---
kind: "section"
citation: "10 U.S.C. § 649h"
title: "10"
title_heading: "Armed Forces"
number: "649h"
heading: "Continuation on active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/649h"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter VI — Alternative Promotion Authority for Officers in Designated Competitive Categories"
---

# §649h. Continuation on active duty

- (a) **In General.—** An [officer](/usc/10/101.md?p=b-1) subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on [active duty](/usc/10/101.md?p=d-1) if the [officer](/usc/10/101.md?p=b-1) is selected for continuation on [active duty](/usc/10/101.md?p=d-1) in accordance with this section by a selection board convened under [section 611(b) of this title](/usc/10/611.md?p=b).
- (b) **Identification of Positions for Officers Continued on Active Duty.—**
  - (1) **In general.—** [Officers](/usc/10/101.md?p=b-1) may be selected for continuation on [active duty](/usc/10/101.md?p=d-1) pursuant to this section only for assignment to positions identified by 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 for which vacancies exist or are anticipated to exist.
  - (2) **Identification.—** Before convening a selection board pursuant to [section 611(b) of this title](/usc/10/611.md?p=b) for purposes of selection of [officers](/usc/10/101.md?p=b-1) for continuation on [active duty](/usc/10/101.md?p=d-1) pursuant to this section, 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 shall specify for purposes of the board the positions identified by the [Secretary](/usc/10/4951.md?p=3) to which [officers](/usc/10/101.md?p=b-1) selected for continuation on [active duty](/usc/10/101.md?p=d-1) may be assigned.
- (c) **Recommendation for Continuation.—** A selection board may recommend an [officer](/usc/10/101.md?p=b-1) for continuation on [active duty](/usc/10/101.md?p=d-1) pursuant to this section only if the board determines that the [officer](/usc/10/101.md?p=b-1) is qualified for assignment to one or more positions identified pursuant to [subsection (b)](#b) on the basis of skills, knowledge, and behavior required of an [officer](/usc/10/101.md?p=b-1) to perform successfully in such position or positions.
- (d) **Approval of Secretary of Military Department.—** 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 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.
- (e) **Nonacceptance of Continuation.—** An [officer](/usc/10/101.md?p=b-1) who is selected for continuation on [active duty](/usc/10/101.md?p=d-1) pursuant to this section, but who declines to continue on [active duty](/usc/10/101.md?p=d-1), shall be discharged or retired, as appropriate, in accordance with [section 632 of this title](/usc/10/632.md).
- (f) **Period of Continuation.—**
  - (1) **In general.—** An [officer](/usc/10/101.md?p=b-1) continued on [active duty](/usc/10/101.md?p=d-1) pursuant to this section shall remain on [active duty](/usc/10/101.md?p=d-1), and serve in the position to which assigned (or in another position to which assigned with 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), for a total of not more than three years after the date of assignment to the position to which first so assigned.
  - (2) **Additional continuation.—** An [officer](/usc/10/101.md?p=b-1) whose continued service pursuant to this section would otherwise expire pursuant to [paragraph (1)](#f-1) may be continued on [active duty](/usc/10/101.md?p=d-1) if selected for continuation on [active duty](/usc/10/101.md?p=d-1) in accordance with this section before the date of expiration pursuant to that paragraph.
- (g) **Effect of Expiration of Continuation.—** Each [officer](/usc/10/101.md?p=b-1) continued on [active duty](/usc/10/101.md?p=d-1) pursuant to this subsection who is not selected for continuation on [active duty](/usc/10/101.md?p=d-1) pursuant to [subsection (f)(2)](#f-2) at the completion of the [officer](/usc/10/101.md?p=b-1)’s term of continued service shall, unless sooner discharged or retired under another provision of law—
  - (1) be discharged upon the expiration of the term of continued service; or
  - (2) if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the [officer](/usc/10/101.md?p=b-1) completes the term of continued service.
- (h) **Treatment of Discharge or Retirement.—** The discharge or retirement of an [officer](/usc/10/101.md?p=b-1) pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.

## Source credit

(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1747.)