)(2), Nov. 5,

1990, 104 Stat. 1571, added item 687 ''Limitation on duty with

Reserve Officer Training Corp units''.

1989 - Pub. L. 101-189, div. A, title V, Sec. 502(a)(2), Nov.

29, 1989, 103 Stat. 1436, added item 687.

1987 - Pub. L. 100-180, div. A, title XII, Sec. 1231(4), Dec. 4,

1987, 101 Stat. 1160, amended analysis by transferring item 686

from the end to a position immediately below item 685.

1986 - Pub. L. 99-661, div. A, title IV, Sec. 412(b)(2), Nov.

14, 1986, 100 Stat. 3862, added item 686 at end of analysis.

1983 - Pub. L. 98-94, title X, Sec. 1017(b)(4), 1021(b), Sept.

24, 1983, 97 Stat. 669, 670, substituted ''Retired members'' for

''Regular components: retired members'' in item 688, and added item

673c.

1980 - Pub. L. 96-513, title V, Sec. 501(8), Dec 12, 1980, 94

Stat. 2907, struck out item 687 ''Non-Regulars: readjustment

payment upon involuntary release from active duty'' and added items

688 and 689.

1979 - Pub. L. 96-107, title III, Sec. 303(a)(2), Nov. 9, 1979,

93 Stat. 806, struck out item 686 ''Reports to Congress''.

1976 - Pub. L. 94-286, Sec. 1, May 14, 1976, 90 Stat. 517, added

item 673b.

1968 - Pub. L. 90-235, Sec. 1(a)(1)(B), Jan. 2, 1968, 81 Stat.

753, added items 671a and 671b.

1967 - Pub. L. 90-40, Sec. 6(2), June 30, 1967, 81 Stat. 106,

added item 673a.

1962 - Pub. L. 87-651, title I, Sec. 102(b), Sept. 7, 1962, 76

Stat. 508, added item 687.

1958 - Pub. L. 85-861, Sec. 1(16), Sept. 2, 1958, 72 Stat. 1441,

added items 684 and 685.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 513 of this title; title

33 section 3049.

-CITE-

10 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 671. Members not to be assigned outside United States before

completing training

-STATUTE-

(a) A member of the armed forces may not be assigned to active

duty on land outside the United States and its territories and

possessions until the member has completed the basic training

requirements of the armed force of which he is a member.

(b) In time of war or a national emergency declared by Congress

or the President, the period of required basic training (or its

equivalent) may not (except as provided in subsection (c)) be less

than 12 weeks.

(c)(1) A period of basic training (or equivalent training)

shorter than 12 weeks may be established by the Secretary concerned

for members of the armed forces who have been credentialed in a

medical profession or occupation and are serving in a health-care

occupational specialty, as determined under regulations prescribed

under paragraph (2). Any such period shall be established under

regulations prescribed under paragraph (2) and may be established

notwithstanding section 4(a) of the Military Selective Service Act

(50 U.S.C. App. 454(a)).

(2) The Secretary of Defense, and the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, shall prescribe regulations for the

purposes of paragraph (1). The regulations prescribed by the

Secretary of Defense shall apply uniformly to the military

departments.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 27; Pub. L. 94-106, title VIII,

Sec. 802(b), Oct. 7, 1975, 89 Stat. 537; Pub. L. 99-661, div. A,

title V, Sec. 501, Nov. 14, 1986, 100 Stat. 3863; Pub. L. 103-160,

div. A, title V, Sec. 511, Nov. 30, 1993, 107 Stat. 1648; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

671 50 App.:454(a) June 24, 1948, ch.

(words between 625, Sec. 4(a)

semicolon and (words between

proviso of 6th semicolon and

par.). proviso of 6th

par.); restated

June 19, 1951, ch.

144, Sec. 1(d)

(words between

semicolon and

proviso of 6th

par.), 65 Stat. 78.

-------------------------------

The words ''four months of basic training or its equivalent'' are

substituted for the words ''the equivalent of at least four months

of basic training''. The words ''who is enlisted, inducted,

appointed, or ordered to active duty after the date of enactment of

the 1951 Amendments to the Universal Military Training and Service

Act (June 19, 1951)'' and ''at any installation located'' are

omitted as surplusage.

