WHAT THE LAW DOINCongress, in plain words

The law › Title 10, Armed Forces › Chapter 36

10 U.S.C. 638a: Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges

Created in 1990 by Public Law 101-510. Changed by 13 later laws. 1 new law this Congress changed it.

2 other sections of the Code cite this one, including 10 U.S.C. 637, 10 U.S.C. 638.

This Congress

  • S. 1071 National Defense Authorization Act for Fiscal Year 2026 · became law · changed (a)

How it got here

2018

  • Pub. L. 115–232 substituted "section 7311, 8323, or 9311" for "section 3911, 6323, or 8911". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (b), (e)

2017

  • Pub. L. 115–91, §503(1), added par. (1) and struck out former par. (1) which read as follows: "In the case of an action under subsection (b)(2), the Secretary of the military department concerned shall specify the number of officers described in that subsection which a selection boa… (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
  • Pub. L. 115–91, §503(2), added par. (2) and struck out former par. (2) which read as follows: "The Secretary concerned shall specify the total number of officers to be recommended for discharge by a selection board convened pursuant to subsection (b)(3). That number may not be more … (National Defense Authorization Act for Fiscal Year 2018) Law text · (d)

2016

  • Pub. L. 114–328, §508(b), substituted "December 31, 2025" for "December 31, 2018". (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
  • Pub. L. 114–328, §506(1), added par. (4). (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)
  • Pub. L. 114–328, §506(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). (National Defense Authorization Act for Fiscal Year 2017) Law text · (e), (f)

2015

  • Pub. L. 114–92 substituted "officers considered." for "officers considered— (National Defense Authorization Act for Fiscal Year 2016) Law text · (d)

2014

  • Pub. L. 113–291 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: "The total number of officers described in subsection (b)(3) from any of the armed forces (or from any of the armed forces in a particular grade)… (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (d)

2013

  • Pub. L. 112–239, §502(1), designated existing provisions as par. (1), struck out ", during the period beginning on October 1, 1990, and ending on December 31, 2001, and for the purpose of subsection (b)(4) during the period beginning on October 1, 2006, and ending on December 31, 2012,… (National Defense Authorization Act for Fiscal Year 2013) Law text · (a)
  • Pub. L. 113–66, §503(a)(1), substituted "have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion" for "would be subject to consideration for selection for early retirement under section 638(a)(1)(A) of this … (National Defense Authorization Act for Fiscal Year 2014) Law text · (b)
  • Pub. L. 113–66, §503(a)(2), substituted "have served on active duty in that grade for at least two years and whose names are not on a list of officers recommended for promotion" for "would be subject to consideration for selection for early retirement under section 638(a)(1)(B) o… (National Defense Authorization Act for Fiscal Year 2014) Law text · (b)
  • Pub. L. 112–239, §502(2), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "Suspending section 638(c) of this title." (National Defense Authorization Act for Fiscal Year 2013) Law text · (b), (4)
  • Pub. L. 112–239, §502(3), added par. (4). (National Defense Authorization Act for Fiscal Year 2013) Law text · (c)
  • Pub. L. 112–239, §502(4), substituted "subsection (b)(3)" for "subsection (b)(4)" wherever appearing and "except that through December 31, 2018," for "except that during the period beginning on October 1, 2006, and ending on December 31, 2012," in subpars. (A) and (B) of par. (2). (National Defense Authorization Act for Fiscal Year 2013) Law text · (d)

2006

  • Pub. L. 109–364, §623(b)(1), inserted "and for the purpose of subsection (b)(4) during the period beginning on October 1, 2006, and ending on December 31, 2012," after "December 31, 2001,". (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a)
  • Pub. L. 109–364, §623(b)(2)(A), inserted ", except that during the period beginning on October 1, 2006, and ending on December 31, 2012, such number may be more than 30 percent of the officers considered in each competitive category, but may not be more than 30 percent of the num… (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (d)
  • Pub. L. 109–364, §623(b)(2)(B), inserted ", except that during the period beginning on October 1, 2006, and ending on December 31, 2012, such number may be more than 30 percent of the officers considered in each competitive category, but may not be more than 30 percent of the num… (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (d)

2000

  • Pub. L. 106–398 substituted "December 31, 2001" for "September 30, 2001". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)

1998

  • Pub. L. 105–261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (a)

1993

  • Pub. L. 103–160 substituted "nine-year period" for "five-year period". · (a)

1992

  • Pub. L. 102–484, §4403(g)(2), inserted "(other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993)" after "any provision of law". · (b)
  • Pub. L. 102–484, §503, added par. (3). · (c)

1991

  • Pub. L. 102–190, §503(b)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "Officers holding a regular grade below the grade of colonel or, in the case of the Navy, captain who are not eligible for retirement under section 3911, 6323, or 8911 of … · (b)
  • Pub. L. 102–190, §503(b)(2), designated existing provisions as par. (1) and added par. (2). · (c)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.