§ 637. Selection of regular officers for continuation on active duty
(a)
(1)
An officer subject to discharge or retirement in accordance with section
632 of this title may, subject to the needs of the service, be continued on active duty if he is selected for continuation on active duty by a selection board convened under section
611
(b) of this title.
(2)
An officer who holds the regular grade of captain in the Army, Air Force, or Marine Corps, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with section
632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 20 years of active commissioned service unless he is promoted to the regular grade of major or lieutenant commander, respectively.
(3)
An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section
632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes 24 years of active commissioned service unless he is promoted to the regular grade of lieutenant colonel or commander, respectively.
(4)
An officer who is selected for continuation on active duty under this subsection but declines to continue on active duty shall be discharged, retired, or retained on active duty, as appropriate, in accordance with section
632 of this title.
(5)
Each officer who is continued on active duty under this subsection, is not subsequently promoted or continued on active duty, and is not on a list of officers recommended for continuation or for promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law—
(B)
if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service.
Notwithstanding the provisions of clause (A), any officer who would otherwise be discharged under such clause and is within two years of qualifying for retirement under section
3911,
6323, or
8911 of this title, shall unless he is sooner retired or discharged under some other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired.
(b)
(1)
An officer subject to retirement under section
633 or
634 of this title may, subject to the needs of the service, have his retirement deferred and be continued on active duty if he is selected for continuation on active duty by a selection board convened under section
611
(b) of this title.
(2)
An officer subject to retirement under section
635 or
636 of this title who is serving in the grade of brigadier general, rear admiral (lower half), major general, or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the Secretary concerned. An officer subject to retirement under section
635 or
636 of this title who is serving in a grade above major general or rear admiral may have his retirement deferred and be continued on active duty by the President.
(c)
Continuation of an officer on active duty under this section pursuant to the action of a selection board convened under section
611
(b) of this title is subject to the approval of the Secretary of the military department concerned. The period of the continuation on active duty of an officer under this section may be reduced by the Secretary concerned in the case of any officer as provided in section
638a of this title.
(d)
For purposes of this section, a period of continuation on active duty under this section expires or is completed on the earlier of
(2)
the date established for the termination of such period by any shortening of such period under section
638a of this title.