US (United States) Code. Title 10. Subtitle A. Part II. Chapter 36: Promotion, separation and involuntary

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 36 - PROMOTION, SEPARATION, AND

INVOLUNTARY RETIREMENT OF OFFICERS ON THE

ACTIVE-DUTY LIST 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

.

-HEAD-

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

-MISC1-

Subchapter Sec.

I. Selection Boards 611

II. Promotions 619

III. Failure of Selection for Promotion and Retirement for Years

of Service 627

IV. Continuation on Active Duty and Selective Early Retirement

637

V. Additional Provisions Relating to Promotion, Separation,

and Retirement 641

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1174, 3037, 5046, 5148,

5149, 5596, 8037, 14301, 14306, 14308, 14317 of this title.

-CITE-

10 USC SUBCHAPTER I - SELECTION BOARDS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

.

-HEAD-

SUBCHAPTER I - SELECTION BOARDS

-MISC1-

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.

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.

AMENDMENTS

1991 - Pub. L. 102-190, div. A, title V, Sec. 504(a)(2)(B), Dec.

5, 1991, 105 Stat. 1357, struck out ''; communications with

boards'' after ''selection boards'' in item 614.

-CITE-

10 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 611. Convening of selection boards

-STATUTE-

(a) Whenever the needs of the service require, the Secretary of

the military department concerned shall convene selection boards to

recommend for promotion to the next higher permanent 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 rear admiral (lower half) in the Navy. The

preceding sentence does not require the convening of a selection

board in the case of officers in the permanent grade of first

lieutenant or, in the case of the Navy, lieutenant (junior grade)

when the Secretary concerned recommends for promotion to the next

higher grade under section 624(a)(3) of this title all such

officers whom the Secretary finds to be fully qualified for

promotion.

(b) Whenever the needs of the service require, the Secretary of

the military department concerned may convene selection boards to

recommend officers for continuation on active duty under section

637 of this title or for early retirement under section 638 of this

title.

(c) The convening of selection boards under subsections (a) and

(b) shall be under regulations prescribed by the Secretary of

Defense.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2851; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,

1981, 95 Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov.

8, 1985, 99 Stat. 628; Pub. L. 107-107, div. A, title V, Sec.

505(a)(3), Dec. 28, 2001, 115 Stat. 1086.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 505(a)(3)(A),

substituted ''Whenever the needs of the service require, the

Secretary of the military department concerned'' for ''Under

regulations prescribed by the Secretary of Defense, the Secretary

of the military department concerned, whenever the needs of the

service require,'' and inserted at end ''The preceding sentence

does not require the convening of a selection board in the case of

officers in the permanent grade of first lieutenant or, in the case

of the Navy, lieutenant (junior grade) when the Secretary concerned

recommends for promotion to the next higher grade under section

624(a)(3) of this title all such officers whom the Secretary finds

to be fully qualified for promotion.''

Subsec. (b). Pub. L. 107-107, Sec. 505(a)(3)(B), substituted

''Whenever the needs of the service require, the Secretary of the

military department concerned'' for ''Under regulations prescribed

by the Secretary of Defense, the Secretary of the military

department concerned, whenever the needs of the service require,''.

Subsec. (c). Pub. L. 107-107, Sec. 505(a)(3)(C), added subsec.

(c).

1985 - Subsec. (a). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1981 - Subsec. (a). Pub. L. 97-86 substituted ''commodore'' for

''commodore admiral''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Subchapter effective Sept. 15, 1981, but the authority to

prescribe regulations under this subchapter effective on Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as an Effective

Date of 1980 Amendment note under section 101 of this title.

TRANSITION FROM GRADE OF COMMODORE TO GRADE OF REAR ADMIRAL (LOWER

HALF)

Section 514(e) of Pub. L. 99-145 provided that:

''(1) An officer who on the day before the date of the enactment

of this Act (Nov. 8, 1985) is serving in or has the grade of

commodore shall as of the date of the enactment of this Act be

serving in or have the grade of rear admiral (lower half).

''(2) An officer who on the day before the date of the enactment

of this Act is on a list of officers selected for promotion to the

grade of commodore shall as of the date of the enactment of this

Act be considered to be on a list of officers selected for

promotion to the grade of rear admiral (lower half).''

TRANSITION PROVISIONS COVERING 1980 AMENDMENTS BY DEFENSE OFFICER

PERSONNEL MANAGEMENT ACT (PUB. L. 96-513)

Parts A to C of title VI of Pub. L. 96-513, as amended by Pub. L.

97-22, Sec. 8(a)-(n), July 10, 1981, 95 Stat. 132-135; Pub. L.

97-86, title IV, Sec. 405(d)(1), (2)(A), (e), (f), Dec. 1, 1981, 95

Stat. 1106, eff. Sept. 15, 1981; Pub. L. 98-525, title V, Sec.

530-532, Oct. 19, 1984, 98 Stat. 2527; Pub. L. 100-456, div. A,

title V, Sec. 503, Sept. 29, 1988, 102 Stat. 1967, provided that:

''TITLE VI - TRANSITION PROVISIONS

''PART A - TRANSITION PROVISIONS RELATING ONLY TO THE ARMY AND AIR

FORCE

''REGULAR OFFICERS SERVING IN A HIGHER TEMPORARY GRADE BELOW

LIEUTENANT GENERAL OR RECOMMENDED FOR PROMOTION TO A HIGHER GRADE

''Sec. 601. (a) Except as provided in sections 603 and 604, any

regular officer of the Army or Air Force who on the effective date

of this Act (Sept. 15, 1981, except as otherwise provided in

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title) is on active duty

and -

''(1) is serving in a temporary grade below lieutenant general

that is higher than his regular grade;

''(2) is on a list of officers recommended for promotion to a

temporary grade below lieutenant general; or

''(3) is on a list of officers recommended for promotion to a

regular grade higher than the grade in which he is serving;

shall be considered to have been recommended by a board convened

under section 611(a) of title 10, United States Code, as added by

this Act, for promotion to the regular grade equivalent to the

grade in which he is serving or for which he has been recommended

for promotion, as the case may be.

''(b) An officer referred to in clause (1) of subsection (a) who

is not promoted to the grade to which he is considered under such

subsection to have been recommended for promotion because his name

is removed from a list of officers who are considered under such

subsection to have been recommended for promotion shall be

considered under chapter 36 of title 10, United States Code, as

added by this Act, for promotion to the regular grade equivalent to

the temporary grade in which he was serving on the effective date

of this Act (Sept. 15, 1981) as if he were serving in his regular

grade.

''(c) Notwithstanding section 741(d) of title 10, United States

Code, as added by this Act, the date of rank of an officer referred

to in subsection (a)(1) who is promoted to the temporary grade in

which he is serving on the effective date of this Act (Sept. 15,

1981) is the date of his temporary appointment in that grade.

''(d)(1) Any delay of a promotion of an officer referred to in

clause (2) or (3) of subsection (a) that was in effect on September

14, 1981, under the laws and regulations in effect on such date

shall continue in effect on and after September 15, 1981, as if

such promotion had been delayed under section 624(d) of title 10,

United States Code, as added by this Act.

''(2) Any action to remove from a promotion list the name of an

officer referred to in clause (2) or (3) of subsection (a) that was

initiated before September 15, 1981, under the laws and regulations

in effect before such date shall continue on and after such date as

if such removal action had been initiated under section 629 of

title 10, United States Code, as added by this Act.

''RESERVE OFFICERS SERVING IN A HIGHER TEMPORARY GRADE BELOW

LIEUTENANT GENERAL OR RECOMMENDED FOR PROMOTION TO A HIGHER GRADE

''Sec. 602. (a)(1) Except as provided in subsection (b) and

sections 605 and 606, any reserve officer of the Army or Air Force

who on the effective date of this Act (Sept. 15, 1981) is subject

to placement on the active-duty list of his armed force and -

''(A) is serving in a temporary grade below lieutenant general

that is higher than his reserve grade; or

''(B) is on a list of officers recommended for promotion to a

temporary grade below lieutenant general that is the same as or

higher than his reserve grade;

shall be considered to have been recommended by a board convened

under section 611(a) of title 10, United States Code, as added by

this Act, for promotion to the reserve grade equivalent to the

grade in which he is serving or for which he has been recommended

for promotion, as the case may be.

