
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: 10USC689]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 39--ACTIVE DUTY
 
Sec. 689. Retired members: grade in which ordered to active duty 
        and upon release from active duty
        
    (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 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 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 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 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.

(Added Pub. L. 104-201, div. A, title V, Sec. 521(a), Sept. 23, 1996, 
110 Stat. 2516.)


                            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).


                             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.

                  Section Referred to in Other Sections

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