2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 39 - ACTIVE DUTY (§§ 671 - 691)
Section 688 - Retired members: authority to order to active duty; duties
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 688 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-201, div. A, title V, §521(a), Sept. 23, 1996, 110 Stat. 2515; amended Pub. L. 105-85, div. A, title V, §502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107-107, div. A, title V, §509(a), Dec. 28, 2001, 115 Stat. 1091. |
Statutes at Large References | 94 Stat. 2868 97 Stat. 669 99 Stat. 630 105 Stat. 1359 107 Stat. 1669 110 Stat. 2515 111 Stat. 1724 115 Stat. 1091 |
Public Law References | Public Law 96-513, Public Law 98-94, Public Law 99-145, Public Law 102-190, Public Law 103-160, Public Law 104-201, Public Law 105-85, Public Law 107-107 |
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(a)
(b)
(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)
(d)
(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)
(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 attache�AE1 or service attache�AE1 for the period of active duty to which ordered.
(f)
(Added Pub. L. 104–201, div. A, title V, §521(a), Sept. 23, 1996, 110 Stat. 2515; amended Pub. L. 105–85, div. A, title V, §502, Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, §509(a), Dec. 28, 2001, 115 Stat. 1091.)
Prior ProvisionsA prior section 688, added Pub. L. 96–513, title I, §106, Dec. 12, 1980, 94 Stat. 2868; amended Pub. L. 98–94, title X, §1017(b)(1)–(3), Sept. 24, 1983, 97 Stat. 669; Pub. L. 99–145, title V, §516, Nov. 8, 1985, 99 Stat. 630; Pub. L. 102–190, div. A, title V, §506(a), Dec. 5, 1991, 105 Stat. 1359; Pub. L. 103–160, div. A, title V, §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, §521(a), (b), Sept. 23, 1996, 110 Stat. 2515, 2517, effective Sept. 30, 1997. See sections 688 to 690 of this title.
Amendments2001—Subsec. (e)(2)(D). Pub. L. 107–107 added subpar. (D).
1997—Subsec. (e). Pub. L. 105–85 designated existing provisions as par. (1) and added par. (2).
Effective Date of 2001 AmendmentPub. L. 107–107, div. A, title V, §509(c), Dec. 28, 2001, 115 Stat. 1091, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 690 of this title] shall apply with respect to officers serving on active duty as a defense attache�AE1 or service attache�AE1 on or after the date of the enactment of this Act [Dec. 28, 2001].”
Effective DateSection 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.”
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