''(2) Notwithstanding section 741(d) of title 10, United States

Code, as added by this Act, the date of rank of an officer referred

to in paragraph (1)(A) who is promoted to the grade to which he is

considered under such paragraph to have been recommended for

promotion is the date of his temporary appointment in that grade.

''(b) A reserve officer of the Army or Air Force who on the

effective date of this Act (Sept. 15, 1981) -

''(1) is subject to placement on the active-duty list of his

armed force;

''(2) is serving on active duty in a temporary grade; and

''(3) either holds a reserve grade higher than the temporary

grade in which he is serving or is on a list of officers

recommended for promotion to a reserve grade higher than the

temporary grade in which he is serving,

shall while continuing on active duty retain such temporary grade

and shall be considered for promotion under chapter 36 of title 10,

United States Code, as added by this Act, to a grade equal to or

lower than his reserve grade as if such temporary grade is a

permanent grade. If such officer is recommended for promotion

under such chapter to such a grade, his appointment to such grade

shall be a temporary appointment.

''(c)(1) Any delay of a promotion of an officer referred to in

clause (B) of subsection (a)(1) that was in effect on September 14,

1981, under the laws and regulations in effect on such date shall

continue in effect on and after September 15, 1981, as if such

promotion has been delayed under section 624(d) of title 10, United

States Code, as added by this Act.

''(2) Any action to remove from a promotion list the name of an

officer referred to in clause (B) of subsection (a)(1) that was

initiated before September 15, 1981, under the laws and regulations

in effect before such date shall continue on and after such date as

if such removal action had been initiated under section 629 of

title 10, United States Code, as added by this Act.

''REGULAR OFFICERS ONCE FAILED OF SELECTION FOR PROMOTION

''Sec. 603. (a) An officer of the Army or Air Force who on the

effective date of this Act (Sept. 15, 1981) -

''(1) holds the regular grade of first lieutenant, captain, or

major; and

''(2) has been considered once but not recommended for

promotion to the next higher regular grade by a selection board

convened under the laws in effect on the day before the effective

date of this Act,

shall, within one year after the effective date of this Act, be

considered for promotion to the next higher regular grade by a

selection board convened by the Secretary concerned under the laws

in effect on the day before the effective date of this Act.

''(b)(1)(A) An officer described in subsection (a) who is

recommended for promotion by the selection board which considers

him pursuant to such subsection shall be considered to have been

recommended for promotion to the next higher regular grade or the

grade in which he is serving, whichever grade is higher, by a board

convened under section 611(a) of title 10, United States Code, as

added by this Act. Notwithstanding section 741(d) of title 10,

United States Code, as added by this Act, the date of rank of an

officer referred to in the preceding sentence who was serving in

the temporary grade equivalent to the grade to which he is

considered to have been recommended for promotion and who is

promoted to that grade is the date of his temporary appointment in

that grade.

''(2) An officer described in subsection (a) who is not

recommended for promotion by such board shall, unless continued on

active duty under section 637 of such title, as added by this Act,

be retired, if eligible to retire, be discharged, or be continued

on active duty until eligible to retire and then be retired, under

the laws applicable on the day before the effective date of this

Act (Sept. 15, 1981).

''REGULAR OFFICERS TWICE FAILED OF SELECTION FOR PROMOTION

''Sec. 604. An officer of the Army or Air Force who on the day

before the effective date of this Act (Sept. 15, 1981) -

''(1) holds the regular grade of first lieutenant, captain, or

major; and

''(2) has twice failed of selection for promotion to the next

higher regular grade,

shall, unless continued on active duty under section 637 of title

10, United States Code, as added by this Act, be retired, if

eligible to retire, be discharged, or be continued on active duty

until eligible to retire and then be retired, under the laws in

effect on the day before the effective date of this Act.

''RESERVE OFFICERS ONCE FAILED OF SELECTION FOR PROMOTION

''Sec. 605. (a) A reserve officer of the Army or Air Force who on

the effective date of this Act (Sept. 15, 1981) -

''(1) is on active duty and subject to placement on the

active-duty list of his armed force;

''(2) holds the reserve grade of first lieutenant, captain, or

major; and

''(3) has been considered once but not selected for promotion

to the next higher reserve grade under section 3366, 3367, 8366,

or 8367 (see section 14301 et seq. of this title), as

appropriate, of title 10, United States Code,

shall, unless sooner promoted, be considered again for promotion to

that grade by a selection board convened under section 3366, 3367,

8366, or 8367, as appropriate, of such title.

''(b)(1) An officer described in subsection (a) who is serving on

active duty in a temporary grade higher than his reserve grade on

the effective date of this Act (Sept. 15, 1981) and who is

recommended by the selection board which considers him pursuant to

such subsection for promotion to the reserve grade equivalent to

the temporary grade in which he is serving on such date shall be

considered as having been recommended for promotion to that reserve

grade in the report of a selection board convened under section

611(a) of title 10, United States Code, as added by this Act.

Notwithstanding section 741(d) of title 10, United States Code, as

added by this Act, the date of rank of an officer referred to in

the preceding sentence who is promoted to the reserve grade

equivalent to the temporary grade in which he is serving on such

date is the date of his temporary appointment in that grade.

''(2) An officer described in subsection (a) who is serving on

active duty in a temporary grade equivalent to or lower than his

reserve grade on the effective date of this Act (Sept. 15, 1981)

and who is recommended by the selection board which considers him

pursuant to such subsection for promotion to a reserve grade higher

than the temporary grade in which he was serving on such date shall

be considered as having been recommended for promotion to that

reserve grade in the report of a selection board convened under

section 3366, 3367, 8366, or 8367 (see section 14301 et seq. of

this title), as appropriate, of such title. If such an officer is

not ordered to active duty in his reserve grade, he shall while

continuing on active duty retain such temporary grade and shall be

considered for promotion under chapter 36 of title 10, United

States Code, as added by this Act, to a grade equal to or lower

than his reserve grade as if such temporary grade is a permanent

grade. If such officer is recommended for promotion under such

chapter to such a grade, his appointment to such grade shall be a

temporary appointment to such grade.

''(3) An officer described in subsection (a) who is not

recommended for promotion by the selection board which considers

him pursuant to such subsection shall be governed by section 3846

or 8846, as appropriate, of title 10, United States Code, as a

deferred officer.

''RESERVE OFFICERS TWICE FAILED OF SELECTION FOR PROMOTION

''Sec. 606. An officer of the Army or Air Force who on the day

before the effective date of this Act (Sept. 15, 1981) -

''(1) was on active duty and subject to placement on the

active-duty list of his armed force; and

''(2) held the reserve grade of first lieutenant, captain, or

major; and

''(3) was considered to have twice failed of selection for

promotion to the next higher reserve grade,

shall be governed by (former) section 3846 or 8846, as appropriate,

of title 10, United States Code, as a deferred officer.

''ENTITLEMENT TO SEVERANCE PAY OR SEPARATION PAY OF OFFICERS

SEPARATED OR DISCHARGED PURSUANT TO THIS PART

''Sec. 607. (a) An officer who is discharged in accordance with

section 603(b)(2) or 604 is entitled, at his election, to -

''(1) the severance pay to which he would have been entitled

under the laws in effect before the effective date of this Act

(Sept. 15, 1981); or

''(2) separation pay, if eligible therefor, under section

1174(a) of title 10, United States Code, as added by this Act.

''(b) An officer who is separated in accordance with section

605(b)(3) or 606 is entitled, at his election, to -

''(1) readjustment pay under section 687 of title 10, United

States Code, as in effect on the day before the effective date of

this Act (Sept. 15, 1981); or

''(2) separation pay, if eligible therefor, under section

1174(c) of title 10, United States Code, as added by this Act.

