§ 601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 title I § 105 · 94 Stat. 2835

   Enacted · 10 U.S.C. § 601

   Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849

   Source evidence

   Code source credit
   Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849

   Enacted provision · exact public law section
   Sec. 105. temporary appointments in officer grades and promotion, separation, and involuntary retirement of officers on the active-duty list Part II of subtitle A is amended by redesignating chapter 35 as chapter 10 USC prec. 591. 34 and by inserting after such chapter the following new chapters: “CHAPTER 35— TEMPORARY APPOINTMENTS IN OFFICER GRADES “Sec “601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals. “602. Warrant officers: temporary promotions. “603. Commissioned officer grades: time of war or national emergency. “§601. Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals “(a) The President may designate positions of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, or Marine Corps who is serving on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Senate. Except as provided in subsection (b), the appointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the officer to that position. “(b) If the assignment of an officer who is serving in a position designated to carry the grade of general, admiral, lieutenant general, or vice admiral is terminated— “(1) by the assignment of such officer to another position designated to carry one of those grades, such officer shall hold, during the period beginning on the day of that termination and ending on the day before the day on which he assumes the other position, the grade that he held on the day before the termination; “(2) by the hospitalization of such officer, such officer shall Hospitalization. hold, during the period beginning on the day of that termination and ending on the day he is discharged from the hospital, but not for more than 180 days, the grade that he held on the day before the termination; or “(3) by the retirement of such officer, such officer shall hold, Retirement. during the period beginning on the day of that termination and ending on the day before his retirement, but not for more than 90 days, the grade that he held on the day before the termination. “(c) (1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer. “(2) An officer serving in a grade above major general or rear Promotion. admiral who holds the permanent grade of brigadier general or commodore admiral shall be considered for promotion to the permanent grade of major general or rear admiral, as appropriate, as if he were serving in his permanent grade. “§ 602. Warrant officers: temporary promotions “A warrant officer serving on active duty in the Army, Navy, Air Force, or Marine Corps may be given a temporary appointment to a higher warrant officer grade under such regulations as the Secretary of the military department concerned may prescribe. “§603. Commissioned officer grades: time of war or national emergency “(a) In time of war, or of national emergency declared by the Congress or the President after November 30, 1980, the President may appoint any qualified person (whether or not already a member of the armed forces) to any commissioned officer grade in the Army, Navy, Air Force, or Marine Corps, except that appointments under this section may not be made in warrant officer grades or in grades above major general or rear admiral. Appointments under this section shall be made by the President alone. “(b) Any appointment under this section is a temporary appointment and may be vacated by the President at any time. “(c) (1) Any person receiving an original appointment under this section is entitled to service credit as authorized under section 533 of Ante, p. 2846. this title. “(2) An appointment under this section of a person who is not on active duty becomes effective when that person begins active duty under that appointment. “(d) An appointment under this section does not change the permanent status of a member of the armed forces so appointed. A member who is appointed under this section shall not incur any reduction in the pay and allowances to which the member was entitled, by virtue of his permanent status, at the time of his appointment under this section. “(e) (1) An officer who receives an appointment to a higher grade under this section is considered to have accepted such appointment on the date of the order announcing the appointment unless he expressly declines the appointment. “(2) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this section. “(f) Unless sooner terminated, an appointment under this section terminates— “(1) on the second anniversary of the appointment; “(2) at the end of the six-month period beginning on the last day of the war or national emergency during which the appointment was made; or “(3) on the date the person appointed is released from active duty; whichever is earliest. “CHAPTER 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST “Subchapter ”I. Selection Boards “II. Promotions “III. Failure of Selection for Promotion and Retirement for Years of Service “IV. Continuation on Active Duty and Selective Early Retirement “V. Additional Provisions Relating to Promotion, Separation, and Retirement “SUBCHAPTER I— SELECTION BOARDS “Sec. “611. Convening of selection boards. “612. Composition of selection boards. “613. Oath of members of selection boards. “614. Notice of convening of selection boards; communications with boards. “615. Information furnished to selection boards. “616. Recommendations for promotion by selection boards. “617. Reports of selection boards. “618. Action on reports of selection boards. “§611. Convening of selection boards “(a) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require, shall convene selection boards to recommend for promotion to the next higher permanent Post, p. 2854. grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, or Marine Corps and from lieutenant (junior grade) through commodore admiral in the Navy. “(b) Under regulations prescribed by the Secretary of Defense, the Secretary of the military department concerned, whenever the needs of the service require, may convene selection boards to recommend officers for continuation on active duty under section 637 of this title Post, p. 2863. or for early retirement under section 638 of this title. Post, p. 2864. “§612. Composition of selection boards “(a) (1) Members of selection boards shall be appointed by the Secretary of the military department concerned in accordance with this section. A selection board shall consist of five or more officers who are on the active-duty list of the same armed force as the officers under consideration by the board. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major or lieutenant commander. “(2) A selection board shall include at least one officer from each competitive category of officers to be considered by the board. “(3) When reserve officers of an armed force are to be considered Reserve officers. by a selection board, the membership of the board shall include at least one reserve officer of that armed force, except that in the case of a board which is considering officers in the grade of colonel or brigadier general or, in the case of officers of the Navy, captain or commodore admiral, no reserve officer need be included if there are no reserve officers of that armed force on active duty in the next higher grade. “(4) Except as provided in paragraph (3), if qualified officers on the Retired officers. active-duty list are not available in sufficient numbers to comprise a selection board, the Secretary of the military department concerned shall complete the membership of the board by appointing as members of the board retired officers of the same armed force who hold a retired grade higher than the grade of the officers under consideration by the board. A retired general or flag officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. “(b) No officer may be a member of two successive selection boards for the consideration of officers of the same competitive category and grade. “§613. Oath of members of selection boards “Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of officers and the efficiency