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10 U.S. Code § 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.

(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.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)




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

1994—Pub. L. 103–337 renumbered section 1337 of this title as this section and amended text generally, substituting “the member” for “him”.

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.