---
kind: "section"
citation: "10 U.S.C. § 710"
title: "10"
title_heading: "Armed Forces"
number: "710"
heading: "Career flexibility to enhance retention of members"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/710"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 40 — Leave"
---

# §710. Career flexibility to enhance retention of members

- (a) **Programs Authorized.—**
  - (1) Each [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may carry out [programs](/usc/10/2101.md?p=1) under which members of the [regular](/usc/10/101.md?p=b-12) [components](/usc/10/3011.md?p=13) or of the Space Force and members on [Active Guard and Reserve duty](/usc/10/101.md?p=d-6-A) of the [armed forces](/usc/10/101.md?p=a-4) under the jurisdiction of such [Secretary](/usc/10/4951.md?p=3) may be inactivated from [active service](/usc/10/101.md?p=d-3) in order to meet personal or professional needs and returned to [active service](/usc/10/101.md?p=d-3) at the end of such period of inactivation from [active service](/usc/10/101.md?p=d-3).
  - (2) Notwithstanding [subsection (b)(1)](#b-1), if the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) carries out a [program](/usc/10/2101.md?p=1) under [paragraph (1)](#a-1), such [Secretary](/usc/10/4951.md?p=3) shall, pursuant to this section, inactivate a member who completes a detail under [section 2004c of this title](/usc/10/2004c.md) upon the completion of such detail for such period of time as the [Secretary](/usc/10/4951.md?p=3) determines appropriate so such member may perform religious ministry that meets professional requirements for appointment as a chaplain in the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned.
- (b) **Period of Inactivation From Active Service; Effect of Inactivation.—**
  - (1) The period of inactivation from [active service](/usc/10/101.md?p=d-3) under a [program](/usc/10/2101.md?p=1) under this section of a member participating in the [program](/usc/10/2101.md?p=1) shall be such period as 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 in the agreement of the member under [subsection (c)](#c), except that such period may not exceed three years.
  - (2) Any service by a [Reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1), or a Space Force [officer](/usc/10/101.md?p=b-1) in a [space force active status](/usc/10/101.md?p=e-1) not on [active duty](/usc/10/101.md?p=d-1) under [section 20105(b) of this title](/usc/10/20105.md?p=b), while participating in a [program](/usc/10/2101.md?p=1) under this section shall be excluded from computation of the total years of service of that [officer](/usc/10/101.md?p=b-1) pursuant to [section 14706(a) of this title](/usc/10/14706.md?p=a).
  - (3) Any period of participation of a member in a [program](/usc/10/2101.md?p=1) under this section shall not count toward—
    - (A) eligibility for retirement or transfer to the Ready [Reserve](/usc/10/101.md?p=c-6) under either chapter 571 or [1223](/usc/10/chstE/ptII/ch1223.md) of this title; or
    - (B) computation of retired or retainer [pay](/usc/10/101.md?p=a-15) under chapter [71](/usc/10/chstA/ptII/ch71.md) or [1223](/usc/10/chstE/ptII/ch1223.md) of this title.
- (c) **Agreement.—** Each member of the [armed forces](/usc/10/101.md?p=a-4) who participates in a [program](/usc/10/2101.md?p=1) under this section shall enter into a written agreement with 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 under which agreement that member shall agree as follows:
  - (1) To accept an appointment or enlist, as applicable, and serve in the Ready [Reserve](/usc/10/101.md?p=c-6) of an armed force during the period of the inactivation of the member from [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1) or, in the case of a member of the Space Force on [sustained duty](/usc/10/101.md?p=e-4), to accept [release](/usc/10/2700.md?p=2) from [sustained duty](/usc/10/101.md?p=e-4) orders and to serve in a [space force active status](/usc/10/101.md?p=e-1).
  - (2) To undergo during the period of the inactivation of the member from [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1) such inactive service [training](/usc/10/301.md?p=9) as the [Secretary concerned](/usc/10/2801.md?p=c-5) shall require in order to ensure that the member retains proficiency, at a level determined by the [Secretary concerned](/usc/10/2801.md?p=c-5) to be sufficient, in the [military](/usc/10/801.md?p=8) skills, professional qualifications, and physical readiness of the member during the inactivation of the member from [active service](/usc/10/101.md?p=d-3).
  - (3) Following completion of the period of the inactivation of the member from [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1), to serve one month as a member of the [armed forces](/usc/10/101.md?p=a-4) on [active service](/usc/10/101.md?p=d-3) for each month of the period of the inactivation of the member from [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1).
- (d) **Conditions of Release.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations specifying the guidelines regarding the conditions of [release](/usc/10/2700.md?p=2) that must be considered and addressed in the agreement required by [subsection (c)](#c). At a minimum, the [Secretary](/usc/10/4951.md?p=3) shall prescribe the procedures and [standards](/usc/10/3011.md?p=3) to be used to instruct a member on the obligations to be assumed by the member under [paragraph (2)](#c-2) of such subsection while the member is released from [active service](/usc/10/101.md?p=d-3).
- (e) **Order to Active Service.—** Under regulations prescribed 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, a member of the [armed forces](/usc/10/101.md?p=a-4) participating in a [program](/usc/10/2101.md?p=1) under this section may, in the discretion of such [Secretary](/usc/10/4951.md?p=3), be required to terminate participation in the [program](/usc/10/2101.md?p=1) and be ordered to [active service](/usc/10/101.md?p=d-3).
- (f) **Pay and Allowances.—**
  - (1) During each month of participation in a [program](/usc/10/2101.md?p=1) under this section, a member who participates in the [program](/usc/10/2101.md?p=1) shall be paid basic [pay](/usc/10/101.md?p=a-15) in an amount equal to two-thirtieths of the amount of monthly basic [pay](/usc/10/101.md?p=a-15) to which the member would otherwise be entitled under [section 204 of title 37](/usc/37/204.md) as a member of the [uniformed services](/usc/10/1072.md?p=1) on [active service](/usc/10/101.md?p=d-3) in the [grade](/usc/10/101.md?p=b-7) and years of service of the member when the member commences participation in the [program](/usc/10/2101.md?p=1).
  - (2)