of his armed force. “§614. Notice of convening of selection boards; communications with boards “(a) At least 30 days before a selection board is convened under section 611(a) of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary concerned (1) shall notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification, or (2) shall issue a general written notice to the armed force concerned regarding the convening of the board, the names of the officers eligible for consideration by the board as of the date of the notification, the convening date of the board, and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. “(b) An officer eligible for consideration by a selection board convened under section 611(a) of this title may send a written communication to the board, to arrive not later than the date the board convenes, calling attention to any matter concerning himself that the officer considers important to his case. The selection board shall give consideration to any timely communication under this subsection. “§615. Information furnished to selection boards “The Secretary of the military department concerned shall furnish each selection board convened under section 611(a) of this title with— “(1) the maximum number, as determined in accordance with section 622 of this title, of officers in each competitive category under consideration that the board may recommend for promotion to the next higher grade; “(2) the names of all officers in each competitive category to be considered by the board for promotion; “(3) the pertinent records (as determined by the Secretary) of each officer whose name is furnished to the board; “(4) information relating to the needs of the armed force concerned for officers having particular skills; and “(5) such other information and guidelines as may be necessary to enable the board to properly perform its functions. “§616. Recommendations for promotion by selection boards “(a) A selection board convened under section 611(a) of this title shall recommend for promotion to the next higher grade those officers considered by the board whom the board, giving due consideration to the needs of the armed force concerned for officers with particular skills, considers best qualified for promotion within each competitive category considered by the board. “(b) The Secretary of the military department concerned shall establish the number of officers such a selection board may recommend for promotion from among officers being considered from below the promotion zone in any competitive category. Such number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary of Defense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense determines that the needs of the service so require. If the number determined under this subsection is less than one, the board may recommend one such officer. The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers which the board is authorized under section 615 of this title to recommend for promotion. “(c) A selection board convened under section 611(a) of this title may not recommend an officer for promotion unless— “(1) the officer receives the recommendation of a majority of the members of the board; and “(2) a majority of the members of the board finds that the officer is fully qualified for promotion. “(d) Except as otherwise provided by law, an officer on the active-duty list may not be promoted to a higher grade under this chapter unless he is considered and recommended for promotion to that grade by a selection board convened under this chapter. “§617. Reports of selection boards “(a) Each selection board convened under section 611(a) of this title Submittal to Secretary. shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing a list of the names of the officers it recommends for promotion and certifying (1) that the board has carefully considered the record of each officer whose name was furnished to it under section 615 of this title, and (2) that, in the opinion of a majority of the members of the board, the officers recommended for promotion by the board are best qualified for promotion to meet the needs of the armed force concerned among those officers whose names were furnished to the selection board. “(b) A selection board convened under section 611(a) of this title Active-duty retention. shall include in its report to the Secretary concerned the name of any regular officer before it for consideration for promotion whose record, in the opinion of a majority of the members of the board, indicates that the officer should be required under chapter 60 of this title to Post, p. 2872. show cause for his retention on active duty. “§618. Action on reports of selection boards “(a) If, after reviewing the report of a selection board submitted to him under section 617(a) of this title, the Secretary of the military department concerned determines that the board has acted contrary to law or regulation, the Secretary shall return the report to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this subsection, the selection board (or a subsequent selection board convened under section 611(a) of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report and shall resubmit the report, as revised, to the Secretary in accordance with section 617 of this title. “(b) (1) After his final review of the report of a selection board, the Submittal to Defense Secretary; transmittal to President. Active-duty retention. Post, p. 2872. Secretary concerned shall submit the report, with his recommendations thereon, to the Secretary of Defense for transmittal to the President for his approval, modification, or disapproval. “(2) The Secretary concerned may submit to a board of officers convened under section 1181 of this title the name of any officer who is named in the report of a selection board as having a record which indicates that the officer should be required to show cause for his retention on active duty. “(c) The name of an officer recommended for promotion by a selection board may be removed from the report of the selection board only by the President. “(d) Upon approval by the President of the report of a selection board, the names of the officers recommended for promotion by the selection board (other than any name removed by the President) may be disseminated to the armed force concerned. If such names have not been sooner disseminated, such names (other than the name of any officer whose promotion the Senate failed to confirm) shall be promptly disseminated to the armed force concerned upon confirmation by the Senate. “(e) Except as authorized or required by this section, proceedings of a selection board convened under section 611(a) of this title may not be disclosed to any person not a member of the board. “SUBCHAPTER II— PROMOTIONS “Sec. “619. Eligibility for consideration for promotion. “620. Active-duty lists. “621. Competitive categories for promotion. “622. Numbers to be recommended for promotion. “623. Establishment of promotion zones. “624. Promotions: how made. “625. Authority to vacate promotions to grades of brigadier general and commodore admiral. “626. Acceptance of promotions; oath of office. “§ 619. Eligibility for consideration for promotion “(a) (1) An officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in the grade of ensign or lieutenant (junior grade) may not be promoted to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment: “(A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign. “(B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade). “(2) Subject to paragraph (4), an officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in a grade above lieutenant (junior grade) may not be considered for selection for promotion to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment: “(A) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or of an officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander. “(B) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of colonel or brigadier general or of an officer of the Navy holding a permanent appointment in the grade of captain or commodore admiral. “(3) When the needs of the service require, the Secretary of the military department concerned may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. “(4) The Secretary of the