---
kind: "section"
citation: "10 U.S.C. § 637"
title: "10"
title_heading: "Armed Forces"
number: "637"
heading: "Selection of regular officers for continuation on active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/637"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter IV — Continuation on Active Duty and Selective Early Retirement"
---

# §637. Selection of regular officers for continuation on active duty

- (a)
  - (1) An [officer](/usc/10/101.md?p=b-1) subject to discharge or retirement in accordance with [section 632 of this title](/usc/10/632.md) may, subject to the needs of the service, be continued on [active duty](/usc/10/101.md?p=d-1) if he is selected for continuation on [active duty](/usc/10/101.md?p=d-1) by a selection board convened under [section 611(b) of this title](/usc/10/611.md?p=b).
  - (2) An [officer](/usc/10/101.md?p=b-1) who holds the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of captain in the Army, Air Force, Marine Corps, or Space Force, or the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with [section 632 of this title](/usc/10/632.md) may not be continued on [active duty](/usc/10/101.md?p=d-1) under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of active commissioned service unless he is promoted to the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of major or lieutenant commander, respectively.
  - (3) An [officer](/usc/10/101.md?p=b-1) who holds the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of major or lieutenant commander who is subject to discharge or retirement in accordance with [section 632 of this title](/usc/10/632.md) may not be continued on [active duty](/usc/10/101.md?p=d-1) under this subsection for a period which extends beyond the last day of the month in which he completes 24 years of active commissioned service unless he is promoted to the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of lieutenant colonel or commander, respectively.
  - (4) An [officer](/usc/10/101.md?p=b-1) who is selected for continuation on [active duty](/usc/10/101.md?p=d-1) under this subsection but declines to continue on [active duty](/usc/10/101.md?p=d-1) shall be discharged, retired, or retained on [active duty](/usc/10/101.md?p=d-1), as appropriate, in accordance with [section 632 of this title](/usc/10/632.md).
  - (5) Each [officer](/usc/10/101.md?p=b-1) who is continued on [active duty](/usc/10/101.md?p=d-1) under this subsection, is not subsequently promoted or continued on [active duty](/usc/10/101.md?p=d-1), and is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for continuation or for promotion to the next higher [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) shall, unless sooner retired or discharged under another provision of law—
    - (A) be discharged upon the expiration of his period of continued service; or
    - (B) if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service.

    Notwithstanding the provisions of [clause (A)](#a-5-A), any [officer](/usc/10/101.md?p=b-1) who would otherwise be discharged under such clause and is within two years of qualifying for retirement under section [7311](/usc/10/7311.md), [8323](/usc/10/8323.md), or [9311](/usc/10/9311.md) of this title, shall unless he is sooner retired or discharged under some other provision of law, be retained on [active duty](/usc/10/101.md?p=d-1) until he is qualified for retirement under that section and then be retired.

  - (6) The retirement or discharge of an [officer](/usc/10/101.md?p=b-1) pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
- (b)
  - (1) An [officer](/usc/10/101.md?p=b-1) subject to retirement under section [633](/usc/10/633.md) or [634](/usc/10/634.md) of this title may, subject to the needs of the service, have his retirement deferred and be continued on [active duty](/usc/10/101.md?p=d-1) if he is selected for continuation on [active duty](/usc/10/101.md?p=d-1) by a selection board convened under [section 611(b) of this title](/usc/10/611.md?p=b).
  - (2) An [officer](/usc/10/101.md?p=b-1) subject to retirement under section [635](/usc/10/635.md) or [636](/usc/10/636.md) of this title who is serving in the [grade](/usc/10/101.md?p=b-7) of brigadier general, rear admiral (lower half), major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on [active duty](/usc/10/101.md?p=d-1) by the [Secretary concerned](/usc/10/2801.md?p=c-5). An [officer](/usc/10/101.md?p=b-1) subject to retirement under section [635](/usc/10/635.md) or [636](/usc/10/636.md) of this title who is serving in a [grade](/usc/10/101.md?p=b-7) above major general or rear admiral may have his retirement deferred and be continued on [active duty](/usc/10/101.md?p=d-1) by the President.
  - (3) Any deferral of retirement and continuation on [active duty](/usc/10/101.md?p=d-1) under this subsection shall be for a period not to exceed five years, except as provided under section [1251](/usc/10/1251.md) or [1253](/usc/10/1253.md) of this title.
- (c) Continuation of an [officer](/usc/10/101.md?p=b-1) on [active duty](/usc/10/101.md?p=d-1) under this section pursuant to the action of a selection board convened under [section 611(b) of this title](/usc/10/611.md?p=b) is subject to the approval of the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned. The period of the continuation on [active duty](/usc/10/101.md?p=d-1) of an [officer](/usc/10/101.md?p=b-1) under this section may be reduced by the [Secretary concerned](/usc/10/2801.md?p=c-5) in the case of any [officer](/usc/10/101.md?p=b-1) as provided in [section 638a of this title](/usc/10/638a.md).
- (d) For purposes of this section, a period of continuation on [active duty](/usc/10/101.md?p=d-1) under this section expires or is completed on the earlier of (1) the date originally established for the termination of such period, or (2) the date established for the termination of such period by any shortening of such period under [section 638a of this title](/usc/10/638a.md).
- (e) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations for the administration of this section.

## Source credit

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–22, § 4(e), July 10, 1981, 95 Stat. 127; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title XIV, § 1405(15), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 101–510, div. A, title V, § 521(b)(1), Nov. 5, 1990, 104 Stat. 1561; Pub. L. 110–181, div. A, title V, § 504, Jan. 28, 2008, 122 Stat. 95; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(K), Jan. 1, 2021, 134 Stat. 3821.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (a)(2). Pub. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.

2018—Subsec. (a)(5). Pub. L. 115–232 substituted “section 7311, 8323, or 9311” for “section 3911, 6323, or 8911” in concluding provisions.

2008—Subsec. (b)(3). Pub. L. 110–181 substituted “except as provided under section 1251 or 1253 of this title” for “but such period may not (except as provided under section 1251(b) of this title) extend beyond the date of the officer’s sixty-second birthday”.

1990—Subsec. (c). Pub. L. 101–510, § 521(b)(1)(A), inserted at end “The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section 638a of this title.”

Subsecs. (d), (e). Pub. L. 101–510, § 521(b)(1)(B), (C), added subsec. (d) and redesignated former subsec. (d) as (e).

1985—Subsec. (b)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.

1984—Subsec. (a)(2). Pub. L. 98–525, § 1405(15)(A), substituted “20” for “twenty”.

Subsec. (a)(3). Pub. L. 98–525, § 1405(15)(B), substituted “24” for “twenty-four”.

1981—Subsec. (b)(1). Pub. L. 97–22, § 4(e)(1), substituted “section 633 or 634” for “section 633, 634, 635, or 636”.

Subsec. (b)(2). Pub. L. 97–86 substituted “commodore” for “commodore admiral”.

Pub. L. 97–22, § 4(e)(2), inserted provision that an officer subject to retirement under section 635 or 636 of this title who is serving in the grade of brigadier general, commodore admiral, major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned and struck out requirement that the deferral of the retirement of an officer subject to retirement under section 635 or 636 of this title serving in a grade above major general or rear admiral was subject to the needs of the service.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 of this title.

### Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

### Transition Provisions Under Defense Officer Personnel Management Act

For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title.