AMENDMENTS

2002 - Subsec. (c)(2). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1993 - Subsec. (b). Pub. L. 103-160, Sec. 511(1), inserted

''(except as provided in subsection (c))'' after ''may not''.

Subsec. (c). Pub. L. 103-160, Sec. 511(2), added subsec. (c).

1986 - Pub. L. 99-661 amended section generally. Prior to

amendment, section read as follows: ''No member of an armed force

may be assigned to active duty on land outside the United States

and its Territories and possessions, until he has had twelve weeks

of basic training or its equivalent.''

1975 - Pub. L. 94-106 reduced minimum period of basic training

from four months to twelve weeks.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 671a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 671a. Members: service extension during war

-STATUTE-

Unless terminated at an earlier date by the Secretary concerned,

the period of active service of any member of an armed force is

extended for the duration of any war in which the United States may

be engaged and for six months thereafter.

-SOURCE-

(Added Pub. L. 90-235, Sec. 1(a)(1)(A), Jan. 2, 1968, 81 Stat.

753.)

-CITE-

10 USC Sec. 671b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 671b. Members: service extension when Congress is not in

session

-STATUTE-

(a) Notwithstanding any other provision of law, when the

President determines that the national interest so requires, he

may, if Congress is not in session, having adjourned sine die,

authorize the Secretary of Defense to extend for not more than six

months enlistments, appointments, periods of active duty, periods

of active duty for training, periods of obligated service, or other

military status, in any component of the armed forces, that expire

before the thirtieth day after Congress next convenes or

reconvenes.

(b) An extension under this section continues until the sixtieth

day after Congress next convenes or reconvenes or until the

expiration of the period of extension specified by the Secretary of

Defense, whichever occurs earlier, unless sooner terminated by law

or Executive order.

-SOURCE-

(Added Pub. L. 90-235, Sec. 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753;

amended Pub. L. 101-189, div. A, title VI, Sec. 653(a)(3), Nov.

29, 1989, 103 Stat. 1462.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-189 substituted ''armed forces''

for ''Armed Forces of the United States''.

-CITE-

10 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 672. Reference to chapter 1209

-STATUTE-

Provisions of law relating to service of members of reserve

components on active duty are set forth in chapter 1209 of this

title (beginning with section 12301).

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(e)(4), Oct.

5, 1994, 108 Stat. 2992.)

-MISC1-

PRIOR PROVISIONS

A prior section 672 was renumbered section 12301 of this title.

EFFECTIVE DATE

Section effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-CITE-

10 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 673. Renumbered Sec. 12302)

-CITE-

10 USC Sec. 673a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 673a. Renumbered Sec. 12303)

-CITE-

10 USC Sec. 673b 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 673b. Renumbered Sec. 12304)

-CITE-

10 USC Sec. 673c 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 673c. Renumbered Sec. 12305)

-CITE-

10 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 674. Renumbered Sec. 12306)

-CITE-

10 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 675. Renumbered Sec. 12307)

-CITE-

10 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 676. Renumbered Sec. 12308)

-CITE-

10 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 677. Renumbered Sec. 12309)

-CITE-

10 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 678. Renumbered Sec. 12310)

-CITE-

10 USC Sec. 679 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 679. Renumbered Sec. 12311)

-CITE-

10 USC Sec. 680 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 680. Renumbered Sec. 12312)

-CITE-

10 USC Sec. 681 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 681. Renumbered Sec. 12313)

-CITE-

10 USC Sec. 682 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 682. Renumbered Sec. 12314)

-CITE-

10 USC Sec. 683 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 683. Renumbered Sec. 12315)

-CITE-

10 USC Sec. 684 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 684. Renumbered Sec. 12316)

-CITE-

10 USC Sec. 685 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 685. Renumbered Sec. 12317)

-CITE-

10 USC Sec. 686 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 686. Renumbered Sec. 12318)

-MISC1-

PRIOR PROVISIONS

A prior section 686, acts Aug. 10, 1956, ch. 1041, 70A Stat. 32;

Apr. 21, 1976, Pub. L. 94-273, Sec. 11(2), 90 Stat. 378, provided

for an annual officer grade distribution report, prior to repeal by

Pub. L. 96-107, title III, Sec. 303(a)(1), Nov. 9, 1979, 93 Stat.