military department concerned may Waiver. waive paragraph (2) to the extent necessary to assure that officers described in clause (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. “(5) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. “(b) An officer who has failed of selection for promotion to the next Continued eligibility. higher grade remains eligible for consideration for promotion to that grade as long as he continues on active duty in other than a retired status and is not promoted. “(c) (1) Each time a selection board is convened under section 611(a) of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. “(2) The Secretary of the military department concerned— “(A) may, by regulation, prescribe procedures to limit the officers to be considered by a selection board— “(i) from below the promotion zone; or “(ii) in the case of a selection board to recommend officers for promotion to the grade of brigadier general or commodore admiral, to those officers who are determined to be exceptionally well qualified for promotion; and “(B) may, by regulation, prescribe criteria for determining which officers below the promotion zone or in the grades of colonel and, in the case of officers of the Navy, captain are exceptionally well qualified for promotion. “(d) A selection board convened under section 611(a) of this title Exceptions. may not consider for promotion to the next higher grade— “(1) an officer whose name is on a promotion list for that grade as a result of his selection for promotion to that grade by an earlier selection board convened under that section; or “(2) an officer of the Navy or Marine Corps who is an officer designated for limited duty and who holds a grade above lieutenant commander or major. “§620. Active-duty lists “(a) The Secretary of the military department concerned shall maintain a single list of all officers (other than officers described in section 641 of this title) who are on active duty for each armed force Post, p. 2866. under his jurisdiction (other than the Coast Guard when it is operating as a service in the Navy). “(b) Officers shall be carried on the active-duty list of the armed force of which they are members in the order of seniority of the grade in which they are serving on active duty. Officers serving in the same grade shall be carried in the order of their rank in that grade. “(c) An officer whose position on the active-duty list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the active-duty list that he would have held if he had not received that appointment or assignment. “§621. Competitive categories for promotion “Under regulations prescribed by the Secretary of Defense, the Secretary of each military department shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. “§ 622. Numbers to be recommended for promotion “Before convening a selection board under section 611(a) of this title for any grade and competitive category, the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, shall determine (1) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, and (3) the number of officers authorized by the Secretary of the military department concerned to serve on active duty in the grade and competitive category under consideration. Based on such determinations, the Secretary of the military department concerned shall determine the maximum number of officers in such competitive category which the selection board may recommend for promotion. “§ 623. Establishment of promotion zones “(a) Before convening a selection board under section 611(a) of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. “(b) The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for Estimate. promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— “(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; “(2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; “(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and “(4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. “§624. Promotions: how made “(a) (1) When the report of a selection board convened under section 611(a) of this title is approved by the President, or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President, the Secretary of the military department concerned shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the active-duty list. “(2) Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. “(b) (1) A regular officer who is promoted under this section is appointed in the regular grade to which promoted and a reserve officer who is promoted under this section is appointed in the reserve grade to which promoted. “(2) The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. Post, p. 2869. “(c) Appointments under this section shall be made by the President, Presidential appointment. by and with the advice and consent of the Senate, except that appointments in the grade of first lieutenant or lieutenant (junior grade) under this section shall be made by the President alone. “(d) (1) The Secretary concerned may delay the appointment of an Appointment delay. officer under this section if— “(A) sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and such charges have not been disposed of; “(B) an investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer; “(C) a board of officers has been convened under chapter 60 of this title to review the record of the officer; or “(D) a criminal proceeding in a Federal or State court is pending against the officer. If no disciplinary action is taken against the officer, if the charges Retention on list. against the officer are withdrawn or dismissed, if the officer is not ordered removed from active duty by the Secretary concerned under chapter 60 of this title, or if the officer is acquitted of the charges Post, p. 2872. brought against him, as the case may be, the officer shall be retained on the promotion list and shall, upon promotion to the next higher grade, have the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the active-duty list as he would have had if no delay had intervened. “(2) The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that there is cause to believe that the officer is mentally, physically, morally, or professionally unqualified to perform the duties of the grade for which he was selected for promotion. If the Secretary concerned later determines that the officer is qualified for promotion to such grade, the officer shall, upon such promotion, have the same date of rank, the same effective date for pay and allowances in the higher grade to which appointed, and the same position on the active-duty list as he would have had if no delay had intervened. “(3) The appointment of an officer may not be delayed under this subsection unless the officer has been given written notice of the grounds for the delay. An officer whose promotion has been delayed under this subsection shall be afforded an opportunity to make a written statement to the Secretary concerned in response to the action taken by the Secretary. Any such statement shall be given careful consideration by the Secretary. “(4) An appointment of an officer may not be delayed under the subsection for more than six months after the date on which the officer would otherwise have been appointed unless the Secretary concerned specifies a further period of delay. An officer’s appointment may not be delayed more than 90 days after final action has been taken in any criminal case against such officer in a Federal or State court, more than 90 days after final action has been taken in any court-martial case against such officer, or more than 18 months after the date on which such officer would otherwise have been appointed, whichever is later. “§625. Authority to vacate promotions to grades of brigadier general and commodore admiral “(a) The President may vacate the promotion to the grade of brigadier general or commodore admiral of an officer who has served less than 18 months in that grade after promotion to that grade under this chapter. “(b) An officer of the Army, Air Force, or Marine Corps whose promotion is vacated under this section holds the regular grade of colonel, if he is a regular officer, or the reserve grade of colonel, if he is a reserve officer. An officer of the Navy whose promotion is vacated under this section holds the regular