---
kind: "section"
citation: "10 U.S.C. § 710"
title: "10"
title_heading: "Armed Forces"
number: "710"
heading: "Career flexibility to enhance retention of members"
release: "119-102"
url: "https://uscodex.org/usc/10/710"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 40 — Leave"
---

# §710. Career flexibility to enhance retention of members

- (a) **Programs Authorized.—**
  - (1) Each Secretary of a military [department](/usc/10/101.md?p=a-6) may carry out programs under which [members](/usc/10/1408.md?p=a-5) of the [regular](/usc/10/101.md?p=b-12) components or of the Space Force and [members](/usc/10/1408.md?p=a-5) on [Active Guard and Reserve duty](/usc/10/101.md?p=d-6-A) of the [armed forces](/usc/10/101.md?p=a-4) under the jurisdiction of such Secretary may be inactivated from [active service](/usc/10/101.md?p=d-3) in order to meet personal or professional needs and returned to [active service](/usc/10/101.md?p=d-3) at the end of such period of inactivation from [active service](/usc/10/101.md?p=d-3).
  - (2) Notwithstanding [subsection (b)(1)](#b-1), if the Secretary of a military [department](/usc/10/101.md?p=a-6) carries out a program under [paragraph (1)](#a-1), such Secretary shall, pursuant to this section, inactivate a [member](/usc/10/1408.md?p=a-5) who completes a detail under [section 2004c of this title](/usc/10/2004c.md) upon the completion of such detail for such period of time as the Secretary determines appropriate so such [member](/usc/10/1408.md?p=a-5) may perform religious ministry that meets professional requirements for appointment as a chaplain in the military [department](/usc/10/101.md?p=a-6) concerned.
- (b) **Period of Inactivation From Active Service; Effect of Inactivation.—**
  - (1) The period of inactivation from [active service](/usc/10/101.md?p=d-3) under a program under this section of a [member](/usc/10/1408.md?p=a-5) participating in the program shall be such period as the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall specify in the agreement of the [member](/usc/10/1408.md?p=a-5) under [subsection (c)](#c), except that such period may not exceed three years.
  - (2) Any service by a [Reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1), or a Space Force [officer](/usc/10/101.md?p=b-1) in a [space force active status](/usc/10/101.md?p=e-1) not on [active duty](/usc/10/101.md?p=d-1) under [section 20105(b) of this title](/usc/10/20105.md?p=b), while participating in a program under this section shall be excluded from computation of the total years of service of that [officer](/usc/10/101.md?p=b-1) pursuant to [section 14706(a) of this title](/usc/10/14706.md?p=a).
  - (3) Any period of participation of a [member](/usc/10/1408.md?p=a-5) in a program under this section shall not count toward—
    - (A) eligibility for retirement or transfer to the Ready [Reserve](/usc/10/101.md?p=c-6) under either chapter 571 or [1223](/usc/10/chstE-ptII-ch1223.md) of this title; or
    - (B) computation of retired or retainer [pay](/usc/10/101.md?p=a-15) under chapter [71](/usc/10/chstA-ptII-ch71.md) or [1223](/usc/10/chstE-ptII-ch1223.md) of this title.
- (c) **Agreement.—** Each [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) who participates in a program under this section shall enter into a written agreement with the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned under which agreement that [member](/usc/10/1408.md?p=a-5) shall agree as follows:
  - (1) To accept an appointment or enlist, as applicable, and serve in the Ready [Reserve](/usc/10/101.md?p=c-6) of an armed force during the period of the inactivation of the [member](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3) under the program or, in the case of a [member](/usc/10/1408.md?p=a-5) of the Space Force on [sustained duty](/usc/10/101.md?p=e-4), to accept release from [sustained duty](/usc/10/101.md?p=e-4) orders and to serve in a [space force active status](/usc/10/101.md?p=e-1).
  - (2) To undergo during the period of the inactivation of the [member](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3) under the program such inactive service training as the [Secretary concerned](/usc/10/101.md?p=a-9) shall require in order to ensure that the [member](/usc/10/1408.md?p=a-5) retains proficiency, at a level determined by the [Secretary concerned](/usc/10/101.md?p=a-9) to be sufficient, in the military skills, professional qualifications, and physical readiness of the [member](/usc/10/1408.md?p=a-5) during the inactivation of the [member](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3).
