
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC637]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 36--PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF 
                    OFFICERS ON THE ACTIVE-DUTY LIST
 
     SUBCHAPTER IV--CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY 
                               RETIREMENT
 
Sec. 637. Selection of regular officers for continuation on 
        active duty
        
    (a)(1) An officer subject to discharge or retirement in accordance 
with section 632 of this title may, subject to the needs of the service, 
be continued on active duty if he is selected for continuation on active 
duty by a selection board convened under section 611(b) of this title.
    (2) An officer who holds the regular grade of captain in the Army, 
Air Force, or Marine Corps, or the regular grade of lieutenant in the 
Navy, and who is subject to discharge or retirement in accordance with 
section 632 of this title may not be continued on active duty under this 
subsection for a period which extends beyond the last day of the month 
in which he completes 20 years of active commissioned service unless he 
is promoted to the regular grade of major or lieutenant commander, 
respectively.
    (3) An officer who holds the regular grade of major or lieutenant 
commander who is subject to discharge or retirement in accordance with 
section 632 of this title may not be continued on active duty under this 
subsection for a period which extends beyond the last day of the month 
in which he completes 24 years of active commissioned service unless he 
is promoted to the regular grade of lieutenant colonel or commander, 
respectively.
    (4) An officer who is selected for continuation on active duty under 
this subsection but declines to continue on active duty shall be 
discharged, retired, or retained on active duty, as appropriate, in 
accordance with section 632 of this title.
    (5) Each officer who is continued on active duty under this 
subsection, is not subsequently promoted or continued on active duty, 
and is not on a list of officers recommended for continuation or for 
promotion to the next higher regular grade shall, unless sooner retired 
or discharged under another provision of law--
        (A) be discharged upon the expiration of his period of continued 
    service; or
        (B) if he is eligible for retirement under any provision of law, 
    be retired under that law on the first day of the first month 
    following the month in which he completes his period of continued 
    service.

Notwithstanding the provisions of clause (A), any officer who would 
otherwise be discharged under such clause and is within two years of 
qualifying for retirement under section 3911, 6323, or 8911 of this 
title, shall unless he is sooner retired or discharged under some other 
provision of law, be retained on active duty until he is qualified for 
retirement under that section and then be retired.
    (6) The retirement or discharge of an officer pursuant to this 
subsection shall be considered to be an involuntary retirement or 
discharge for purposes of any other provision of law.
    (b)(1) An officer subject to retirement under section 633 or 634 of 
this title may, subject to the needs of the service, have his retirement 
deferred and be continued on active duty if he is selected for 
continuation on active duty by a selection board convened under section 
611(b) of this title.
    (2) An officer subject to retirement under section 635 or 636 of 
this title who is serving in the grade of brigadier general, rear 
admiral (lower half), major general, or rear admiral may, subject to the 
needs of the service, have his retirement deferred and be continued on 
active duty by the Secretary concerned. An officer subject to retirement 
under section 635 or 636 of this title who is serving in a grade above 
major general or rear admiral may have his retirement deferred and be 
continued on active duty by the President.
    (3) Any deferral of retirement and continuation on active duty under 
this subsection shall be for a period not to exceed five years, but such 
period may not (except as provided under section 1251(b) of this title) 
extend beyond the date of the officer's sixty-second birthday.
    (c) Continuation of an officer on active duty under this section 
pursuant to the action of a selection board convened under section 
611(b) of this title is subject to the approval of the Secretary of the 
military department concerned. The period of the continuation on active 
duty of an officer under this section may be reduced by the Secretary 
concerned in the case of any officer as provided in section 638a of this 
title.
    (d) For purposes of this section, a period of continuation on active 
duty under this section expires or is completed on the earlier of (1) 
the date originally established for the termination of such period, or 
(2) the date established for the termination of such period by any 
shortening of such period under section 638a of this title.
    (e) The Secretary of Defense shall prescribe regulations for the 
administration of this section.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2863; 
amended Pub. L. 97-22, Sec. 4(e), July 10, 1981, 95 Stat. 127; Pub. L. 
97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 
98-525, title XIV, Sec. 1405(15), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 
99-145, title V, Sec. 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 
101-510, div. A, title V, Sec. 521(b)(1), Nov. 5, 1990, 104 Stat. 1561.)


                               Amendments

    1990--Subsec. (c). Pub. L. 101-510, Sec. 521(b)(1)(A), inserted at 
end ``The period of the continuation on active duty of an officer under 
this section may be reduced by the Secretary concerned in the case of 
any officer as provided in section 638a of this title.''
    Subsecs. (d), (e). Pub. L. 101-510, Sec. 521(b)(1)(B), (C), added 
subsec. (d) and redesignated former subsec. (d) as (e).
    1985--Subsec. (b)(2). Pub. L. 99-145 substituted ``rear admiral 
(lower half)'' for ``commodore''.
    1984--Subsec. (a)(2). Pub. L. 98-525, Sec. 1405(15)(A), substituted 
``20'' for ``twenty''.
    Subsec. (a)(3). Pub. L. 98-525, Sec. 1405(15)(B), substituted ``24'' 
for ``twenty-four''.
    1981--Subsec. (b)(1). Pub. L. 97-22, Sec. 4(e)(1), substituted 
``section 633 or 634'' for ``section 633, 634, 635, or 636''.
    Subsec. (b)(2). Pub. L. 97-86 substituted ``commodore'' for 
``commodore admiral''.
    Pub. L. 97-22, Sec. 4(e)(2), inserted provision that an officer 
subject to retirement under section 635 or 636 of this title who is 
serving in the grade of brigadier general, commodore admiral, major 
general, or rear admiral may, subject to the needs of the service, have 
his retirement deferred and be continued on active duty by the Secretary 
concerned and struck out requirement that the deferral of the retirement 
of an officer subject to retirement under section 635 or 636 of this 
title serving in a grade above major general or rear admiral was subject 
to the needs of the service.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 
405(f) of Pub. L. 97-86, set out as a note under section 101 of this 
title.


                             Effective Date

    Subchapter effective Sept. 15, 1981, but the authority to prescribe 
regulations under this subchapter effective on Dec. 12, 1980, see 
section 701 of Pub. L. 96-513, set out as an Effective Date of 1980 
Amendment note under section 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 management 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 611, 632, 633, 634, 635, 
636, 638a of this title.
