---
kind: "section"
citation: "10 U.S.C. § 689"
title: "10"
title_heading: "Armed Forces"
number: "689"
heading: "Retired members: grade in which ordered to active duty and upon release from active duty"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/689"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 39 — Active Duty"
---

# §689. Retired members: grade in which ordered to active duty and upon release from active duty

- (a) **General Rule for Grade in Which Ordered to Active Duty.—** Except as provided in subsections [(b)](#b) and [(c)](#c), a retired member ordered to [active duty](/usc/10/101.md?p=d-1) under section [688](/usc/10/688.md) or [688a](/usc/10/688a.md) of this title shall be ordered to [active duty](/usc/10/101.md?p=d-1) in the member’s retired [grade](/usc/10/101.md?p=b-7).
- (b) **Members Retired in O–9 and O–10 Grades.—** A retired member ordered to [active duty](/usc/10/101.md?p=d-1) under section [688](/usc/10/688.md) or [688a](/usc/10/688a.md) of this title whose retired [grade](/usc/10/101.md?p=b-7) is above the [grade](/usc/10/101.md?p=b-7) of major general or rear admiral shall be ordered to [active duty](/usc/10/101.md?p=d-1) in the highest permanent [grade](/usc/10/101.md?p=b-7) held by such member while serving on [active duty](/usc/10/101.md?p=d-1).
- (c) **Members Who Previously Served in Grade Higher Than Retired Grade.—**
  - (1) A retired member ordered to [active duty](/usc/10/101.md?p=d-1) under section [688](/usc/10/688.md) or [688a](/usc/10/688a.md) of this title who has previously served on [active duty](/usc/10/101.md?p=d-1) satisfactorily, as determined 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, in a [grade](/usc/10/101.md?p=b-7) higher than that member’s retired [grade](/usc/10/101.md?p=b-7) may be ordered to [active duty](/usc/10/101.md?p=d-1) in the highest [grade](/usc/10/101.md?p=b-7) in which the member had so served satisfactorily, except that such a member may not be so ordered to [active duty](/usc/10/101.md?p=d-1) in a [grade](/usc/10/101.md?p=b-7) above major general or rear admiral.
  - (2) A retired member ordered to [active duty](/usc/10/101.md?p=d-1) in a [grade](/usc/10/101.md?p=b-7) that is higher than the member’s retired [grade](/usc/10/101.md?p=b-7) pursuant to [subsection (a)](#a) shall be treated for purposes of [section 690 of this title](/usc/10/690.md) as if the member was promoted to that higher [grade](/usc/10/101.md?p=b-7) while on that tour of [active duty](/usc/10/101.md?p=d-1).
  - (3) If, upon being released from that tour of [active duty](/usc/10/101.md?p=d-1), such a retired member has served on [active duty](/usc/10/101.md?p=d-1) satisfactorily, as determined by the [Secretary concerned](/usc/10/2801.md?p=c-5), for not less than a total of 36 months in a [grade](/usc/10/101.md?p=b-7) that is a higher [grade](/usc/10/101.md?p=b-7) than the member’s retired [grade](/usc/10/101.md?p=b-7), the member is entitled to placement on the retired list in that [grade](/usc/10/101.md?p=b-7).
- (d) **Grade Upon Release From Active Duty.—** A member ordered to [active duty](/usc/10/101.md?p=d-1) under section [688](/usc/10/688.md) or [688a](/usc/10/688a.md) of this title who, while on [active duty](/usc/10/101.md?p=d-1), is promoted to a [grade](/usc/10/101.md?p=b-7) that is higher than that member’s retired [grade](/usc/10/101.md?p=b-7) is entitled, upon that member’s [release](/usc/10/2700.md?p=2) from that tour of [active duty](/usc/10/101.md?p=d-1), to placement on the retired list in the highest [grade](/usc/10/101.md?p=b-7) in which the member served on [active duty](/usc/10/101.md?p=d-1) satisfactorily, as determined 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 not less than six months.

## Source credit

(Added Pub. L. 104–201, div. A, title V, § 521(a), Sept. 23, 1996, 110 Stat. 2516; amended Pub. L. 107–314, div. A, title V, § 503(b)(1), Dec. 2, 2002, 116 Stat. 2531.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 689 was renumbered section 12320 of this title.

Provisions similar to those in this section were contained in section 688(b) and (d) of this title prior to repeal by Pub. L. 104–201, § 521(a).

### Amendments

2002—Subsecs. (a), (b), (c)(1), (d). Pub. L. 107–314 inserted “or 688a” after “section 688”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Sept. 30, 1997, see section 521(b) of Pub. L. 104–201, set out as a note under section 688 of this title.

### Applicability

Pub. L. 107–314, div. A, title V, § 503(b)(2), Dec. 2, 2002, 116 Stat. 2531, provided that: “The provisions of section 689(d) of title 10, United States Code, shall apply with respect to an officer ordered to active duty under section 501 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 589) before the date of the enactment of this Act [Dec. 2, 2002] in the same manner as such provisions apply to an officer ordered to active duty under section 688 of such title.”