806.

-CITE-

10 USC Sec. 687 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

(Sec. 687. Renumbered Sec. 12319)

-COD-

CODIFICATION

Another section 687 was renumbered section 12321 of this title.

-MISC3-

PRIOR PROVISIONS

A prior section 687, added Pub. L. 87-651, title I, Sec. 102(a),

Sept. 7, 1962, 76 Stat. 506; amended Pub. L. 89-718, Sec. 6, Nov.

2, 1966, 80 Stat. 1115, related to readjustment payment upon

involuntary release of non-regulars from active duty, prior to

repeal by Pub. L. 96-513, title I, Sec. 109(a), Dec. 12, 1980, 94

Stat. 2870, effective Sept. 15, 1981.

-CITE-

10 USC Sec. 688 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 688. Retired members: authority to order to active duty;

duties

-STATUTE-

(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, 3911, 3914, 6323, 8911, or 8914 of this title.

(3) A member of the Fleet Reserve or Fleet Marine Corps

Reserve.

(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.

(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

by a board convened under section 611(b) of this title and

before being considered by that board, requested retirement

under section 3911, 6323, or 8911 of this title; and

(B) was retired pursuant to that request.

(e) Limitation of Period of Recall Service. - (1) A member

ordered to active duty under subsection (a) may not serve on active

duty pursuant to orders under that subsection for more than 12

months within the 24 months following the first day of the active

duty to which ordered under that subsection.

(2) Paragraph (1) does not apply to the following officers:

(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 active duty to which ordered.

(C) An officer assigned to duty with the American Battle

Monuments Commission for the period of active duty to which

ordered.

(D) An officer who is assigned to duty as a defense attacheAE1

or service attacheAE1 for the period of active duty to which

ordered.

(f) Waiver for Periods of War or National Emergency. -

Subsections (d) and (e) do not apply in time of war or of national

emergency declared by Congress or the President.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 521(a), Sept. 23,

1996, 110 Stat. 2515; amended Pub. L. 105-85, div. A, title V,

Sec. 502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107-107, div. A,

title V, Sec. 509(a), Dec. 28, 2001, 115 Stat. 1091.)

-MISC1-

PRIOR PROVISIONS

A prior section 688, added Pub. L. 96-513, title I, Sec. 106,

Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98-94, title X, Sec.

1017(b)(1)-(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99-145, title

V, Sec. 516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102-190, div. A,

title V, Sec. 506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L.

103-160, div. A, title V, Sec. 563, Nov. 30, 1993, 107 Stat. 1669,

provided that certain retired members of the armed forces could be

ordered to active duty, prior to repeal by Pub. L. 104-201, div.

A, title V, Sec. 521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517,

effective Sept. 30, 1997. See sections 688 to 690 of this title.

AMENDMENTS

2001 - Subsec. (e)(2)(D). Pub. L. 107-107 added subpar. (D).

1997 - Subsec. (e). Pub. L. 105-85 designated existing provisions

as par. (1) and added par. (2).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 509(c), Dec. 28, 2001,

115 Stat. 1091, provided that: ''The amendments made by subsections

(a) and (b) (amending this section and section 690 of this title)

shall apply with respect to officers serving on active duty as a

defense attacheAE1 or service attacheAE1 on or after the date of

the enactment of this Act (Dec. 28, 2001).''

EFFECTIVE DATE

Section 521(b) of Pub. L. 104-201 provided that: ''The amendments

made by this section (enacting this section and sections 689 and

690 of this title, amending section 6151 of this title, and

repealing former section 688 of this title) shall take effect on

September 30, 1997.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 688a, 689, 690,

12307 of this title; title 37 sections 302f, 403; title 38 sections

3013, 3103, 3105, 3231, 3511, 3512, 4312; title 50 App. section

592.

-CITE-

10 USC Sec. 688a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 688a. Retired aviators: temporary authority to order to active

duty

-STATUTE-

(a) Authority. - The Secretary of a military department may order

to active duty a retired officer having expertise as an aviator to

fill staff positions normally filled by aviators on active duty.

