§2128. Recall to active duty with consent of officer

(a) Any regular officer on the retired list may, with that officer's consent, be assigned to such duties as that officer may be able to perform.

(b) The number of retired officers on active duty in the grade of lieutenant commander, commander, or captain shall not exceed 2 percent of the authorized number of officers on active duty in each such grade. However, this limitation does not apply to retired officers of these grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189 , §332; amended Pub. L. 89–444, §1(18), June 9, 1966, 80 Stat. 196 ; Pub. L. 91–278, §1(9), June 12, 1970, 84 Stat. 305 ; Pub. L. 102–241, §14, Dec. 19, 1991, 105 Stat. 2213 ; renumbered §2128, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216 .)

Editorial Notes

Amendments

2018-Pub. L. 115–282 renumbered section 332 of this title as this section.

1991-Subsec. (a). Pub. L. 102–241, §14(b), substituted "that officer's" for "his" and "that officer" for "he".

Subsec. (b). Pub. L. 102–241, §14(a), substituted "2" for "1".

1970-Subsec. (a). Pub. L. 91–278 struck out prohibition against recall to duty in time of peace of any officer on retired list who reached age of sixty-two years.

1966-Subsec. (b). Pub. L. 89–444 provided that the percentage limitation on the number of retired officers on active duty in the grade of lieutenant commander, commander, or captain should not apply to retired officers of those grades recalled to serve as members of courts, boards, panels, surveys, or special projects for periods not to exceed one year.