''SPECIAL TENURE PROVISIONS FOR OFFICERS SERVING IN TEMPORARY

GRADES OF BRIGADIER GENERAL AND MAJOR GENERAL

''Sec. 608. (a) Notwithstanding section 635 or 636 of title 10,

United States Code, as added by this Act, but subject to subsection

(b), a regular officer of the Army or Air Force -

''(1) who on the effective date of this Act (Sept. 15, 1981) is

serving in or is on a list of officers recommended for promotion

to the temporary grade of brigadier general or major general;

''(2) whose regular grade on such date is below such temporary

grade; and

''(3) who is promoted pursuant to section 601(a) to the regular

grade equivalent to such temporary grade,

shall be subject to mandatory retirement for years of service in

accordance with the laws applicable on the day before the effective

date of this Act to officers in the permanent grade he held on such

date. However, such an officer shall not be subject to a mandatory

retirement date which is earlier than the first day of the month

following the month of the thirtieth day after he completes 30

years of service as computed under section 3927(a) or 8927(a), as

appropriate, of title 10, United States Code, as in effect on the

day before the effective date of this Act.

''(b)(1) The Secretary of the Army or the Secretary of the Air

Force, as appropriate, may convene selection boards under this

section for the purpose of recommending from among officers

described in subsection (a) officers to be selected to be subject

to mandatory retirement for years of service in accordance with the

laws applicable on the day before the effective date of this Act

(Sept. 15, 1981) to officers in the permanent grade to which such

officers were promoted pursuant to section 601(a) or to officers in

a lower permanent grade higher than the permanent grade held by

such officers on the day before the effective date of this Act.

''(2) Upon the recommendation of a selection board convened under

this section, the Secretary concerned may select officers described

in subsection (a) to be subject to mandatory retirement in

accordance with the provisions of section 3922, 3923, 8922, or

8923, as appropriate, of title 10, United States Code, as in effect

on the day before the effective date of this Act (Sept. 15, 1981),

rather than in the manner described in subsection (a).

''(3) Any selection board convened under this section shall be

convened in accordance with the provisions of section 3297 or 8297,

as appropriate, of title 10, United States Code, as in effect on

the day before the effective date of this Act (Sept. 15, 1981).

''(c) This section does not apply to an officer who -

''(1) is sooner retired or separated under another provision of

law;

''(2) is promoted to the permanent grade of brigadier general

pursuant to section 601(a) and is subsequently promoted to the

permanent grade of major general under chapter 36 of title 10,

United States Code, as added by this Act; or

''(3) is continued on active duty under section 637 of title

10, United States Code, as added by this Act.

''RIGHT OF MAJORS AND COLONELS TO COMPLETE YEARS OF SERVICE ALLOWED

UNDER PRIOR LAW

''Sec. 609. (a)(1) Subject to paragraph (2), an officer of the

Army or Air Force who on the effective date of this Act (Sept. 15,

1981) -

''(A) holds the regular grade of major; or

''(B) is on a list of officers recommended for promotion to the

regular grade of major,

shall be retained on active duty until he completes twenty-one

years of service as computed under section 3927(a) or 8927(a), as

appropriate, of title 10, United States Code (as in effect on the

day before the effective date of this Act), and then be retired

under the provisions of section 3913 or 8913 of such title (as in

effect on the day before the effective date of this Act) on the

first day of the month after the month in which he completes that

service.

''(2) Paragraph (1) does not apply to an officer who -

''(A) is sooner retired or separated under another provision of

law;

''(B) is promoted to the regular grade of lieutenant colonel;

or

''(C) is continued on active duty under section 637 of title

10, United States Code, as added by this Act.

''(b)(1) Subject to paragraph (2), an officer of the Army or Air

Force who on the effective date of this Act (Sept. 15, 1981) -

''(A) holds the regular grade of colonel; or

''(B) is on a list of officers recommended for promotion to the

regular grade of colonel,

shall be retired under section 3921 or 8921, as appropriate, of

such title (as in effect on the day before the effective date of

this Act).

''(2) Paragraph (1) does not apply to an officer who -

''(A) is sooner retired or separated under another provision of

law;

''(B) is promoted to the regular grade of brigadier general; or

''(C) is continued on active duty under section 637 of title

10, United States Code, as added by this Act.

''REGULAR OFFICERS WHOSE RETIREMENT HAS BEEN DEFERRED

''Sec. 610. A regular officer of the Army or Air Force serving on

active duty on the effective date of this Act (Sept. 15, 1981)

whose retirement under chapter 367 or 867 of title 10, United

States Code, has been deferred before that date -

''(1) under a provision of such chapter; or

''(2) by virtue of a suspension, under any provision of law, of

provisions of such chapter which would otherwise require such

retirement,

may continue to serve on active duty to complete the period for

which his retirement was deferred or until such suspension is

removed.

''PART B - TRANSITION PROVISIONS RELATING ONLY TO THE NAVY AND

MARINE CORPS

''OFFICERS SERVING IN A TEMPORARY GRADE BELOW VICE ADMIRAL OR

LIEUTENANT GENERAL OR RECOMMENDED FOR PROMOTION

''Sec. 611. (a) Subject to subsection (b), any regular officer of

the Navy or Marine Corps, and any reserve officer of the Navy and

Marine Corps who on the effective date of this Act (Sept. 15, 1981)

is subject to placement on the active-duty list, who on the

effective date of this Act -

''(1) is serving on active duty in a temporary grade below vice

admiral or lieutenant general that is higher than his permanent

grade; or

''(2) is on a promotion list,

shall be considered to have been recommended for promotion to the

permanent grade equivalent to the grade in which he is serving or

for which he has been recommended for promotion, as the case may

be, by a board convened under section 611(a) of title 10, United

States Code, as added by this Act.

''(b) This section does not apply to an officer -

''(1) serving in a temporary grade which, by its own terms, is

limited in duration;

''(2) designated for limited duty in a grade to which he was

appointed under section 5596 of title 10, United States Code,

before the effective date of this Act (Sept. 15, 1981); or

''(3) recommended for promotion or promoted to a grade under

section 5787 of such title, as in effect before the effective

date of this Act.

''(c)(1) Any delay of a promotion of an officer referred to in

clause (2) of subsection (a) that was in effect on September 14,

1981, under the laws and regulations in effect on such date, shall

continue in effect on and after September 15, 1981, as if such

promotion had been delayed under section 624(d) of title 10, United

States Code, as added by this Act.

''(2) Any action to remove from a promotion list the name of an

officer referred to in clause (2) of subsection (a) which was

initiated before September 15, 1981, under the laws and regulations

in effect before such date shall continue on and after such date as

if such removal action had been initiated under section 629 of

title 10, United States Code, as added by this Act.

''OFFICERS FAILED OF SELECTION FOR PROMOTION

''Sec. 612. (a) Except as provided in subsection (b), an officer

of the Navy or Marine Corps who on the effective date of this Act

(Sept. 15, 1981) is considered to have failed of selection for

promotion one or more times to a grade below the grade of captain,

in the case of an officer of the Navy, or below the grade of

colonel, in the case of an officer of the Marine Corps, is subject

to chapter 36 of title 10, United States Code, as added by this

Act, as if such failure or failures had occurred under the

provisions of such chapter.

''(b) An officer who during fiscal year 1981 -

''(1) failed twice of selection for promotion to the grade of

either lieutenant or lieutenant commander, in the case of an

officer in the Navy, or to either captain or major, in the case

of an officer in the Marine Corps; and

''(2) had not previously failed of selection for promotion to

that grade,

may not, because of such failures of selection, be involuntarily

separated, involuntarily discharged, or retired under chapter 36 of

title 10, United States Code, as added by this Act, before June 30,

1982, unless the officer so requests.

''RIGHT OF CERTAIN OFFICERS TO RETIRE UNDER PRIOR LAW

''Sec. 613. (a)(1) Subject to paragraph (2), an officer who on

September 15, 1981 -

''(A) holds the grade of lieutenant commander, commander, or

captain in the Regular Navy or the grade of major, lieutenant

colonel, or colonel in the Regular Marine Corps; or

''(B) is on a promotion list to any such grade,

shall be retired on the date provided under the laws in effect on

September 14, 1981, except that an officer for whom no means can be

established under the laws in effect on September 14, 1981, for

computing creditable service in determining whether the officer is

subject to involuntary retirement shall be retired under chapter

573 of title 10, United States Code, as in effect on September 14,

1981, on the basis of the years of service of such officer as

determined under regulations prescribed under section 624(b).