Any such order may be made only with the consent of the officer

ordered to active duty and in accordance with an agreement between

the Secretary and the officer.

(b) Duration. - The period of active duty of an officer under an

order to active duty under subsection (a) shall be specified in the

agreement entered into under that subsection.

(c) Limitation. - No more than a total of 500 officers may be on

active duty at any time under subsection (a).

(d) Relationship to Other Authority. - The authority to order a

retired officer to active duty under this section is in addition to

the authority under section 688 of this title or any other

provision of law authorizing the Secretary concerned to order a

retired member to active duty.

(e) Inapplicability of Certain Provisions. - Officers ordered to

active duty under subsection (a) shall not be counted for purposes

of section 688 or 690 of this title.

(f) Expiration of Authority. - An officer may not be ordered to

active duty under this section after September 30, 2008.

-SOURCE-

(Added Pub. L. 107-314, div. A, title V, Sec. 503(a)(1), Dec. 2,

2002, 116 Stat. 2530.)

-MISC1-

TRANSITION PROVISION

Pub. L. 107-314, div. A, title V, Sec. 503(c), Dec. 2, 2002, 116

Stat. 2531, provided that: ''Any officer ordered to active duty

under section 501 of the National Defense Authorization 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 689 of this title.

-CITE-

10 USC Sec. 689 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 689. Retired members: grade in which ordered to active duty

and upon release from active duty

-STATUTE-

(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 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 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 active duty

satisfactorily, as determined by the Secretary of the military

department concerned, for not less than six months.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 521(a), Sept. 23,

1996, 110 Stat. 2516; amended Pub. L. 107-314, div. A, title V,

Sec. 503(b)(1), Dec. 2, 2002, 116 Stat. 2531.)

-MISC1-

PRIOR PROVISIONS

A prior section 689 was renumbered section 12320 of this title.

Provisions similar to those in this section were contained in

section 688(b) and (d) of this title prior to repeal by Pub. L.

104-201, Sec. 521(a).

AMENDMENTS

2002 - Subsecs. (a), (b), (c)(1), (d). Pub. L. 107-314 inserted

''or 688a'' after ''section 688''.

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, Sec. 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 section 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6151 of this title.

-CITE-

10 USC Sec. 690 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 690. Retired members ordered to active duty: limitation on

number

-STATUTE-

(a) General and Flag Officers. - Not more than 15 retired general

officers of the Army, Air Force, or Marine Corps, 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.

(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 attacheAE1

or service attacheAE1 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.

-SOURCE-

(Added Pub. L. 104-201, div. A, title V, Sec. 521(a), Sept. 23,

1996, 110 Stat. 2516; amended Pub. L. 106-65, div. A, title V,

Sec. 507, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107-107, div. A,

title V, Sec. 509(b), Dec. 28, 2001, 115 Stat. 1091.)

-MISC1-

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, Sec. 521(a).

AMENDMENTS

2001 - Subsec. (b)(2)(E). Pub. L. 107-107 added subpar. (E).

1999 - Subsec. (b)(2)(D). Pub. L. 106-65 added subpar. (D).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-107 applicable with respect to officers

serving on active duty as a defense attacheAE1 or service

attacheAE1 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 688a, 689 of this title.

-CITE-

10 USC Sec. 691 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 39 - ACTIVE DUTY

-HEAD-

Sec. 691. Permanent end strength levels to support two major

regional contingencies

-STATUTE-

(a) The end strengths specified in subsection (b) are the minimum

strengths necessary to enable the armed forces to fulfill a

national defense strategy calling for the United States to be able

to successfully conduct two nearly simultaneous major regional

contingencies.

(b) Unless otherwise provided by law, the number of members of

the armed forces (other than the Coast Guard) on active duty at the

end of any fiscal year shall be not less than the following:

(1) For the Army, 480,000.

(2) For the Navy, 375,700.

(3) For the Marine Corps, 175,000.

(4) For the Air Force, 359,000.

(c) The budget for the Department of Defense for any fiscal year

as submitted to Congress shall include amounts for funding for each

of the armed forces (other than the Coast Guard) at least in the

amounts necessary to maintain the active duty end strengths

prescribed in subsection (b), as in effect at the time that such

budget is submitted.

