Section 710 - Career flexibility to enhance retention of members(a) PROGRAMS AUTHORIZED.-Each Secretary of a military department may carry out programs under which members of the regular components or of the Space Force and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.(b) PERIOD OF INACTIVATION FROM ACTIVE SERVICE; EFFECT OF INACTIVATION.-(1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.(2) Any service by a Reserve officer, or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title, while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.(3) Any period of participation of a member in a program under this section shall not count toward-(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or(B) computation of retired or retainer pay under chapter 71 or 1223 of this title.(c) AGREEMENT.-Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of an armed force during the period of the inactivation of the member from active service under the program or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status.(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.(3) Following completion of the period of the inactivation of the member from active service under the program, to serve one month as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.(d) CONDITIONS OF RELEASE.-The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.(e) ORDER TO ACTIVE SERVICE.-Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.(f) PAY AND ALLOWANCES.-(1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.(2)(A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.(3)(A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program-(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).(B)(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph-(I) such pay or bonus is no longer authorized by law; or(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.(ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.(C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.(D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).(4)(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 452 of title 37 for-(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.(B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.(5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.(g) PROMOTION.-(1)(A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36, 1405, or 2005 of this title.(B) Upon the return of an officer to active service after completion by the officer of participation in a program-(i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that-(A) begins on the date of the inactivation of the member from active service under the program; and(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.(h) CONTINUED ENTITLEMENTS.-A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of-(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title;(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title;(3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title;(4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37; and(5) the eligibility of the member for general benefits as provided in part II of title 38.Added Pub. L. 115-232, div. A, title V, §551(a), Aug. 13, 2018, 132 Stat. 1766; amended Pub. L. 116-92, div. A, title VI, §602, Dec. 20, 2019, 133 Stat. 1423; Pub. L. 116-283, div. A, title IX, §924(b)(18), Jan. 1, 2021, 134 Stat. 3823; Pub. L. 117-81, div. A, title V, §521, Dec. 27, 2021, 135 Stat. 1686; Pub. L. 117-263, div. A, title VI, §626(c)(1), Dec. 23, 2022, 136 Stat. 2628; Pub. L. 118-31, div. A, title XVII, §1722(d)(3), Dec. 22, 2023, 137 Stat. 670.EDITORIAL NOTES
AMENDMENTS2023-Subsec. (a). Pub. L. 118-31, §1722(d)(3)(A), inserted "or of the Space Force" after "regular components". Subsec. (b)(2). Pub. L. 118-31, §1722(d)(3)(B), which directed amendment of par. (2) by inserting ",or a Space Force officer in a space force active status not on active duty under section 20105(b) of this title," after "officer", was executed by making the insertion after "officer" the first place appearing, to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 118-31, §1722(d)(3)(C), inserted before period at end "or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a space force active status".Subsec. (g)(1)(A). Pub. L. 118-31, §1722(d)(3)(D), substituted "chapter 36, 1405, or 2005" for "chapter 36 or 1405".2022-Subsec. (f)(4)(A). Pub. L. 117-263, §626(c)(1)(A), substituted "section 452" for "section 474". Subsec. (h)(4). Pub. L. 117-263, §626(c)(1)(B), substituted "section 453(f)" for "section 481f". 2021-Subsec. (c)(1). Pub. L. 116-283 substituted "an armed force" for "the armed force concerned".Subsec. (c)(3). Pub. L. 117-81 substituted "one month" for "two months". 2019-Subsec. (h)(3) to (5). Pub. L. 116-92 added pars. (3) to (5).
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active Guard and Reserve duty
- The term "active Guard and Reserve duty" means active duty performed by a member of a reserve component of the Army, Navy, Air Force, or Marine Corps, or full-time National Guard duty performed by a member of the National Guard pursuant to an order to full-time National Guard duty, for a period of 180 consecutive days or more for the purpose of organizing, administering, recruiting, instructing, or training the reserve components.
- active duty for a period of more than 30 days
- The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- enlisted member
- The term "enlisted member" means a person in an enlisted grade.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- space force active status
- The term "space force active status" means the status of a member of the Space Force who is not in a space force inactive status and is not retired.
- sustained duty
- The term "sustained duty" means full-time duty by a member of the Space Force ordered to such duty by an authority designated by the Secretary of the Air Force-(A) in the case of an officer-(i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or(ii) with the consent of the officer; and(B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member's enlistment or reenlistment agreement.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.