grade of captain, if he is a regular officer, or the reserve grade of captain, if he is a reserve officer. “(c) The position on the active-duty list of an officer whose promotion is vacated under this section is the position he would have held had he not been promoted to the grade of brigadier general or commodore admiral. “§626. Acceptance of promotions; oath of office “(a) An officer who is appointed to a higher grade under section 624 of this title is considered to have accepted such appointment on the date on which the appointment is made unless he expressly declines the appointment. “(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 624 of this title. “SUBCHAPTER III— FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE “Sec. “627. Failure of selection for promotion. “628. Special selection boards. “629. Removal from a list of officers recommended for promotion. “630. Discharge of regular commissioned officers with less than five years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade). “631. Effect of failure of selection for promotion: regular first lieutenants and lieutenants (junior grade). “632. Effect of failure of selection for promotion: regular captains and majors of the Army, Air Force, and Marine Corps and regular lieutenants and lieutenant commanders of the Navy. “633. Retirement for years of service: regular lieutenant colonels and commanders. “634. Retirement for years of service: regular colonels and Navy captains. “635. Retirement for years of service: regular brigadier generals and commodore admirals. “636. Retirement for years of service: regular major generals and rear admirals. “§627. Failure of selection for promotion “An officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain who is in or above the promotion zone established for his grade and competitive category under section 623 of this title and is considered but not selected for promotion by a selection board convened under section 611(a) of this title shall be considered to have failed of selection for promotion. “§628. Special selection boards “(a) (1) In the case of an officer who is eligible for promotion who the Secretary of the military department concerned determines was not considered for selection for promotion by a selection board because of administrative error, the Secretary concerned, under regulations prescribed by the Secretary of Defense, shall convene a special selection board under this subsection (composed in accordance with section 612 of this title) to determine whether such officer should be recommended for promotion. “(2) A special selection board convened under paragraph (1) shall Officer’s record. consider the record of the officer as his record would have appeared to the board that should have considered him. That record shall be compared with a sampling of the records of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that should have considered him. “(3) If a special selection board convened under paragraph (1) does not recommend for promotion an officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain whose name was referred to it for consideration, the officer shall be considered to have failed of selection for promotion. “(b) (1) In the case of an officer who is eligible for promotion who was considered for selection for promotion by a selection board but was not selected, the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, may convene a special selection board under this subsection (composed in accordance with section 612 of this title) to determine whether such officer should be recommended for promotion if the Secretary concerned determines that— “(A) the action of the board which considered the officer was contrary to law or involved material error of fact or material administrative error; or “(B) the board did not have before it for its consideration material information. “(2) A special selection board convened under paragraph (1) shall Officer’s record. consider the record of the officer as his record, if corrected, would have appeared to the board that considered him. That record shall be compared with the records of a sampling of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that considered him. “(3) If a special selection board convened under paragraph (1) does not recommend for promotion an officer whose name was referred to it for consideration, the officer incurs no additional failure of selection for promotion. “(c) (1) Each special selection board convened under this section Report, submittal to Secretary. shall submit to the Secretary of the military department concerned a written report, signed by each member of the board, containing the name of each officer it recommends for promotion and certifying that the board has carefully considered the record of each officer whose name was referred to it. “(2) The provisions of sections 617(b) and 618 of this title apply to the report and proceedings of a special selection board convened under this section in the same manner as they apply to the report and proceedings of a selection board convened under section 611(a) of this title. “(d) (1) If the report of a special selection board convened under this section, as approved by the President, recommends for promotion to the next higher grade an officer whose name was referred to it for consideration, such officer shall, as soon as practicable, be appointed to the next higher grade in accordance with subsections (b), (c), and (d) of section 624 of this title. “(2) An officer who is promoted to the next higher grade as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as he would have had if he had been recommended for promotion to that grade by the board which should have considered, or which did consider, him. “(e) The provisions of section 613 of this title apply to members of special selection boards convened under this section. “§629. Removal from a list of officers recommended for promotion “(a) The President may remove the name of any officer from a list of officers recommended for promotion by a selection board convened under this chapter. “(b) If, after consideration of a list of officers approved for promotion by the President, the Senate does not give its advice and consent to the appointment of an officer whose name is on the list, that officer’s name shall be removed from the list. “(c) (1) An officer whose name is removed from a list under subsection (a) or (b) continues to be eligible for consideration for promotion. If he is recommended for promotion by the next selection board convened for his grade and competitive category and he is promoted, the Secretary of the military department concerned may, upon such promotion, grant him the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the active-duty list as he would have had if his name had not been so removed. “(2) If such an officer who is in a grade below the grade of colonel or, in the case of the Navy, captain is not recommended for promotion by the next selection board convened for his grade and competitive category, or if his name is again removed from the list of officers recommended for promotion, or if the Senate again does not give its advice and consent to his promotion, he shall be considered for all purposes to have twice failed of selection for promotion. “§630. Discharge of regular commissioned officers with less than five years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade) “The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense— “(1) may discharge any regular officer on the active-duty list who— “(A) has less than five years of active commissioned service; or “(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the regular grade of first lieutenant or lieutenant (junior grade); and “(2) shall, unless the officer has been promoted, discharge any officer described in clause (1)(B) at the end of the eighteen-month period beginning on the date on which the officer is first found not qualified for promotion. “§631. Effect of failure of selection for promotion: regular first lieutenants and lieutenants (junior grade) “(a) Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 5596(e) or 6383 of Post, pp. 2894, 2898, 2932. this title applies), each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of first lieutenant and has failed of selection for promotion to the regular grade of captain for the second time, and each officer of the Regular Navy who holds the regular grade of lieutenant (junior grade) and has failed of selection for promotion to the regular grade of lieutenant for the second time, whose name is not on a list of officers recommended for promotion to the next higher regular grade shall— “(1) be discharged on the date requested by him and approved Discharge. by the Secretary of the military department concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the President approves the report of the board which considered him for the second time; “(2) if he is eligible for retirement under any provision of law, Retirement. be retired under that law on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the President approves the report of the board which considered him for the second time; or “(3) if on the date on which he is to be discharged under clause Retirement, active duty status. (1) he is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, be retained on active duty until he is qualified for retirement and then be retired under that section, unless he is sooner retired or discharged under another provision of law. “(b) The retirement or discharge of an officer pursuant to this Involuntary retirement or discharge. section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. “§632. Effect of failure of selection for promotion: regular captains and majors of the Army, Air Force, and Marine Corps and regular lieutenants and lieutenant commanders of the Navy “(a) Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 5596(e) or 6383 of this Post, pp. 2894, 2898, 2932. title applies) and except as provided under section 637(a) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of captain or major, and each officer of the Regular Navy who holds the regular grade of lieutenant or lieutenant commander, who has failed of selection for promotion to the next higher regular grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher regular grade shall— “(1) be discharged on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the President approves the report of the board which considered him for the second time; “(2) if he is eligible for retirement under any provision of law, be retired under that law on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the President approves the report of the board which considered him for the second time; or “(3) if on the date on which he is to be discharged under clause (1) he is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, be retained on active duty until he is qualified for retirement and then retired under that section, unless he is sooner retired or discharged under another provision of law. “(b) The retirement or discharge of an officer pursuant to this section shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. “§633. Retirement for years of service: regular lieutenant colonels and commanders “Except an officer of the Navy and Marine Corps who is an officer designated for limited duty (to whom section 5596(e) or 6383 of this Post, pp. 2894, 2898, 2932. title applies) and except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of lieutenant colonel, and each officer of the Regular Navy who holds the regular grade of commander, who is not on a list of officers recommended for promotion to the regular grade of colonel or captain, respectively, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes twenty-eight years of active commissioned service. “§634. Retirement for years of service: regular colonels and Navy captains “Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of colonel, and each officer of the Regular Navy who holds the regular grade of captain, who is not on a list of officers recommended for promotion to the regular grade of brigadier general or commodore admiral, respectively, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes thirty years of active commissioned service. “§635. Retirement for years of service: regular brigadier generals and commodore admirals “Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of brigadier general, and each officer of the Regular Navy who holds the regular grade of commodore admiral, who is not on a list of officers recommended for promotion to the regular grade of major general or rear admiral, respectively, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes thirty years of active commissioned service, whichever is later. “§636. Retirement for years of service: regular major generals and rear admirals “Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes thirty-five years of active commissioned service, whichever is later. “SUBCHAPTER IV— CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT “Sec. “637. Selection of regular officers for continuation on active duty. “638. Selective early retirement “639. Continuation on active duty to complete disciplinary action. “640. Deferment of retirement or separation for medical reasons. “§637. Selection of regular officers for continuation on active duty “(a) (1) An officer subject to discharge or retirement in accordance Discharge or retirement. with section 632 of this title may, subject to the needs of the service, be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 611(b) of this title. “(2) An officer who holds the regular grade of captain in the Army, Air Force, or Marine Corps, or the regular grade of lieutenant in the Navy, and who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes twenty years of active commissioned service unless he is promoted to the regular grade of major or lieutenant commander, respectively. “(3) An officer who holds the regular grade of major or lieutenant commander who is subject to discharge or retirement in accordance with section 632 of this title may not be continued on active duty under this subsection for a period which extends beyond the last day of the month in which he completes twenty-four years of active commissioned service unless he is promoted to the regular grade of lieutenant colonel or commander, respectively. “(4) An officer who is selected for continuation on active duty under this subsection but declines to continue on active duty shall be discharged, retired, or retained on active duty, as appropriate, in accordance with section 632 of this title. “(5) Each officer who is continued on active duty under this subsection, is not subsequently promoted or continued on active duty, and is not on a list of officers recommended for continuation or for promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law— “(A) be discharged upon the expiration of his period of continued service; or “(B) if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service. Notwithstanding the provisions of clause (A), any officer who would otherwise be discharged under such clause and is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, shall, unless he is sooner retired or discharged under some other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired. “(6) The retirement or discharge of an officer pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law. “(b) (1) An officer subject to retirement under section 633, 634, 635, or 636 of this title may, subject to the needs of the service, have his retirement deferred and be continued on active duty if he is selected for continuation on active duty by a selection board convened under section 611(h) of this title. “(2) An officer subject to retirement under section 635 or 636 of this title who is serving in a grade above major general or rear admiral may, subject to the needs of the service, have his retirement deferred and be continued on active duty by the President. “(3) Any deferral of retirement and continuation on active duty under this subsection shall be for a period not to exceed five years, but such period may not (except as provided under section 1251(b) of this Post, p. 2875. Secretary’s approval. title) extend beyond the date of the officer’s sixty-second birthday. “(c) Continuation of an officer on active duty under this section pursuant to the action of a selection board convened under section 611(b) of this title is subject to the approval of the Secretary of the military department