  - (3) Following completion of the period of the inactivation of the [member](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3) under the program, to serve one month as a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) on [active service](/usc/10/101.md?p=d-3) for each month of the period of the inactivation of the [member](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3) 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)](#c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a [member](/usc/10/1408.md?p=a-5) on the obligations to be assumed by the [member](/usc/10/1408.md?p=a-5) under [paragraph (2)](#c-2) of such subsection while the [member](/usc/10/1408.md?p=a-5) is released from [active service](/usc/10/101.md?p=d-3).
- (e) **Order to Active Service.—** Under regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned, a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) 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](/usc/10/101.md?p=d-3).
- (f) **Pay and Allowances.—**
  - (1) During each month of participation in a program under this section, a [member](/usc/10/1408.md?p=a-5) who participates in the program shall be paid basic [pay](/usc/10/101.md?p=a-15) in an amount equal to two-thirtieths of the amount of monthly basic [pay](/usc/10/101.md?p=a-15) to which the [member](/usc/10/1408.md?p=a-5) would otherwise be entitled under [section 204 of title 37](/usc/37/204.md) as a [member](/usc/10/1408.md?p=a-5) of the [uniformed services](/usc/10/101.md?p=a-5) on [active service](/usc/10/101.md?p=d-3) in the [grade](/usc/10/101.md?p=b-7) and years of service of the [member](/usc/10/1408.md?p=a-5) when the [member](/usc/10/1408.md?p=a-5) commences participation in the program.
  - (2)
    - (A) A [member](/usc/10/1408.md?p=a-5) who participates in a program shall not, while participating in the program, be paid any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus to which the [member](/usc/10/1408.md?p=a-5) is otherwise entitled under an agreement under [chapter 5](/usc/37/ch5.md) of title 37 that is in force when the [member](/usc/10/1408.md?p=a-5) commences participation in the program.
    - (B) The inactivation from [active service](/usc/10/101.md?p=d-3) of a [member](/usc/10/1408.md?p=a-5) participating in a program shall not be treated as a failure of the [member](/usc/10/1408.md?p=a-5) to perform any period of service required of the [member](/usc/10/1408.md?p=a-5) in connection with an agreement for a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus under [chapter 5](/usc/37/ch5.md) of title 37 that is in force when the [member](/usc/10/1408.md?p=a-5) commences participation in the program.
  - (3)
    - (A) Subject to [subparagraph (B)](#f-3-B), upon the return of a [member](/usc/10/1408.md?p=a-5) to [active service](/usc/10/101.md?p=d-3) after completion by the [member](/usc/10/1408.md?p=a-5) of participation in a program—
      - (i) any agreement entered into by the [member](/usc/10/1408.md?p=a-5) under [chapter 5](/usc/37/ch5.md) of title 37 for the payment of a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus that was in force when the [member](/usc/10/1408.md?p=a-5) 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](/usc/10/1408.md?p=a-5) commenced participation in the program; and
      - (ii) any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus shall be payable to the [member](/usc/10/1408.md?p=a-5) in accordance with the terms of the agreement concerned for the term specified in [clause (i)](#f-3-A-i).
    - (B)
      - (i) [Subparagraph (A)](#f-3-A) shall not apply to any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by that subparagraph with respect to a [member](/usc/10/1408.md?p=a-5) if, at the time of the return of the [member](/usc/10/1408.md?p=a-5) to [active service](/usc/10/101.md?p=d-3) as described in that subparagraph—
        - (I) such [pay](/usc/10/101.md?p=a-15) or bonus is no longer authorized by law; or
        - (II) the [member](/usc/10/1408.md?p=a-5) does not satisfy eligibility criteria for such [pay](/usc/10/101.md?p=a-15) or bonus as in effect at the time of the return of the [member](/usc/10/1408.md?p=a-5) to [active service](/usc/10/101.md?p=d-3).
      - (ii) [Subparagraph (A)](#f-3-A) shall cease to apply to any special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by that subparagraph with respect to a [member](/usc/10/1408.md?p=a-5) if, during the term of the revived agreement of the [member](/usc/10/1408.md?p=a-5) under [subparagraph (A)(i)](#f-3-A-i), such [pay](/usc/10/101.md?p=a-15) or bonus ceases being authorized by law.
    - (C) A [member](/usc/10/1408.md?p=a-5) who is ineligible for payment of a special or incentive [pay](/usc/10/101.md?p=a-15) or bonus otherwise covered by this paragraph by reason of [subparagraph (B)(i)(II)](#f-3-B-i-II) shall be subject to the requirements for repayment of such [pay](/usc/10/101.md?p=a-15) or bonus in accordance with the terms of the applicable agreement of the [member](/usc/10/1408.md?p=a-5) under [chapter 5](/usc/37/ch5.md) of title 37.
