10 USC § 12308 - Retention after becoming qualified for retired pay

---
identifier: "/us/usc/t10/s12308"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12308 - Retention after becoming qualified for retired pay"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12308"
section_name: "Retention after becoming qualified for retired pay"
chapter_number: 1209
chapter_name: "ACTIVE DUTY"
part_number: "II"
part_name: "PERSONNEL GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 676; renumbered § 12308 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(6), Oct. 5, 1994, 108 Stat. 2992, 3017.)"
---


# § 12308. Retention after becoming qualified for retired pay

section 12732(b) of this title

Any person who has qualified for retired pay under chapter 1223 of this title may, with his consent and by order of the Secretary concerned, be retained on active duty, or in service in a reserve component other than that listed in . A member so retained shall be credited with that service for all purposes.

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 29, § 676; renumbered § 12308 and amended Pub. L. 103–337, div. A, title XVI, §§ 1662(e)(2), 1675(c)(6), Oct. 5, 1994, 108 Stat. 2992, 3017.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 676 | 10:1036a(e).34:440i(e). | June 29, 1948, ch. 708, § 302(e), 62 Stat. 1088. |

The words “active duty, or in service, in a reserve component other than that listed in ” are inserted to reflect the words “Federal service”, as used in Title III of the source statute. The words “that service for all purposes” are substituted for 10:1036a(e) (last 11 words) and 34:440i(e) (last 11 words). The words “upon attaining the age of sixty years” are omitted as surplusage.

## Editorial Notes

### Amendments

1994—, substituted “1223” for “67” and “12732(b)” for “1332(b)”.

, renumbered  as this section.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by  effective , except as otherwise provided, see , set out as an Effective Date note under .