10 USC § 12737 - Limitation on active duty

---
identifier: "/us/usc/t10/s12737"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12737 - Limitation on active duty"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12737"
section_name: "Limitation on active duty"
chapter_number: 1223
chapter_name: "RETIRED PAY FOR NON-REGULAR SERVICE"
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. 104, § 1337; renumbered § 12737 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)"
---


# § 12737. Limitation on active duty

A member of the armed forces may not be ordered to active duty solely for the purpose of qualifying the member for retired pay under this chapter.

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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 104, § 1337; renumbered § 12737 and amended Pub. L. 103–337, div. A, title XVI, § 1662(j)(1), Oct. 5, 1994, 108 Stat. 2998, 3003.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1337 | 10:1036h.34:440p. | June 29, 1948, ch. 708, § 309, 62 Stat. 1090. |

10:1036h (1st sentence) and 34:440p (1st sentence) are omitted as surplusage. The words “member of the armed forces” are substituted for the word “person”, since only a member may be “ordered to active duty”.

## Editorial Notes

### Amendments

1994— renumbered  as this section and amended text generally, substituting “the member” for “him”.

## 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 .