''(2) This subsection does not apply to an officer -

''(A) removed from active duty under section 1184 of title 10,

United States Code, as added by this Act;

''(B) promoted to a higher grade in the Regular Navy or Regular

Marine Corps;

''(C) continued on active duty under section 637 of title 10,

United States Code, as added by this Act; or

''(D) selected for early retirement under section 638 of title

10, United States Code.

''(b)(1) An officer of the Navy who on September 14, 1981 -

''(A) has the grade of rear admiral in the Regular Navy; or

''(B) was on a promotion list to such grade,

shall be continued on active duty or retired in accordance with the

laws in effect on September 14, 1981.

''(2) An officer of the Marine Corps who on September 14, 1981 -

''(A) has the grade of brigadier general in the Regular Marine

Corps; or

''(B) was on a promotion list to such grade,

shall be retired in accordance with the laws in effect on September

14, 1981.

''TRANSITION PROVISIONS TO NEW COMMODORE GRADE

''Sec. 614. (a)(1) An officer of the Navy who on the day before

the effective date of this Act (Sept. 15, 1981) -

''(A) was serving on active duty in the grade of rear admiral

and was receiving the basic pay of a rear admiral of the upper

half; or

''(B) was serving on active duty in the grade of admiral or

vice admiral and would have been entitled to receive the basic

pay of a rear admiral of the upper half had he not been serving

in such grade on such date,

shall after such date hold the permanent grade of rear admiral.

''(2) An officer of the Navy who on the day before the effective

date of this Act (Sept. 15, 1981) -

''(A) was serving on active duty in the grade of rear admiral

and was receiving the basic pay of a rear admiral of the lower

half; or

''(B) was serving on active duty in the grade of admiral or

vice admiral and would have been entitled to receive the basic

pay of a rear admiral of the lower half had he not been serving

in such grade on such date,

shall after such date hold the permanent grade of commodore, but

shall retain the title of rear admiral.

''(3) An officer who on the day before the effective date of this

Act (Sept. 15, 1981) was on a list of officers recommended for

promotion to the grade of rear admiral shall, upon promotion, hold

the grade of commodore with the title of rear admiral.

''(b) An officer who on the day before the effective date of this

Act (Sept. 15, 1981) -

''(1) was serving on active duty in the grade of rear admiral

and was entitled to the basic pay of a rear admiral of the lower

half; or

''(2) was on a list of officers recommended for promotion to

the grade of rear admiral,

shall, on and after the effective date of this Act, or in the case

of an officer on such a list, upon promotion to the grade of

commodore, be entitled to wear the uniform and insignia of a rear

admiral.

''(c) Except as otherwise provided by law, an officer of the Navy

who on the day before the effective date of this Act (Sept. 15,

1981) held the grade of rear admiral on the retired list or the

temporary disability retired list retains the grade of rear admiral

and is entitled after such date to wear the uniform and insignia of

a rear admiral. Such an officer, when ordered to active duty -

''(1) holds the grade and has the right to wear the uniform and

insignia of a rear admiral; and

''(2) ranks among commissioned officers of the armed forces as

and is entitled to the basic pay of -

''(A) a commodore, if his retired pay was based on the basic

pay of a rear admiral of the lower half on the day before the

effective date of this Act; or

''(B) a rear admiral, if his retired pay was based on the

basic pay of a rear admiral of the upper half on the day before

the effective date of this Act.

''(d)(1) An officer of the Navy who -

''(A) on the effective date of this Act (Sept. 15, 1981) -

''(i) was serving on active duty in the grade of rear admiral

and was entitled to the basic pay of a rear admiral of the

lower half or was serving on active duty in the grade of

admiral or vice admiral and would have been entitled to receive

the basic pay of a rear admiral of the lower half had he not

been serving in such grade on such date; or

''(ii) was on a list of officers recommended for promotion to

the grade of rear admiral; and

''(B) after such date holds the permanent grade of commodore

pursuant to subsection (a),

shall not be subject to the provisions of chapter 36 of title 10,

United States Code, as added by this Act, relating to selection for

promotion and promotion to the next higher grade.

''(2) Officers to whom this subsection applies become entitled to

hold the permanent grade of rear admiral under the circumstances

prescribed for entitlement to the basic pay of a rear admiral of

the upper half under the provisions of subsections (a) through (d)

of section 202 of title 37, United States Code, as in effect on the

day before the effective date of this Act (Sept. 15, 1981). For the

purposes of this subsection, officers serving in the permanent

grade of rear admiral or commodore in accordance with subsection

(a) shall be considered as serving in the grade of rear admiral, as

such grade was in effect on the day before the effective date of

this Act.

''(e) Unless entitled to a higher grade under another provision

of law, an officer of the Navy who on the day before the effective

date of this Act (Sept. 15, 1981) -

''(1) was serving on active duty; and

''(2) held the grade of rear admiral;

and who retires on or after the effective date of this Act, retires

in the grade of rear admiral and is entitled to wear the uniform

and insignia of a rear admiral. If such an officer is ordered to

active duty after his retirement, he is considered, for the

purposes of determining his pay, uniform and insignia, and rank

among other commissioned officers, as having held the grade of rear

admiral on the retired list on the day before the effective date of

this Act.

''(f) A reserve officer of the Navy who on the day before the

effective date of this Act (Sept. 15, 1981) was in an active status

and was serving in the grade of rear admiral or was on a list of

reserve officers recommended for promotion to the grade of rear

admiral is not subject to (former) subsection (f) of section 6389

of title 10, United States Code, as added by this Act.

''FEMALE OFFICERS

''Sec. 615. (a) Except as provided under subsection (c), each

regular officer who on the effective date of this Act (Sept. 15,

1981) is serving on the active list in the line of the Navy or on

the active list of the Marine Corps under an appointment made under

section 5590 of title 10, United States Code, shall be reappointed

in the line of the Navy or in the Marine Corps, as appropriate, in

the grade and with the date of rank held by such officer

immediately before such reappointment. Each such reappointment

shall be made in accordance with the provisions of such title as

amended by this Act but notwithstanding any limitation otherwise

applicable with regard to age, grade, or physical standards.

''(b) Each officer of the Navy who on the effective date of this

Act (Sept. 15, 1981) is serving in a staff corps under an

appointment made under section 5590 of title 10, United States

Code, shall be reappointed in that corps in the grade and with the

date of rank held by such officer immediately before such

reappointment. Each such reappointment shall be made in accordance

with the provisions of such title as amended by this Act but

notwithstanding any limitation otherwise applicable with regard to

age, grade, or physical standards.

''(c) Any officer who on the effective date of this Act (Sept.

15, 1981) is serving on the active list in the line of the Navy

under an appointment made under section 5590 of title 10, United

States Code, and who meets the qualifications for appointment in a

staff corps of the Navy may, request appointment in a staff corps

and, with the approval of the Secretary of the Navy, be appointed

in that staff corps. Any appointment under this subsection shall

be in lieu of the reappointment of the officer under subsection

(a).

''(d) Each officer reappointed in a staff corps pursuant to

subsection (b) or appointed in a staff corps under subsection (c)

shall be considered for all purposes as having been originally

appointed in such staff corps in accordance with the provisions of

title 10, United States Code, as amended by this Act.

''(e) Except as otherwise specifically provided by law, all

provisions of law relating to appointment, promotion, separation,

and retirement which are applicable to male officers of the Regular

Navy or Regular Marine Corps, as appropriate, apply to officers

reappointed pursuant to subsection (a) or (b) or appointed under

subsection (c).

''(f)(1) As soon as practicable after completion of the

appointments and reappointments provided for in subsections (a),

(b), and (c), the name of each officer so appointed or reappointed

shall be entered on the appropriate active-duty list of the Navy or

the Marine Corps in a position among officers of her grade

determined in accordance with regulations prescribed by the

Secretary of the Navy. Such officers shall be placed on the

appropriate active-duty list without change in their relative

positions held on the lineal list or any list for promotion

established for them while they were serving under an appointment

under any provision of title 10, United States Code, repealed by

this Act.

''(2) Any female officer -

''(A) who, by virtue of her date of rank and other

considerations, would be placed on a list of officers eligible

for consideration for promotion in a position senior to an

officer who has failed of selection for promotion one or more

times; and

''(B) who is considered to have failed of selection for

promotion once or is considered to have never failed of selection

for promotion,

shall, for purposes of determining her eligibility for

consideration for promotion to the next higher grade, be considered

with those officers who are considered to have failed of selection

for promotion once, or who are considered never to have failed of

selection for promotion, as the case may be.

