
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 509(a)]
[Document affected by Public Law 107-107 Section 509(c)]
[CITE: 10USC688]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 39--ACTIVE DUTY
 
Sec. 688. Retired members: authority to order to active duty; 
        duties
        
    (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.

    (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, 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.)


                            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

    1997--Subsec. (e). Pub. L. 105-85 designated existing provisions as 
par. (1) and added par. (2).


                             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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 689, 690, 12307 of this 
title; title 37 sections 302f, 403; title 38 sections 3013, 3231, 3511, 
4312; title 50 App. section 592.
