US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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, 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)
section 638 of this title An officer who retired under .
(2)
An officer who—
(A)
section 638 of this titlesection 611(b) of this title after having been notified that the officer was to be considered for early retirement under by a board convened under 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.

Pub. L. 104–201, div. A, title V, § 521(a)110 Stat. 2515Pub. L. 105–85, div. A, title V, § 502111 Stat. 1724Pub. L. 107–107, div. A, title V, § 509(a)115 Stat. 1091Pub. L. 115–232, div. A, title VIII, § 809(a)132 Stat. 1840Pub. L. 116–283, div. A, title IX, § 924(b)(4)(I)134 Stat. 3822Pub. L. 118–31, div. A, title XVII, § 1719A(b)(1)137 Stat. 664(Added , , ; amended , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 96–513, title I, § 10694 Stat. 2868Pub. L. 98–94, title X, § 1017(b)(1)97 Stat. 669Pub. L. 99–145, title V, § 51699 Stat. 630Pub. L. 102–190, div. A, title V, § 506(a)105 Stat. 1359Pub. L. 103–160, div. A, title V, § 563107 Stat. 1669Pub. L. 104–201, div. A, title V, § 521(a)110 Stat. 2515A prior section 688, added , , ; amended –(3), , ; , , ; , , ; , , , provided that certain retired members of the armed forces could be ordered to active duty, prior to repeal by , (b), , , 2517, effective . See sections 688 to 690 of this title.

Amendments

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

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

Pub. L. 116–2832021—Subsec. (b)(1). substituted “Regular Marine Corps, or Regular Space Force” for “or Regular Marine Corps”.

Pub. L. 115–2322018—Subsec. (b)(2). substituted “section 1293, 7311, 7314, 8323, 9311, or 9314” for “section 1293, 3911, 3914, 6323, 8911, or 8914”.

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

Pub. L. 107–1072001—Subsec. (e)(2)(D). added subpar. (D).

Pub. L. 105–851997—Subsec. (e). designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

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

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, § 509(c)115 Stat. 1091

section 690 of this title“The amendments made by subsections (a) and (b) [amending this section and ] 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 [].”
, , , provided that:

Effective Date

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

section 6151 of this titlesection 688 of this title“The amendments made by this section [enacting this section and sections 689 and 690 of this title, amending , and repealing former ] shall take effect on .”
, , , provided that: