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10 U.S.C. § 637aContinuation on active duty: officers in certain military specialties and career tracks

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of a military department may allow certain officers with designated military specialties to remain on active duty after their otherwise scheduled separation or retirement date. The officer must retire after completing 40 years of active service unless retired earlier.

(a) In General. The Secretary of the military department concerned may authorize an officer above grade O–2 to remain on active duty after the date on which the officer otherwise would separate or retire under section 632, 633, 634, 635, or 636, as applicable. The officer must have a military occupational specialty, rating, or specialty code in a military specialty designated under subsection (b). (b) Military Specialties. Each Secretary of a military department must designate the military specialties in which a military occupational specialty, rating, or specialty code assigned to members of the armed forces under that Secretary’s authority makes the members eligible to stay on active duty under subsection (a). (c) Duration of Continuation. An officer who stays on active duty under this section must be retired, unless retired earlier, on the first day of the month after the month in which the officer completes 40 years of active service. (d) Regulations. The Secretaries of the military departments must carry out this section under regulations prescribed by the Secretary of Defense. Those regulations must state the criteria the military department Secretaries must use when designating military specialties under subsection (b).
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The Secretary of the military department concerned may authorize an officer in a grade above grade O–2 to remain on active duty after the date otherwise provided for the separation or retirement of the officer in section 632, 633, 634, 635, or 636 of this title, as applicable, if the officer has a military occupational specialty, rating, or specialty code in a military specialty designated pursuant to subsection (b).

(b)Military Specialties.—

Each Secretary of a military department shall designate the military specialties in which a military occupational specialty, rating, or specialty code, as applicable, assigned to members of the armed forces under the jurisdiction of such Secretary authorizes the members to be eligible for continuation on active duty as provided in subsection (a).

(c)Duration of Continuation.—

An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.

(d)Regulations.—

The Secretaries of the military departments shall carry out this section in accordance with regulations prescribed by the Secretary of Defense. The regulations shall specify the criteria to be used by the Secretaries of the military departments in designating military specialties for purposes of subsection (b).

Source credit: (Added Pub. L. 114–328, div. A, title V, § 505(a)(1), Dec. 23, 2016, 130 Stat. 2107; amended Pub. L. 115–232, div. A, title V, § 506, title X, § 1081(a)(8), Aug. 13, 2018, 132 Stat. 1743, 1983; Pub. L. 116–92, div. A, title V, § 504, Dec. 20, 2019, 133 Stat. 1345.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-328 · 130 Stat. 2107
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1743, 1983
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1345

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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