concerned. “(d) The Secretary of Defense shall prescribe regulations for the administration of this section. “§638. Selective early retirement “(a) A regular officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps— “(1) who holds the regular grade of lieutenant colonel or commander and has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion; “(2) who holds the regular grade of colonel or, in the case of an officer of the Navy, captain and has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion; “(3) who holds the regular grade of brigadier general or commodore admiral and has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion; or “(4) who holds the regular grade of major general or rear admiral and has served at least four years of active duty in that grade, may be considered for early retirement by a selection board convened under section 611(b) of this title. The Secretary of the military department concerned shall specify the number of officers described in clauses (1) and (2) which such a board may recommend for early retirement, but such number may not be more than 30 percent of the number of officers considered in each grade in each competitive category. “(b) (1) An officer in a grade below brigadier general or commodore admiral who is recommended for early retirement under this section and whose early retirement is approved by the Secretary concerned shall— “(A) be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement; or “(B) if the officer is not eligible for retirement under any Retirement, active duty status. 10 USC 3911, 6323, 8911. provision of law, be retained on active duty until he is qualified for retirement under section 3911, 6323, or 8911 of this title, and then be retired under that section, unless he is sooner retired or discharged under some other provision of law. “(2) An officer who holds the regular grade of brigadier general, major general, commodore admiral, or rear admiral who is recommended for early retirement under this section and whose early retirement is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approved the report of the board which recommended the officer for early retirement. “(c) So long as an officer in a grade below brigadier general or commodore admiral holds the same grade, he may not be considered for early retirement under this section more than once in any five-year period. “(d) The retirement of an officer pursuant to this section shall be Involuntary retirement. considered to be an involuntary retirement for purposes of any other provision of law. “(e) The Secretary of Defense shall prescribe regulations for the Regulations. administration of this section. Such regulations shall require that when the Secretary of the military department concerned submits a list of officers to a selection board convened under section 611(b) of this title to consider officers for selection for early retirement under this section, such list shall include each officer on the active-duty list in the same grade and competitive category whose position on the active-duty list is between that of the most junior officer in that grade and competitive category whose name is submitted to the board and that of the most senior officer in that grade and competitive category whose name is submitted to the board. “§639. Continuation on active duty to complete disciplinary action “When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action. “§640. Deferment of retirement or separation for medical reasons “The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title. “SUBCHAPTER V— ADDITIONAL PROVISIONS RELATING TO PROMOTION, SEPARATION, AND RETIREMENT “Sec. “Sec. 641. Applicability of chapter. “Sec. 642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay. “Sec. 643. Chaplains: discharge or retirement upon loss of professional qualifications. “Sec. 644. Authority to suspend officer personnel laws. “Sec. 645. Definitions. “§641. Applicability of chapter “Officers in the following categories are not subject to this chapter (other than section 640): “(1) Reserve officers— “(A) on active duty for training; “(B) on active duty under section 175, 265, 3015, 3019, 3033, 3496, 5251, 5252, 8019, 8033, or 8496 of this title or section 708 of title 32; “(C) on active duty under section 672(d) of this title or under section 502 or 503 of title 32 in connection with organizing, administering, recruiting, instructing, or training the reserve components; “(D) on active duty to pursue special work; “(E) ordered to active duty under section 673b of this title; or “(F) on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the Selective Service System. “(2) The director of admissions, dean, and permanent professors at the United States Military Academy and the registrar, dean, and permanent professors at the United States Air Force Academy. “(3) Warrant officers. “(4) Retired officers on active duty. “(5) Students at the Uniformed Services University of the Health Sciences. “§642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay “(a) An officer who is discharged under this chapter is entitled, if eligible therefor, to separation pay under section 1174 of this title. Post, p. 2870. “(b) An officer who is retired under this chapter is entitled to retired pay computed under chapter 71 of this title. 10 USC 1401 et seq. “§643. Chaplains: discharge or retirement upon loss of professional qualifications “Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired. “§644. Authority to suspend officer personnel laws “In time of war, or of national emergency declared by Congress or the President after November 30, 1980, the President may suspend the operation of any provision of this chapter or of any other law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Army, Navy, Air Force, or Marine Corps. So long as such war or national emergency continues, any such suspension may be extended by the President. Any such suspension shall, if not sooner ended, end on the last day of the two-year period beginning on the date on which the suspension (or the last extension thereof) takes effect or on the last day of the one-year period beginning on the date of the termination of the war or national emergency, whichever occurs first. With respect to the end of any such suspension, the preceding sentence supersedes the provisions of title II of the National Emergencies Act (50 U.S.C. 1621–1622) which provide that powers or authorities exercised by reason of a national emergency shall cease to be exercised after the date of the termination of the emergency. “§645. Definitions “In this chapter: “(1) ‘Promotion zone’ means a promotion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category— “(A) who— “(i) in the case of officers in grades below colonel, for officers of the Army, Air Force, and Marine Corps, or captain, for officers of the Navy, have neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed from a list of officers recommended for promotion to that grade; or “(ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air Force, and Marine Corps, or captain or commodore admiral, for officers of the Navy, have neither (I) not been recommended for promotion to the next higher grade when considered in the promotion zone, nor (II) been removed from a list of officers recommended for promotion to that grade; and “(B) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer eligible for consideration for promotion to the next higher grade in the promotion zone. “(2) ‘Officers above the promotion zone’ means a group of officers on an active-duty list in the same grade and competitive category who— “(A) are eligible for consideration for promotion to the next higher grade; “(B) are in the same grade as those officers in the promotion zone for that competitive category; and “(C) are senior to the senior officer in the promotion zone for that competitive category. “(3) ‘Officers below the promotion zone means a group of officers on the active-duty list in the same grade and competitive category who— “(A) are eligible for consideration for promotion to the next higher grade; “(B) are in the same grade as the officers in the promotion zone for that competitive category; and “(C) are junior to the junior officer in the promotion zone for that competitive category.”.

