Us Code § 12308 - Retention after becoming qualified for retired pay

Full text of Us Code United States Code § 12308 — Retention after becoming qualified for retired pay, with citation guidance and answers to common questions.

§ 12308. Retention after becoming qualified for retired pay

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 section 12732(b) of this title. A member so retained shall be credited with that service for all purposes.

(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.)

Historical and Revision Notes
Revised sectionSource (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 section 1332(b) of this title" 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—Pub. L. 103–337, §1675(c)(6), substituted "1223" for "67" and "12732(b)" for "1332(b)".

Pub. L. 103–337, §1662(e)(2), renumbered section 676 of this title as this section.


Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

About This Section

10 U.S.C. § 12308 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 10 U.S.C. § 12308. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Source: official Us Code text · Last verified 2026-08-27

Frequently Asked Questions About Us Code § 12308

What does United States Code § 12308 cover?

Section 12308 ("Retention after becoming qualified for retired pay") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 12308?

A common citation format is "United States Code § 12308" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 12308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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