''(3) A female officer who is considered to have failed of

selection for promotion one or more times and whose position on the

active-duty list is junior to the position of any male officer who

is considered to have failed of selection for promotion a fewer

number of times or not at all may not derive any advantage in the

selection process by virtue of such position on the active-duty

list.

''(g) Except as provided in section 638 of title 10, United

States Code, as added by this Act, a regular officer of the Navy or

Marine Corps appointed under section 5590 of such title who -

''(1) before the effective date of this Act (Sept. 15, 1981)

had not twice failed of selection for promotion to the next

higher grade; and

''(2) is not selected for promotion to a higher regular grade

on or after such effective date,

may not be retired earlier than such officer would have been

retired had this Act not been enacted.

''(h)(1) Any officer who -

''(A) on the effective date of this Act (Sept. 15, 1981) is a

lieutenant in the Navy or a captain in the Marine Corps;

''(B) under section 6396(c) or 6401 of title 10, United States

Code (as in effect on the day before the effective date of this

Act), would have been discharged on June 30 of the fiscal year in

which that officer (i) was not on a promotion list, and (ii) had

completed 13 years of active commissioned service; and

''(C) because of the enactment of this Act, is subject to

discharge under section 632 of such title because such officer

has twice failed of selection for promotion,

shall, if such officer has not completed 13 years of active

commissioned service at the time otherwise prescribed for the

discharge of such officer under such section and such officer so

requests, not be discharged until June 30 of the fiscal year in

which the officer completes 13 years of active commissioned

service.

''(2) Any officer who -

''(A) on the effective date of this Act (Sept. 15, 1981) is a

lieutenant (junior grade) in the Navy or a first lieutenant in

the Marine Corps;

''(B) under section 6396(d) or 6402 of title 10, United States

Code (as in effect on the day before the effective date of this

Act), would have been discharged on June 30 of the fiscal year in

which that officer (i) was not on a promotion list, and (ii) had

completed 7 years of active commissioned service; and

''(C) because of the enactment of this Act, is subject to

discharge under section 631 of such title because such officer

has twice failed of selection for promotion,

shall, if that officer has not completed 7 years of active

commissioned service at the time otherwise prescribed for such

discharge under such section and such officer so requests, not be

discharged until June 30 of the fiscal year in which the officer

completes 7 years of active commissioned service.

''LIMITED-DUTY OFFICERS

''Sec. 616. (a) An officer of the Regular Navy or Regular Marine

Corps who on the effective date of this Act (Sept. 15, 1981) is an

officer who was designated for limited duty before that date under

section 5589 of title 10, United States Code, is subject to section

6383 of such title (as in effect on the day before the effective

date of this Act), unless promoted to a higher permanent grade

under chapter 36 of title 10, United States Code, as added by this

Act.

''(b) Any female member of the Navy who on April 2, 1981, was

appointed under section 591 (now 12201) or 5590 of title 10, United

States Code, in the grade of ensign as an officer designated for

limited duty may after September 14, 1981, be reappointed as an

officer designated for limited duty under section 5596 of title 10,

United States Code, as amended by this Act. A member so reappointed

shall have a date of rank as an ensign of April 2, 1981, and shall

have the same permanent pay grade and status as that member held on

April 1, 1981.

''(c) An officer of the Navy or Marine Corps who on September 15,

1981, was an officer designated for limited duty under section 5589

of title 10, United States Code, and who on the date of the

enactment of this subsection (Oct. 19, 1984) is serving in a

temporary grade above the grade of lieutenant, in the case of an

officer of the Navy, or captain, in the case of an officer of the

Marine Corps, may be reappointed under section 5589 of title 10,

United States Code (as in effect on or after September 15, 1981),

in the same permanent grade and with the same date of rank held by

that officer on the active-duty list immediately before such

reappointment if he is otherwise eligible for appointment under

that section.

''CERTAIN NAVY LIEUTENANTS HOLDING TEMPORARY APPOINTMENTS IN THE

GRADE OF LIEUTENANT COMMANDER

''Sec. 617. Any officer who on the effective date of this Act

(Sept. 15, 1981) holds a temporary appointment in the grade of

lieutenant commander under section 5787d of title 10, United States

Code, shall on and after such date be considered to be serving in

such grade as if such appointment had been made under section 5721

of such title, as added by this Act.

''DIRECTOR OF BUDGET AND REPORTS OF THE NAVY

''Sec. 618. (a) An officer of the Navy who on the day before the

effective date of this Act (Sept. 15, 1981) was serving on active

duty and entitled to rank and privileges of retirement under

section 5064 of title 10, United States Code, as in effect on the

day before the effective date of this Act, shall have his rank and

retirement privileges determined under the laws in effect on such

date.

''CONTINGENCY AUTHORITY FOR NAVY PROMOTIONS UNDER PRIOR LAW

''Sec. 619. If necessary because of unforeseen circumstances, the

Secretary of the Navy, during fiscal year 1982, may convene boards

to select officers for promotion under chapters 545 and 549 of

title 10, United States Code, as in effect on September 14, 1981,

and officers so selected may be promoted in accordance with such

chapters. An officer promoted to a higher grade under the

authority of this section shall be subject to sections 613 and 629

as if he held that grade on September 14, 1981, and shall have a

date of rank to be determined under section 741 of title 10, United

States Code, as amended by this Act.

''RETENTION ON ACTIVE DUTY OF CERTAIN RESERVE LIEUTENANT COMMANDERS

''Sec. 620. Notwithstanding section 6389 of title 10, United

States Code, an officer who on September 14, 1981 -

''(1) holds the grade of lieutenant commander in the Naval

Reserve;

''(2) is on active duty as the result of recall orders accepted

subsequent to a break in active commissioned service;

''(3) is subject to placement on the active-duty list; and

''(4) is considered -

''(A) to have failed of selection for promotion to the grade

of commander one or more times under chapter 545 of title 10,

United States Code, as in effect on September 14, 1981; or

''(B) to have been later considered to have failed of

selection for promotion to the grade of commander one or more

times under chapter 36 of title 10, United States Code, as

added by this Act,

may be retained on active duty by the Secretary of the Navy for

such period as the Secretary considers appropriate.

''PART C - GENERAL TRANSITION PROVISIONS

''ESTABLISHMENT OF INITIAL ACTIVE-DUTY LISTS

''Sec. 621. (a)(1) Not later than 6 months after the effective

date of this Act (Sept. 15, 1981), all officers of the Army, Navy,

Air Force, and Marine Corps who are required to be placed on the

active-duty list for their armed force under chapter 36 of title

10, United States Code, as added by this Act, shall be placed on

such list with the same relative seniority which they held on the

day before the effective date of this Act. An officer placed on an

active-duty list under this section shall be considered to have

been placed on such list as of the effective date of this Act.

''(2) Regulations prescribed under section 620 of title 10,

United States Code, as added by this Act, shall be applicable to

the placement of officers on the active-duty list under paragraph

(1).

''(b) Under regulations prescribed by the Secretary of Defense,

which shall apply uniformly among the Army, Navy, Air Force, and

Marine Corps, the Secretary of the military department concerned,

in order to maintain the relative seniority among officers of the

Army, Navy, Air Force, and Marine Corps as it existed on September

14, 1981, may adjust the date of rank of officers -

''(1) below the grade of brigadier general or commodore during

the one-year period beginning on September 15, 1981; and

''(2) above the grade of colonel or, in the case of the Navy,

captain until there are no longer any officers to whom section

614(d) is applicable.

''OFFICERS SERVING IN THE SAME TEMPORARY GRADE AND PERMANENT GRADE;

DATE OF RANK

''Sec. 622. (a) Any officer of the Army, Navy, Air Force, or

Marine Corps who on the effective date of this Act (Sept. 15, 1981)

is serving on active duty in a temporary grade which is the same as

his permanent grade shall on such date be serving in such grade

subject to this title and the amendments made by this Act. The date

of rank of such officer in that grade is the date of his temporary

appointment to that grade.

