---
kind: "section"
citation: "10 U.S.C. § 639"
title: "10"
title_heading: "Armed Forces"
number: "639"
heading: "Continuation on active duty to complete disciplinary action"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/639"
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"
---

# §639. Continuation on active duty to complete disciplinary action


When any action has been commenced against an [officer](/usc/10/101.md?p=b-1) with a view to trying such [officer](/usc/10/101.md?p=b-1) by court-martial and such [officer](/usc/10/101.md?p=b-1) is to be separated or retired in accordance with this chapter, 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 may delay the separation or retirement of the [officer](/usc/10/101.md?p=b-1), without prejudice to such action, until the completion of the action.


## Source credit

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2866.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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.