2. 1981

   Department of Defense Authorization Act, 1982

   Pub. L. 97–86 title IV § 405(b)(1) · 95 Stat. 1099

   Substituted · 10 U.S.C. § 601(c)(2)

   Pub. L. 97–86 substituted “commodore” for “commodore admiral”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 97–86 substituted “commodore” for “commodore admiral”.

   Enacted provision · exact public law section
   (1) The following sections of title 10, United States Code, are amended by striking out “admiral” after “commodore” each place it appears: 101(41), 525(a), 601(c)(2), 611(a), 612(a)(3), 619(a)(2)(B), 619(c)(2)(A)(ii), 625(a), 625(c), 634, 635, 637(b)(2), 638(a)(3), 638(b), 638(c), 645(1)(A)(ii), 5138(a), 5149(b), 5155(c), 5442, 5444, 5457(a), and 6389(f).

3. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title V § 523 · 98 Stat. 2492

   Amended · 10 U.S.C. § 601(b)

   Pub. L. 98–525 amended subsec. (b) generally, which prior to amendment had provided that if the assignment of an officer who was serving in a position designated to carry the grade of general, admiral, lieutenant general, or vice admiral was terminated (1) by the assignment of such officer to another position designated to carry one of those grades, such officers would hold, during the period beginning on the day of that termination and ending on the day before the day on which he assumed the other position, the grade that he had held on the day before the termination; (2) by the hospitalization of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day he was discharged from the hospital, but not for more than 180 days, the grade that he had held on the day before the termination; or (3) by the retirement of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day before his retirement, but not for more than 90 days, the grade that he had held on the day before the termination

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 98–525 amended subsec. (b) generally, which prior to amendment had provided that if the assignment of an officer who was serving in a position designated to carry the grade of general, admiral, lieutenant general, or vice admiral was terminated (1) by the assignment of such officer to another position designated to carry one of those grades, such officers would hold, during the period beginning on the day of that termination and ending on the day before the day on which he assumed the other position, the grade that he had held on the day before the termination; (2) by the hospitalization of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day he was discharged from the hospital, but not for more than 180 days, the grade that he had held on the day before the termination; or (3) by the retirement of such officer, such officer would hold, during the period beginning on the day of that termination and ending on the day before his retirement, but not for more than 90 days, the grade that he had held on the day before the termination.

   Enacted provision · exact public law section
   Sec. 523. clarification of senior general and flag officers continuation in grade during a change in status Section 601(b) of title 10, United States Code, is amended to read as follows: “(b) An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position of importance and responsibility designated to carry that grade shall continue to hold that grade— “(1) while serving in that position of importance and responsibility; “(2) while under orders transferring him to another position designating to carry one of those grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position; “(3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days; and “(4) while awaiting retirement, beginning on the day he is relieved from the position designated to carry one of those grades and ending on the day before his retirement, but not for more than 90 days.”.

4. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title V § 514(b)(1) · 99 Stat. 583

   Substituted · 10 U.S.C. § 601(c)(2)

   Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.

   Enacted provision · exact public law section
   (1) The following sections of title 10, United States Code, are amended by striking out “commodore” each place it appears and inserting in lieu thereof “rear admiral (lower half)”: 101(41), 525(a), 601(c)(2), 611(a), 612(a)(3), 619(a)(2)(B), 619(c)(2)(A)(ii), 625(a), 625(c), 634, 635, 637(b)(2), 638(a)(3), 638(b), 638(c), 645(1)(A)(ii), 5138(a), 5149(b), 5442, 5444, 5457(a), and 6389(f).

5. 1986

   Goldwater-Nichols Department of Defense Reorganization Act of 1986

   Pub. L. 99–433 title IV § 403 · 100 Stat. 992

   Added · 10 U.S.C. § 601(d)

   Pub. L. 99–433 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–433 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 403. CONSIDERATION OF JOINT DUTY IN SENIOR GENERAL AND FLAG OFFICER APPOINTMENTS AND ADVICE ON QUALIFICATIONS Section 601 is amended by adding at the end the following new subsection: “(d) (1) When an officer is recommended to the President for an initial appointment to the grade of lieutenant general or vice admiral, or for an initial appointment to the grade of general or admiral, the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the perform-ance of that officer as a member of the Joint Staff and in other joint duty assignments. The Secretary of Defense shall submit the Chairman’s evaluation to the President at the same time the recommendation for the appointment is submitted to the President. “(2) Whenever a vacancy occurs in a position within the Department of Defense that the President has designated as a position of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral or in an office that is designated by law to carry such a grade, the Secretary of Defense shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.”.

6. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title V § 502(a) · 105 Stat. 1290

   Substituted · 10 U.S.C. § 601(b)(4)

   Pub. L. 102–190 substituted “60 days” for “90 days”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–190 substituted “60 days” for “90 days”.