''OFFICERS SERVING IN GRADES ABOVE MAJOR GENERAL OR REAR ADMIRAL

''Sec. 623. (a) Any officer who on the day before the effective

date of this Act (Sept. 15, 1981) held a temporary appointment in

the grade of lieutenant general or general under section 3066,

5232, or 8066 of title 10, United States Code, or a temporary

appointment in the grade of vice admiral or admiral under section

5231 of such title, shall on and after such date be considered to

be serving in such grade as if such appointment had been made under

section 601 of such title, as added by this Act.

''(b)(1) Any designation of a position as a position of

importance and responsibility made by the President under section

3066 or 8066 of title 10, United States Code, before the effective

date of this Act (Sept. 15, 1981), shall remain in effect, unless

changed by the President, as a designation of such position as a

position of importance and responsibility under section 601 of such

title, as added by this Act.

''(2) Any position held by an officer under section 5231 or 5232

of title 10, United States Code, on the effective date of this Act

(Sept. 15, 1981) shall, unless changed by the President, be deemed

to be a position of importance and responsibility designated by the

President under section 601 of title 10, United States Code.

''(c) Any officer who before the effective date of this Act

(Sept. 15, 1981) served in the grade of lieutenant general,

general, vice admiral, or admiral but was not serving in such grade

on the day before the effective date of this Act shall for the

purposes of section 1370(c) of title 10, United States Code, as

added by this Act, be deemed to have held such position under an

appointment made under section 601 of such title, as added by this

Act.

''YEARS OF SERVICE FOR INVOLUNTARY RETIREMENT OR DISCHARGE

''Sec. 624. (a) In determining whether any officer of the Army,

Navy, Air Force, or Marine Corps who was on active duty on the day

before the effective date of this Act (Sept. 15, 1981) is subject

to involuntary retirement or discharge under chapter 36 of title

10, United States Code, as added by this Act, the years of service

of the officer for such purpose shall be computed by adding -

''(1) the amount of service creditable to such officer on the

day before the effective date of this Act for the purpose of

determining whether the officer is subject to involuntary

retirement or discharge; and

''(2) all subsequent active commissioned service of such

officer.

''(b) In the case of an officer subject to placement on the

active-duty list on September 15, 1981, for whom no means of

computing service creditable in determining whether the officer is

subject to involuntary retirement or discharge existed under the

law in effect on the day before the effective date of this Act

(Sept. 15, 1981), the amount of creditable service of such officer

for such purpose for the period before the effective date of this

Act shall be determined under regulations prescribed by the

Secretary of the military department concerned, except that such an

officer may not be credited with an amount of service less than the

amount of his active commissioned service.

''SAVINGS PROVISION FOR CONSTRUCTIVE SERVICE PREVIOUSLY GRANTED

''Sec. 625. (a) The amendments made by this Act do not affect the

crediting of years of service to any person who on the day before

the effective date of this Act (Sept. 15, 1981) -

''(1) had been credited with years of service upon an original

appointment as an officer or after such an appointment; or

''(2) was participating in a program leading to an appointment

as an officer in the Army, Navy, Air Force, or Marine Corps and

the crediting of years of service.

''(b)(1) Any officer who on the effective date of this Act (Sept.

15, 1981) is an officer of the Army or Navy in the Medical or

Dental Corps of his armed force, an officer of the Air Force

designated as a medical or dental officer, or an officer of the

Public Health Service commissioned as a medical or dental officer

is entitled to include in the years of service creditable to him

for the computation of basic pay and retired pay the years of

service creditable to him for such purposes under clauses (7) and

(8) of section 205(a) of title 37, United States Code, as in effect

on the day before the effective date of this Act.

''(2) Any person who on the day before the effective date of this

Act (Sept. 15, 1981) was enrolled in the Uniformed Services

University of the Health Sciences under chapter 104 of this title

or the Armed Forces Health Professions Scholarship Program under

chapter 105 of this title and who on or after the effective date of

this Act graduates from such university or completes such program,

as the case may be, and is appointed in one of the categories

specified in paragraph (1) is entitled to include in the years of

service creditable to him for the computation of basic pay and

retired pay the years of service that would have been credited to

him under clauses (7) and (8) of section 205(a) of title 37, United

States Code, as in effect on the day before the effective date of

this Act, had such clauses not been repealed by this Act.

''MISCELLANEOUS PROVISIONS RELATING TO YEARS OF SERVICE

''Sec. 626. (a) For the purpose of computing the years of service

for pay and allowances of an officer of the Army, Navy, Air Force,

or Marine Corps, including retired pay, severance pay, readjustment

pay, separation pay, and basic pay, the total years of service of

such officer shall be computed by adding to that service so

creditable on the day before the effective date of this Act (Sept.

15, 1981) all subsequent service as computed under title 10, United

States Code, as amended by this Act.

''(b) An officer of the Army, Navy, Air Force, or Marine Corps

who was on active duty on the effective date of this Act (Sept. 15,

1981) and who is retired under section 1251 of title 10, United

States Code, as added by this Act, shall be entitled to retired pay

in an amount equal to not less than 50 percent of the basic pay

upon which his retired pay is based.

''(c) The service that an officer of the Army, Navy, Air Force,

or Marine Corps has in a particular grade is the sum of -

''(A) the years, months, and days of service in that grade

accrued under the laws in effect before the effective date of

this Act (Sept. 15, 1981); and

''(B) the years, months, and days of service in that grade

accrued under the laws in effect on and after the effective date

of this Act.

''TRANSITION TO OFFICER GRADE-STRENGTH TABLES DURING FISCAL YEAR

1981

''Sec. 627. For the fiscal year ending on September 30, 1981, the

maximum number of officers authorized to be serving on active duty

as of the end of such fiscal year in each of the grades of major,

lieutenant colonel, and colonel for the Army, Air Force, and Marine

Corps, and in each of the grades of lieutenant commander,

commander, and captain for the Navy, under section 523 of title 10,

United States Code, as added by this Act, is increased by the

number equal to one-half the difference between (1) the actual

number of officers of that armed force serving on active duty in

that grade on September 30, 1980 (excluding officers in categories

specified in subsection (b) of such section), and (2) the number

specified in the table contained in such section for such armed

force and grade based upon the total number of commissioned

officers of such armed force on active duty on September 30, 1981

(excluding officers in categories specified in subsection (b) of

such section).

''RIGHT OF COMMISSIONED OFFICERS WITH PERMANENT ENLISTED OR WARRANT

OFFICER STATUS TO RETIRE IN HIGHEST ENLISTED OR WARRANT OFFICER

GRADE HELD

''Sec. 628. (a) A member of the Army, Navy, Air Force, or Marine

Corps who -

''(1) on the day before the effective date of this Act (Sept.

15, 1981) had a permanent status as an enlisted member or as a

warrant officer (or had a statutory right to be enlisted or to be

appointed as a warrant officer) and was serving as an officer

under a temporary appointment; and

''(2) on or after the effective date of this Act and before

completing 10 years of commissioned service for purposes of

retirement eligibility under section 3911, 6323, or 8911 of title

10, United States Code, completes 20 years of total service, as

determined under section 1405 of such title,

is entitled to retire or transfer to the Fleet Reserve or Fleet

Marine Corps Reserve in the highest grade he held as an enlisted

member or a warrant officer.

''SAVINGS PROVISION FOR RETIRED GRADE FOR OFFICERS NOT SUBSEQUENTLY

PROMOTED

''Sec. 629. In applying section 1370(a)(2) of title 10, United

States Code, as added by this Act, to an officer of the Army, Navy,

Air Force, or Marine Corps who was on active duty on the day before

the effective date of this Act (Sept. 15, 1981) and who on or after

the effective date of this Act is not promoted to a grade higher

than the grade he held on the day before the effective date of this

Act or, in the case of an officer who was on a list of officers

recommended for promotion on such date, is not promoted to a grade

higher than the grade to which he was recommended for promotion,

'two years' shall be substituted for 'three years'. The Secretary

of the military department concerned may waive the requirements of

this section and of section 1370(a)(2) of title 10, United States

Code, as added by this Act, with respect to any officer described

in the preceding sentence.