    - (A) A member who participates in a [program](/usc/10/2101.md?p=1) shall not, while participating in the [program](/usc/10/2101.md?p=1), be paid any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus to which the member is otherwise entitled under an agreement under [chapter 5](/usc/37/chch5.md) of title 37 that is in force when the member commences participation in the [program](/usc/10/2101.md?p=1).
    - (B) The inactivation from [active service](/usc/10/101.md?p=d-3) of a member participating in a [program](/usc/10/2101.md?p=1) shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus under [chapter 5](/usc/37/chch5.md) of title 37 that is in force when the member commences participation in the [program](/usc/10/2101.md?p=1).
  - (3)
    - (A) Subject to [subparagraph (B)](#f-3-B), upon the return of a member to [active service](/usc/10/101.md?p=d-3) after completion by the member of participation in a [program](/usc/10/2101.md?p=1)—
      - (i) any agreement entered into by the member under [chapter 5](/usc/37/chch5.md) of title 37 for the payment of a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus that was in force when the member commenced participation in the [program](/usc/10/2101.md?p=1) shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the [program](/usc/10/2101.md?p=1); and
      - (ii) any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in [clause (i)](#f-3-A-i).
    - (B)
      - (i) [Subparagraph (A)](#f-3-A) shall not apply to any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to [active service](/usc/10/101.md?p=d-3) as described in that subparagraph—
        - (I) such [pay](/usc/10/101.md?p=a-15) or bonus is no longer authorized by law; or
        - (II) the member does not satisfy eligibility criteria for such [pay](/usc/10/101.md?p=a-15) or bonus as in effect at the time of the return of the member to [active service](/usc/10/101.md?p=d-3).
      - (ii) [Subparagraph (A)](#f-3-A) shall cease to apply to any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under [subparagraph (A)(i)](#f-3-A-i), such [pay](/usc/10/101.md?p=a-15) or bonus ceases being authorized by law.
    - (C) A member who is ineligible for payment of a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by this paragraph by reason of [subparagraph (B)(i)(II)](#f-3-B-i-II) shall be subject to the requirements for repayment of such [pay](/usc/10/101.md?p=a-15) or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
    - (D) Any service required of a member under an agreement covered by this paragraph after the member returns to [active service](/usc/10/101.md?p=d-3) as described in [subparagraph (A)](#f-3-A) shall be in addition to any service required of the member under an agreement under [subsection (c)](#c).
  - (4)
    - (A) Subject to [subparagraph (B)](#f-4-B), a member who participates in a [program](/usc/10/2101.md?p=1) is entitled, while participating in the [program](/usc/10/2101.md?p=1), to the travel and transportation allowances authorized by [section 452 of title 37](/usc/37/452.md) for—
      - (i) travel performed from the residence of the member, at the time of [release](/usc/10/2700.md?p=2) from [active service](/usc/10/101.md?p=d-3) to participate in the [program](/usc/10/2101.md?p=1), to the location in the [United States](/usc/10/101.md?p=a-1) designated by the member as his residence during the period of participation in the [program](/usc/10/2101.md?p=1); and
      - (ii) travel performed to the residence of the member upon return to [active service](/usc/10/101.md?p=d-3) at the end of the participation of the member in the [program](/usc/10/2101.md?p=1).
    - (B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
  - (5) A member who participates in a [program](/usc/10/2101.md?p=1) is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with [section 701 of this title](/usc/10/701.md), but not to exceed 60 days.
- (g) **Promotion.—**
  - (1)
    - (A) An [officer](/usc/10/101.md?p=b-1) participating in a [program](/usc/10/2101.md?p=1) under this section shall not, while participating in the [program](/usc/10/2101.md?p=1), be eligible for consideration for promotion under chapter [36](/usc/10/chstA/ptII/ch36.md), [1405](/usc/10/chstE/ptIII/ch1405.md), or [2005](/usc/10/chstF/ptI/ch2005.md) of this title.
    - (B) Upon the return of an [officer](/usc/10/101.md?p=b-1) to [active service](/usc/10/101.md?p=d-3) after completion by the [officer](/usc/10/101.md?p=b-1) of participation in a [program](/usc/10/2101.md?p=1)—
      - (i) 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 adjust the date of [rank](/usc/10/101.md?p=b-8) of the [officer](/usc/10/101.md?p=b-1) in such manner as the [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe in regulations for purposes of this section; and
      - (ii) the [officer](/usc/10/101.md?p=b-1) shall be eligible for consideration for promotion when [officers](/usc/10/101.md?p=b-1) of the same competitive category, [grade](/usc/10/101.md?p=b-7), and seniority are eligible for consideration for promotion.
  - (2) An [enlisted member](/usc/10/101.md?p=b-6) participating in a [program](/usc/10/2101.md?p=1) shall not be eligible for consideration for promotion during the period that—
    - (A) begins on the date of the inactivation of the member from [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1); and
    - (B) ends at such time after the return of the member to [active service](/usc/10/101.md?p=d-3) under the [program](/usc/10/2101.md?p=1) that the member is treatable as eligible for promotion by reason of time in [grade](/usc/10/101.md?p=b-7) and such other requirements as 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 prescribe in regulations for purposes of the [program](/usc/10/2101.md?p=1).
- (h) **Continued Entitlements.—** A member participating in a [program](/usc/10/2101.md?p=1) under this section shall, while participating in the [program](/usc/10/2101.md?p=1), be treated as a member of the [armed forces](/usc/10/101.md?p=a-4) on [active duty for a period of more than 30 days](/usc/10/101.md?p=d-2) for purposes of—
  - (1) the entitlement of the member and of the [dependents](/usc/10/1072.md?p=2) of the member to medical and dental care under the provisions of [chapter 55](/usc/10/chstA/ptII/ch55.md) of this title;
  - (2) retirement or separation for physical disability under the provisions of chapters [55](/usc/10/chstA/ptII/ch55.md) and [61](/usc/10/chstA/ptII/ch61.md) of this title;
  - (3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of [chapter 75](/usc/10/chstA/ptII/ch75.md) of this title;
  - (4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under [section 453(f) of title 37](/usc/37/453.md?p=f); and
  - (5) the eligibility of the member for general benefits as provided in part II of title 38.