    - (D) Any service required of a [member](/usc/10/1408.md?p=a-5) under an agreement covered by this paragraph after the [member](/usc/10/1408.md?p=a-5) returns to [active service](/usc/10/101.md?p=d-3) as described in [subparagraph (A)](#f-3-A) shall be in addition to any service required of the [member](/usc/10/1408.md?p=a-5) under an agreement under [subsection (c)](#c).
  - (4)
    - (A) Subject to [subparagraph (B)](#f-4-B), a [member](/usc/10/1408.md?p=a-5) 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](/usc/37/452.md) for—
      - (i) travel performed from the residence of the [member](/usc/10/1408.md?p=a-5), at the time of release from [active service](/usc/10/101.md?p=d-3) to participate in the program, to the location in the [United States](/usc/10/101.md?p=a-1) designated by the [member](/usc/10/1408.md?p=a-5) as his residence during the period of participation in the program; and
      - (ii) travel performed to the residence of the [member](/usc/10/1408.md?p=a-5) upon return to [active service](/usc/10/101.md?p=d-3) at the end of the participation of the [member](/usc/10/1408.md?p=a-5) in the program.
    - (B) An allowance is payable under this paragraph only with respect to travel of a [member](/usc/10/1408.md?p=a-5) to and from a single residence.
  - (5) A [member](/usc/10/1408.md?p=a-5) who participates in a program is entitled to carry forward the leave balance existing as of the day on which the [member](/usc/10/1408.md?p=a-5) begins participation and accumulated in accordance with [section 701 of this title](/usc/10/701.md), but not to exceed 60 days.
- (g) **Promotion.—**
  - (1)
    - (A) An [officer](/usc/10/101.md?p=b-1) participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter [36](/usc/10/chstA-ptII-ch36.md), [1405](/usc/10/chstE-ptIII-ch1405.md), or [2005](/usc/10/chstF-ptI-ch2005.md) of this title.
    - (B) Upon the return of an [officer](/usc/10/101.md?p=b-1) to [active service](/usc/10/101.md?p=d-3) after completion by the [officer](/usc/10/101.md?p=b-1) of participation in a program—
      - (i) the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall adjust the date of [rank](/usc/10/101.md?p=b-8) of the [officer](/usc/10/101.md?p=b-1) in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and
      - (ii) the [officer](/usc/10/101.md?p=b-1) shall be eligible for consideration for promotion when [officers](/usc/10/101.md?p=b-1) of the same competitive category, [grade](/usc/10/101.md?p=b-7), and seniority are eligible for consideration for promotion.
  - (2) An [enlisted member](/usc/10/101.md?p=b-6) 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](/usc/10/1408.md?p=a-5) from [active service](/usc/10/101.md?p=d-3) under the program; and
    - (B) ends at such time after the return of the [member](/usc/10/1408.md?p=a-5) to [active service](/usc/10/101.md?p=d-3) under the program that the [member](/usc/10/1408.md?p=a-5) is treatable as eligible for promotion by reason of time in [grade](/usc/10/101.md?p=b-7) and such other requirements as the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall prescribe in regulations for purposes of the program.
- (h) **Continued Entitlements.—** A [member](/usc/10/1408.md?p=a-5) participating in a program under this section shall, while participating in the program, be treated as a [member](/usc/10/1408.md?p=a-5) of the [armed forces](/usc/10/101.md?p=a-4) on [active duty for a period of more than 30 days](/usc/10/101.md?p=d-2) for purposes of—
  - (1) the entitlement of the [member](/usc/10/1408.md?p=a-5) and of the [dependents](/usc/10/987.md?p=i-2) of the [member](/usc/10/1408.md?p=a-5) to medical and dental care under the provisions of [chapter 55](/usc/10/chstA-ptII-ch55.md) of this title;
  - (2) retirement or separation for physical disability under the provisions of chapters [55](/usc/10/chstA-ptII-ch55.md) and [61](/usc/10/chstA-ptII-ch61.md) of this title;
  - (3) the entitlement of the [member](/usc/10/1408.md?p=a-5) and of the survivors of the [member](/usc/10/1408.md?p=a-5) to all death benefits under the provisions of [chapter 75](/usc/10/chstA-ptII-ch75.md) of this title;
  - (4) the provision of all travel and transportation allowances for the survivors of deceased [members](/usc/10/1408.md?p=a-5) to attend burial ceremonies under [section 453(f) of title 37](/usc/37/453.md?p=f); and
  - (5) the eligibility of the [member](/usc/10/1408.md?p=a-5) for general benefits as provided in part II of [title 38](/usc/38.md).

## Source credit

(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; Pub. L. 119–60, div. A, title V, § 504(a), Dec. 18, 2025, 139 Stat. 855.)

## Notes

### Editorial Notes

### Amendments

2025—Subsec. (a). Pub. L. 119–60 designated existing provisions as par. (1) and added par. (2).

2023—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).