§2309. Recall to active duty with consent of member

Any enlisted member on the retired list may, with his consent, be assigned to such duties as he may be able to perform, except that no enlisted member on the retired list who has reached the age of sixty-two years shall be recalled in time of peace.

(Aug. 4, 1949, ch. 393, 63 Stat. 522 , §360; Aug. 3, 1950, ch. 536, §19, 64 Stat. 407 ; Pub. L. 98–557, §15(a)(3)(A), (4)(B)(i), Oct. 30, 1984, 98 Stat. 2865 ; renumbered §2309, Pub. L. 115–282, title I, §113(b), Dec. 4, 2018, 132 Stat. 4221 .)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., §185c (May 24, 1939, ch. 146, §4, 53 Stat. 755 ).

This section was changed so as to make provisions for enlisted men parallel to similar provisions for commissioned and warrant officers (see §§241 and 311 of the revised title). It seems fair and equitable that similar provisions should apply to all classes of personnel insofar as practicable. 81st Congress, House Report No. 557.

Editorial Notes

Amendments

2018-Pub. L. 115–282 renumbered section 360 of this title as this section.

1984-Pub. L. 98–557 substituted "member" for "man" in section catchline, and in text substituted reference to enlisted member for reference to enlisted man in two places.

1950-Act Aug. 3, 1950, struck out all references to pay.