10 U.S.C. § 688

Retired members: authority to order to active duty; duties

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(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, 7311, 7314, 8323, 9311, or 9314 of this title.(3) A member of the Fleet Reserve or Fleet Marine Corps Reserve.(4) A retired member of the Space Force.(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 7311, 8323, or 9311 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 attaché or service attaché 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.(Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2515; amended Pub. L. 105–85, div. A, title V, § 502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, § 509(a), Dec. 28, 2001, 115 Stat. 1091; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(4)(I), Jan. 1, 2021, 134 Stat. 3822; Pub. L. 118–31, div. A, title XVII, § 1719A(b)(1), Dec. 22, 2023, 137 Stat. 664.)Editorial NotesPrior Provisions

A prior section 688, added Pub. L. 96–513, title I, § 106, Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98–94, title X, § 1017(b)(1)–(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99–145, title V, § 516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102–190, div. A, title V, § 506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L. 103–160, div. A, title V, § 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, § 521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517, effective Sept. 30, 1997. See sections 688 to 690 of this title.

Amendments

2023—Subsec. (b)(1). Pub. L. 118–31, § 1719A(b)(1)(A), substituted “or Regular Marine Corps” for “Regular Marine Corps, or Regular Space Force”.

Subsec. (b)(4). Pub. L. 118–31, § 1719A(b)(1)(B), added par. (4).

2021—Subsec. (b)(1). Pub. L. 116–283 substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”.

2018—Subsec. (b)(2). Pub. L. 115–232 substituted “section 1293, 7311, 7314, 8323, 9311, or 9314” for “section 1293, 3911, 3914, 6323, 8911, or 8914”.

Subsec. (d)(2)(A). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911”.

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).

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, § 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 attaché or service attaché on or after the date of the enactment of this Act [Dec. 28, 2001].”

Effective Date

Pub. L. 104–201, div. A, title V, § 521(b), Sept. 23, 1996, 110 Stat. 2517, 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.”

Notes of Decisions

Cited in 36 cases (12 in the last 5 years), 1984–2026 · leading case: United States v. Master Sergeant TIMOTHY B. HENNIS, 75 M.J. 796 (A.C.C.A. 2016).

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United States v. Master Sergeant TIMOTHY B. HENNIS, 75 M.J. 796 (A.C.C.A. 2016). · cites it 6× “” In pertinent part, it stated: “Under the provisions of Article 2(a)(4), Uniform Code of Military Justice, 10 U.S.C. § 688 , and Army Regulation (AR) 27-10, [Legal Services: Military Justice] paragraph 5-2(b)(3), I hereby order Master Sergeant (Ret.”

In re Marriage of Porter, 555 P.3d 379 (Wash. 2024). · cites it 4× “For voluntary recalls, the secretary of a military department has the authority to order a retired member to active duty for the purposes of alleviating a “high-demand, low-density military capability or in any other specialty,” so long as the member consents.”

Adkins v. Rumsfeld, 464 F.3d 456 (4th Cir. 2006). · cites it 2× “They may in some circumstances be recalled into active duty, see 10 U.S.C. § 688 , and they may not violate the provisions of the Uniform Code of Military Justice, see § 802(a)(4).”

Spelman v. McHugh, 65 F. Supp. 3d 40 (D.D.C. 2014). · cites it 3× “Plaintiffs decision to enter the Retired Reserve — rather than separate from the Army — made him available for activation as a Judge Advocate at any time, see 10 U.S.C. § 688 , and thereby subject to TJAG’s authority under 10 U.”

United States v. Dinger, 76 M.J. 552 (N.M.C.C.A. 2017). “§ 12304 (a) (stating that the President "may authorize the Secretary of Defense .”

United States v. Carpenter, 37 M.J. 291 (1993). “See 10 USC § 688 . Chief Judge Baum was not recalled to active duty to serve on the Court of Military Review; he was appointed as a civilian to a civilian office.”

United States v. Sumrall, 45 M.J. 207 (C.A.A.F. 1996). “See 10 USC § 688 ; McCarty v. McCarty, 453 U.”

Loeh v. United States, 53 Fed. Cl. 2 (Fed. Cl. 2002). “10 U.S.C. §§ 688 . A retired officer therefore remains a member of the armed forces and remains subject to the UCMJ.”

Christian v. United States, 46 Fed. Cl. 793 (Fed. Cl. 2000). “GOVERNING STATUTES AND PROCEDURES In his first two counts, plaintiff claims that the 1992 MOI and the actions of the SERB in accordance therewith violated the statutes and procedures governing selective early retirement, 10 U.S.C. § 688 , Selective Early Retirement, and 638a,…”

Steven Larrabee v. Carlos Del Toro, 45 F. 4th 81 (D.C. Cir. 2022). “10 U.S.C. § 688 (b). Indeed, as Larrabee’s counsel pointed out at oral argument, under the court’s reasoning “nothing would stop the Government from court-martialing a 90-year-old Korean War veteran, who retired after being injured in the war, for shoplifting a newspaper from…”

Pearson v. Bloss, 28 M.J. 376 (1989). “) Moreover, another statute ( 10 USC § 688 ) treats the two groups as equal.”

Sizemore v. Rinehart, 611 So. 2d 1064 (Ala. Civ. App. 1992). “§ 684 (b) (West 1983); 10 U.S.C.A. § 688 (West 1983); 10 U.S.C.A.”

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