(d) No funds appropriated to the Department of Defense may be

used to implement a reduction of the active duty end strength for

any of the armed forces (other than the Coast Guard) for any fiscal

year below the level specified in subsection (b) unless the

reduction in end strength for that armed force for that fiscal year

is specifically authorized by law.

((e) Repealed. Pub. L. 107-314, div. A, title IV, Sec. 402(b),

Dec. 2, 2002, 116 Stat. 2525.)

(f) The number of members of the armed forces on active duty

shall be counted for purposes of this section in the same manner as

applies under section 115(a)(1) of this title.

-SOURCE-

(Added Pub. L. 104-106, div. A, title IV, Sec. 401(b)(1), Feb. 10,

1996, 110 Stat. 285; amended Pub. L. 104-201, div. A, title IV,

Sec. 402, Sept. 23, 1996, 110 Stat. 2503; Pub. L. 105-85, div. A,

title IV, Sec. 402, Nov. 18, 1997, 111 Stat. 1719; Pub. L. 105-261,

div. A, title IV, Sec. 402(a), (b), Oct. 17, 1998, 112 Stat. 1995,

1996; Pub. L. 106-65, div. A, title IV, Sec. 402(a), title X, Sec.

1066(b)(1), Oct. 5, 1999, 113 Stat. 585, 772; Pub. L. 106-398, Sec.

1 ((div. A), title IV, Sec. 402(a), 403), Oct. 30, 2000, 114 Stat.

1654, 1654A-92; Pub. L. 107-107, div. A, title IV, Sec. 402, Dec.

28, 2001, 115 Stat. 1069; Pub. L. 107-314, div. A, title IV, Sec.

402, Dec. 2, 2002, 116 Stat. 2524.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2) to (4). Pub. L. 107-314, Sec. 402(a),

substituted ''375,700'' for ''376,000'' in par. (2), ''175,000''

for ''172,600'' in par. (3), and ''359,000'' for ''358,800'' in

par. (4).

Subsec. (e). Pub. L. 107-314, Sec. 402(b), struck out subsec. (e)

which read as follows: ''For a fiscal year for which the active

duty end strength authorized by law pursuant to section

115(a)(1)(A) of this title for any of the armed forces is identical

to or greater than the number applicable to that armed force under

subsection (b), the Secretary of Defense may reduce that number by

not more than 0.5 percent.''

2001 - Subsec. (b)(2). Pub. L. 107-107, Sec. 402(1), substituted

''376,000'' for ''372,000''.

Subsec. (b)(4). Pub. L. 107-107, Sec. 402(2), substituted

''358,800'' for ''357,000''.

2000 - Subsec. (b)(2) to (4). Pub. L. 106-398, Sec. 1 ((div. A),

title IV, Sec. 402(a)), substituted ''372,000'' for ''371,781'' in

par. (2), ''172,600'' for ''172,148'' in par. (3), and ''357,000''

for ''360,877'' in par. (4).

Subsec. (e). Pub. L. 106-398, Sec. 1 ((div. A), title IV, Sec.

403), inserted ''or greater than'' after ''identical to''.

1999 - Subsec. (b)(2) to (4). Pub. L. 106-65, Sec. 402(a),

substituted ''371,781'' for ''372,696'' in par. (2), ''172,148''

for ''172,200'' in par. (3), and ''360,877'' for ''370,802'' in

par. (4).

Subsec. (e). Pub. L. 106-65, Sec. 1066(b)(1), made technical

amendment to directory language of Pub. L. 105-261, Sec. 402(b).

See 1998 Amendment note below.

1998 - Subsec. (b). Pub. L. 105-261, Sec. 402(a), substituted

''480,000'' for ''495,000'' in par. (1), ''372,696'' for

''390,802'' in par. (2), ''172,200'' for ''174,000'' in par. (3),

and ''370,802'' for ''371,577'' in par. (4).

Subsec. (e). Pub. L. 105-261, Sec. 402(b), as amended by Pub. L.

106-65, Sec. 1066(b)(1), substituted ''0.5 percent.'' for ''1

percent or, in the case of the Ar