   Enacted provision · exact public law section
   (a) Reduction in Period.— Section 601(b)(4) of title 10, United States Code, is amended by striking out “90 days” and inserting in lieu thereof “60 days”.

   Effective date note
   Pub. L. 102–190, div. A, title V, § 502(b), Dec. 5, 1991, 105 Stat. 1355, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month that begins more than 90 days after the date of the enactment of this Act [Dec. 5, 1991].”

7. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 403(c)(1) · 110 Stat. 186

   Substituted · 10 U.S.C. § 601(b)

   Pub. L. 104–106, § 403(c)(1), in introductory provisions substituted “designated under subsection (a) or by law” for “of importance and responsibility designated”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 403(c)(1), in introductory provisions substituted “designated under subsection (a) or by law” for “of importance and responsibility designated”.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1), by striking out “of importance and responsibility designated” and inserting in lieu thereof “designated under subsection (a) or by law”;

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 403(c)(2) · 110 Stat. 186

   Struck · 10 U.S.C. § 601(b)(1)

   Pub. L. 104–106, § 403(c)(2), struck out “of importance and responsibility” after “position”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–106, § 403(c)(2), struck out “of importance and responsibility” after “position”.

   Enacted provision · exact public law section
   (2) in paragraph (1), by striking out “of importance and responsibility”;

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 403(c)(3) · 110 Stat. 186

   Substituted · 10 U.S.C. § 601(b)(2)

   Pub. L. 104–106, § 403(c)(3), substituted “designated under subsection (a) or by law” for “designating”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–106, § 403(c)(3), substituted “designated under subsection (a) or by law” for “designating”.

   Enacted provision · exact public law section
   (3) in paragraph (2), by striking out “designating” and inserting in lieu thereof “designated under subsection (a) or by law”; and

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 403(c)(4) · 110 Stat. 186

    Inserted · 10 U.S.C. § 601(b)(4)

    Pub. L. 104–106, § 403(c)(4), inserted “under subsection (a) or by law” after “designated”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 104–106, § 403(c)(4), inserted “under subsection (a) or by law” after “designated”.

    Enacted provision · exact public law section
    (4) in paragraph (4), by inserting “under subsection (a) or by law” after “designated”.

11. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title V § 501(a) · 122 Stat. 3

    1. Added · 10 U.S.C. § 601(b)(4); 10 U.S.C. § 601(b)(5)

       Pub. L. 110–181 added par. (4)

    2. Redesignated · 10 U.S.C. § 601(b)(4); 10 U.S.C. § 601(b)(5)

       Pub. L. 110–181 redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (b)(4), (5). Pub. L. 110–181 added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (a) Continuation in Grade While Awaiting Orders.— Section 601(b) of title 10, United States Code, is amended— (1) by striking “and” at the end of paragraph (3); (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph (4): “(4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer is relieved from the position, unless, during such period, the officer is placed under orders to another position designated under subsection (a) or by law to carry one of those grades, in which case paragraph (2) will also apply to the officer; and” .

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 924(b)(3)(C) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 601(a)

    Pub. L. 116–283, § 924(b)(3)(C), substituted “Marine Corps, or Space Force” for “or Marine Corps”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 924(b)(3)(C), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

    Enacted provision · exact public law section
    (C) Section 601(a).

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 551(b)(1) · 134 Stat. 3388

    Added · 10 U.S.C. § 601(e)

    Pub. L. 116–283, § 551(b)(1), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 116–283, § 551(b)(1), added subsec. (e).

    Enacted provision · exact public law section
    (1) In general.— Section 601 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Prior to making a recommendation to the Secretary of Defense for the nomination of an officer for appointment to a position of importance and responsibility under this section, which appointment would result in the initial appointment of the officer concerned in the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or the commensurate grades in the Space Force, the Secretary concerned shall consider all officers determined to be among the best qualified for such position.” .

14. 2022

    James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. A title V § 505 · 136 Stat. 2395

    Substituted · 10 U.S.C. § 601(b)(5)

    Pub. L. 117–263 substituted “retirement, but—” and subpars. (A) and (B) for “retirement, but not for more than 60 days.”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 117–263 substituted “retirement, but—” and subpars. (A) and (B) for “retirement, but not for more than 60 days.”

    Enacted provision · exact public law section
    SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS AWAITING RETIREMENT.   Section 601(b)(5) of title 10, United States Code, is amended by striking “retirement, but not for more than 60 days.” and inserting the following: “retirement, but— “(A) subject to subparagraph (B), not for more than 60 days; and “(B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment outside of the United States to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a contingency operation, not for more than 90 days.” .

15. 2023

    Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1741(a)(4) · 137 Stat. 136

    1. Substituted · 10 U.S.C. § 601(e)

       Pub. L. 118–31 substituted “Marine Corps, or Space Force or” for “or Marine Corps,”

    2. Struck · 10 U.S.C. § 601(e)

       Pub. L. 118–31 struck out “or the commensurate grades in the Space Force,” after “in the Navy,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 118–31 substituted “Marine Corps, or Space Force or” for “or Marine Corps,” and struck out “or the commensurate grades in the Space Force,” after “in the Navy,”.

    Enacted provision · exact public law section
    (4) Temporary appointments to positions designated to carry the grade of general or lieutenant general.— Section 601(e) is amended— (A) by striking “or Marine Corps,” and inserting “Marine Corps, or Space Force or”; and (B) by striking “or the commensurate grades in the Space Force,”.

17 of 17 references resolved to an enrolled provision