## Source credit

(Added Pub. L. 115–232, div. A, title V, § 551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116–92, div. A, title VI, § 602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116–283, div. A, title IX, § 924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117–81, div. A, title V, § 521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117–263, div. A, title VI, § 626(c)(1), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118–31, div. A, title XVII, § 1722(d)(3), Dec. 22, 2023, 137 Stat. 670; Pub. L. 119–60, div. A, title V, § 504(a), Dec. 18, 2025, 139 Stat. 855.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (a). Pub. L. 119–60 designated existing provisions as par. (1) and added par. (2).

2023—Subsec. (a). Pub. L. 118–31, § 1722(d)(3)(A), inserted “or of the Space Force” after “regular components”.

Subsec. (b)(2). Pub. L. 118–31, § 1722(d)(3)(B), which directed amendment of par. (2) by inserting “, or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title,” after “officer”, was executed by making the insertion after “officer” the first place appearing, to reflect the probable intent of Congress.

Subsec. (c)(1). Pub. L. 118–31, § 1722(d)(3)(C), inserted before period at end “or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status”.

Subsec. (g)(1)(A). Pub. L. 118–31, § 1722(d)(3)(D), substituted “chapter 36, 1405, or 2005” for “chapter 36 or 1405”.

2022—Subsec. (f)(4)(A). Pub. L. 117–263, § 626(c)(1)(A), substituted “section 452” for “section 474”.

Subsec. (h)(4). Pub. L. 117–263, § 626(c)(1)(B), substituted “section 453(f)” for “section 481f”.

2021—Subsec. (c)(1). Pub. L. 116–283 substituted “an armed force” for “the armed force concerned”.

Subsec. (c)(3). Pub. L. 117–81 substituted “one month” for “two months”.

2019—Subsec. (h)(3) to (5). Pub. L. 116–92 added pars. (3) to (5).