''EXEMPTION OF CERTAIN OFFICERS FROM SELECTIVE EARLY RETIREMENT

PROVISIONS

''Sec. 630. An officer of the Army, Navy, Air Force, or Marine

Corps who was recommended for continuation on the active list under

the Act entitled 'An Act to provide improved opportunity for

promotion for certain officers in the naval service, and for other

purposes', approved August 11, 1959 (Public Law 86-155; 10 U.S.C.

5701 note), or under section 10 of the Act entitled 'An Act

relating to the promotion and separation of certain officers of the

regular components of the armed forces', approved July 12, 1960

(Public Law 86-616; 10 U.S.C. 3297 note), is not subject to section

638 of title 10, United States Code, as added by this Act, relating

to selective early retirement.

''SAVINGS PROVISION FOR ENTITLEMENT TO READJUSTMENT PAY OR

SEVERANCE PAY UNDER PRIOR PROVISIONS OF LAW

''Sec. 631. (a) A member of the Army, Navy, Air Force, or Marine

Corps who -

''(1) was on active duty (other than for training) on Sept. 14,

1981; and

''(2) after such date is involuntarily discharged or released

from active duty under any provision of title 10, United States

Code, as in effect after such date,

is entitled to receive any readjustment payment or severance pay to

which he would have been entitled under laws in effect on Sept. 14,

1981, unless (in the case of a member discharged or released on or

after the date of the enactment of the Department of Defense

Authorization Act, 1985 (Oct. 19, 1984)) the Secretary concerned

determines that the conditions under which the member is discharged

or separated do not warrant such pay.

''(b) If a member who is entitled to receive a readjustment

payment or severance pay under subsection (a) is also eligible to

receive separation pay under section 1174 of title 10, United

States Code, as added by this Act, the member may not receive both

the readjustment payment and severance pay under laws in effect on

Sept. 14, 1981, and separation pay under such section, but shall

elect which he will receive. If the number fails to make an

election in a timely manner, he shall be paid the amount which is

more favorable to him.

''OFFICERS ON ACTIVE DUTY IN GRADE ABOVE GENERAL

''Sec. 632. Section 1251 of title 10, United States Code, as

added by this Act, relating to mandatory retirement for age, shall

not apply to any officer who on the effective date of this Act

(Sept. 15, 1981) was on active duty in a grade above general.

''DEFINITIONS

''Sec. 633. For the purposes of this title:

''(1) The term 'officer' does not include warrant officers.

''(2) The term 'active-duty list' means the active-duty list

established by the Secretary of the military department concerned

pursuant to section 620 of title 10, United States Code, as added

by this Act.

''SAVINGS PROVISION FOR RETIRED GRADE OF CERTAIN RESERVE OFFICERS

''Sec. 634. Unless entitled to a higher grade under any other

provision of law, a member of the Army or Air Force who is a

reserve officer and who -

''(1) is on active duty on September 14, 1981; and

''(2) after such date retires under section 3911 or 8911 of

title 10, United States Code,

is entitled to retire in the reserve grade which he held or to

which he had been selected for promotion on September 14, 1981.

''SAVINGS PROVISION FOR ORIGINAL APPOINTMENT IN CERTAIN GRADES

UNDER EXISTING REGULATIONS

''Sec. 635. Any person who before September 15, 1981 -

''(1) was selected for participation in a postbaccalaureate

educational program leading to an appointment as a commissioned

officer or had completed a postbaccalaureate program and was

selected for appointment as a commissioned officer of the Army,

Navy, Air Force, or Marine Corps;

''(2) under regulations of the Secretary of the military

department concerned in effect on December 12, 1980, would have

been appointed and ordered to active duty in a grade specified or

determined in accordance with such regulations; and

''(3) had not been so appointed and ordered to active duty,

may be appointed and ordered to active duty in such grade with a

date of rank and position on the active-duty list junior to that of

all other officers of the same grade and competitive category

serving on active duty.

''RETENTION IN GRADE OF CERTAIN RESERVE OFFICERS

''Sec. 636. A reserve officer of the Army, Navy, Air Force, or

Marine Corps who on September 14, 1981 -

''(1) is serving on active duty (A) 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, or (B) under

section 708 of title 32; and

''(2) is serving in a temporary grade or is selected for

promotion to a temporary grade,

may continue to serve in or may be promoted to and serve in such

grade until promoted to a higher grade, separated, or retired.

''SAVINGS PROVISION REGARDING DISCHARGE OF REGULAR OFFICERS

''Sec. 637. An officer of the Regular Army, Regular Navy, Regular

Air Force, or Regular Marine Corps who on September 14, 1981, was

serving on active duty may not be discharged under section

630(1)(A) of title 10, United States Code, as added by this Act, on

or after the day on which that officer completes three years of

continuous service as a regular commissioned officer.

''REPAYMENT OF READJUSTMENT AND SEVERANCE PAY

''Sec. 638. Notwithstanding section 1174(h) of title 10, United

States Code, as added by this Act, a person who received

readjustment or severance pay before September 15, 1981, and who,

on or after September 15, 1981, becomes entitled to retired or

retainer pay under any provision of title 10 or title 14, United

States Code, shall be required to repay that readjustment pay or

severance pay in accordance with the laws in effect on September

14, 1981.

''SAVINGS PROVISION FOR PROMOTION CONSIDERATION OF CERTAIN RETIRED

OFFICERS

''Sec. 639. Notwithstanding sections 619, 620, and 641(4) of

title 10, United States Code, a retired officer serving on active

duty on the date of the enactment of this section (Oct. 19, 1984)

who on September 14, 1981, was on active duty as a retired officer

recalled to active duty and who -

''(1) was eligible for consideration for promotion on that

date; and

''(2) has served continuously on active duty since that date,

may be considered for promotion (under regulations prescribed by

the Secretary of the military department concerned) by a selection

board that convenes after the date of the enactment of this section

as if he had been placed on the active-duty list pursuant to

section 621 of this Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 612, 614, 615, 616, 617,

618, 619, 622, 623, 624, 627, 628, 631, 637, 638, 638a, 688, 1558,

5150, 6383 of this title.

-CITE-

10 USC Sec. 612 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 612. Composition of selection boards

-STATUTE-

(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 of the same armed force as the officers under

consideration by the board. Each member of a selection board

(except as provided in paragraphs (2), (3), and (4)) shall be an

officer on the active-duty list. 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) Except as provided in subparagraph (B), a selection board

shall include at least one officer from each competitive category

of officers to be considered by the board.

(B) A selection board need not include an officer from a

competitive category to be considered by the board when there are

no officers of that competitive category on the active-duty list in

a grade higher than the grade of the officers to be considered by

the board and eligible to serve on the board. However, in such a

case the Secretary of the military department concerned, in his

discretion, may appoint as a member of the board an officer of that

competitive category who is not on the active-duty list from among

officers of the same armed force as the officers under

consideration by the board who hold a higher grade than the grade

of the officers under consideration and who are retired officers,

reserve officers serving on active duty but not on the active-duty

list, or members of the Ready Reserve.

(3) When reserve officers of an armed force are to be considered

by a selection board, the membership of the board shall include at

least one reserve officer of that armed force on active duty

(whether or not on the active-duty list). The actual number of

reserve officers shall be determined by the Secretary of the

military department concerned, in the Secretary's discretion.

Notwithstanding the first sentence of this paragraph, 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 rear admiral (lower half), no reserve officer need be included

if there are no reserve officers of that armed force on active duty

in the next higher grade who are eligible to serve on the board.

(4) Except as provided in paragraphs (2) and (3), if qualified

officers on the active-duty list are not available in sufficient

number 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 officers who are members of the

same armed force and hold a grade higher than the grade of the

officers under consideration by the board and who are retired

officers, reserve officers serving on active duty but not on the

active-duty list, or members of the Ready Reserve.

(5) 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

convened under section 611(a) of this title for the consideration

of officers of the same competitive category and grade.

(c) Each selection board convened under section 611(a) of this

title that will consider officers who are serving in, or have

served in, joint duty assignments shall include at least one

officer designated by the Chairman of the Joint Chiefs of Staff who

is currently serving in a joint duty assignment. The Secretary of

Defense may waive the preceding sentence in the case of any

selection board of the Marine Corps.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2851; amended Pub. L. 97-22, Sec. 4(a), July 10, 1981, 95 Stat.

125; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95

Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985,

99 Stat. 628; Pub. L. 99-433, title IV, Sec. 402(a), Oct. 1, 1986,

100 Stat. 1030; Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

504(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-101.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 504(a)(1)), struck out ''who are on the active-duty list''

after ''five or more officers'' in second sentence and inserted

after second sentence ''Each member of a selection board (except as

provided in paragraphs (2), (3), and (4)) shall be an officer on

the active-duty list.''

Subsec. (a)(3). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

504(a)(2)), substituted ''of that armed force on active duty

(whether or not on the active-duty list). The actual number of

reserve officers shall be'' for ''of that armed force, with the

exact number of reserve officers to be'' and ''the Secretary's

discretion. Notwithstanding the first sentence of this

paragraph,'' for ''his discretion, except that''.

1986 - Subsec. (c). Pub. L. 99-433 added subsec. (c).

1985 - Subsec. (a)(3). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1981 - Subsec. (a)(2). Pub. L. 97-22, Sec. 4(a)(1), designated

existing provisions as subpar. (A), substituted ''Except as

provided in subparagraph (B), a selection board'' for ''A selection

board'', and added subpar. (B).

Subsec. (a)(3). Pub. L. 97-86 substituted ''commodore'' for

''commodore admiral''.

Pub. L. 97-22, Sec. 4(a)(2), inserted '', with the exact number

of reserve officers to be determined by the Secretary of the

military department concerned in his discretion'' after ''at least

one reserve officer of that armed force'' and inserted ''who are

eligible to serve on the board'' after ''the next higher grade''.

Subsec. (a)(4). Pub. L. 97-22, Sec. 4(a)(3), substituted ''Except

as provided in paragraphs (2) and (3)'' for ''Except as provided in

paragraph (3)'' and ''officers who are members of the same armed

force and hold a grade higher than the grade of the officers under

consideration by the board and who are retired officers, reserve

officers serving on active duty but not on the active-duty list, or

members of the Ready Reserve'' for ''retired officers of the same

armed force who hold a retired grade higher than the grade of the

officers under consideration by the board'' and designated as par.

(5) provisions that retired general or flag officers on active duty

for the purpose of serving on a selection board not be counted

against any limitation on the number of general and flag officers

who may be on active duty.

Subsec. (a)(5). Pub. L. 97-22, Sec. 4(a)(3), added par. (5)

consisting of provisions, formerly contained in par. (4).

Subsec. (b). Pub. L. 97-22, Sec. 4(a)(4), inserted ''convened

under section 611(a) of this title'' after ''selection boards''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 504(b)), Oct.

30, 2000, 114 Stat. 1654, 1654A-102, provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply to any selection board convened under section 611(a) of title

10, United States Code, on or after August 1, 1981.''

EFFECTIVE DATE OF 1986 AMENDMENT

Section 406(f) of Pub. L. 99-433 provided that: ''The amendments

made by section 402 (amending this section and sections 615 and 618

of this title) shall take effect with respect to selection boards

convened under section 611(a) of title 10, United States Code,

after the end of the 120-day period beginning on the date of the

enactment of this Act (Oct. 1, 1986).''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 628, 12643 of this title.

-CITE-

10 USC Sec. 613 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 613. Oath of members of selection boards

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2851.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 628 of this title.

-CITE-

10 USC Sec. 614 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 614. Notice of convening of selection boards

-STATUTE-

(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 which shall include 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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2852; amended Pub. L. 97-22, Sec. 4(b), July 10, 1981, 95 Stat.

126; Pub. L. 102-190, div. A, title V, Sec. 504(a)(2)(A), Dec. 5,

1991, 105 Stat. 1357.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190 struck out ''; communications with

boards'' after ''selection boards'' in section catchline.

1981 - Subsec. (a). Pub. L. 97-22 substituted ''which shall

include the convening date of the board'' for '', the names of the

officers eligible for consideration by the board as of the date of

the notification, the convening date of the board,''.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 applicable to selection boards

convened under section 611(a) of this title after end of 60-day

period beginning Dec. 5, 1991, see section 504(e) of Pub. L.

102-190, set out as a note under section 615 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 615, 617, 1174 of this

title.

-CITE-

10 USC Sec. 615 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 615. Information furnished to selection boards

-STATUTE-

(a)(1) The Secretary of Defense shall prescribe regulations

governing information furnished to selection boards convened under

section 611(a) of this title. Those regulations shall apply

uniformly among the military departments. Any regulations

prescribed by the Secretary of a military department to supplement

those regulations may not take effect without the approval of the

Secretary of Defense in writing.

(2) No information concerning a particular eligible officer may

be furnished to a selection board except for the following:

(A) Information that is in the officer's official military

personnel file and that is provided to the selection board in

accordance with the regulations prescribed by the Secretary of

Defense pursuant to paragraph (1).

(B) Other information that is determined by the Secretary of

the military department concerned, after review by that Secretary

in accordance with standards and procedures set out in the

regulations prescribed by the Secretary of Defense pursuant to

paragraph (1), to be substantiated, relevant information that

could reasonably and materially affect the deliberations of the

selection board.

(C) Subject to such limitations as may be prescribed in those

regulations, information communicated to the board by the officer

in accordance with this section, section 614(b) of this title

(including any comment on information referred to in subparagraph

(A) regarding that officer), or other applicable law.

(D) A factual summary of the information described in

subparagraphs (A), (B), and (C) that, in accordance with the

regulations prescribed pursuant to paragraph (1), is prepared by

administrative personnel for the purpose of facilitating the work

of the selection board.

(3) Information provided to a selection board in accordance with

paragraph (2) shall be made available to all members of the board

and shall be made a part of the record of the board. Communication

of such information shall be in a written form or in the form of an

audio or video recording. If a communication is in the form of an

audio or video recording, a written transcription of the recording

shall also be made a part of the record of the selection board.

(4) Paragraphs (2) and (3) do not apply to the furnishing of

appropriate administrative processing information to the selection

board by administrative staff designated to assist the board, but

only to the extent that oral communications are necessary to

facilitate the work of the board.

(5) Information furnished to a selection board that is described

in subparagraph (B), (C), or (D) of paragraph (2) may not be

furnished to a later selection board unless -

(A) the information has been properly placed in the official

military personnel file of the officer concerned; or

(B) the information is provided to the later selection board in

accordance with paragraph (2).

(6)(A) Before information described in paragraph (2)(B) regarding

an eligible officer is furnished to a selection board, the

Secretary of the military department concerned shall ensure -

(i) that such information is made available to such officer;

and

(ii) that the officer is afforded a reasonable opportunity to

submit comments on that information to the selection board.

(B) If an officer cannot be given access to the information

referred to in subparagraph (A) because of its classification

status, the officer shall, to the maximum extent practicable, be

furnished with an appropriate summary of the information.

(b) 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 or guidelines relating to the needs of the

armed force concerned for officers having particular skills,

including guidelines or information relating to the need for

either a minimum number or a maximum number of officers with

particular skills within a competitive category;

(5) guidelines, based upon guidelines received by the Secretary

from the Secretary of Defense under subsection (c), for the

purpose of ensuring that the board gives appropriate

consideration to the performance in joint duty assignments of

officers who are serving, or have served, in such assignments;

and

(6) such other information and guidelines as may be necessary

to enable the board to properly perform its functions.

(c) The Secretary of Defense, with the advice and assistance of

the Chairman of the Joint Chiefs of Staff, shall furnish to the

Secretaries of the military departments guidelines for the purpose

of ensuring that each selection board convened under section 611(a)

of this title gives appropriate consideration to the performance in

joint duty assignments of officers who are serving, or have served,

in such assignments.

(d) Information or guidelines furnished to a selection board

under subsection (b) may not be modified, withdrawn, or

supplemented after the board submits the report to the Secretary of

the military department concerned pursuant to section 617(a) of

this title, except that, in the case of a report returned to a

board pursuant to section 618(a)(2) of this title for further

proceedings because of a determination by the Secretary of the

military department concerned that the board acted contrary to law,

regulation, or guidelines, the Secretary may modify, withdraw, or

supplement such information or guidelines as part of a written

explanation to the board as provided in that section.

(e) The Secretary of each military department, under uniform

regulations prescribed by the Secretary of Defense, shall include

in guidelines furnished to a selection board convened under section

611(a) of this title that is considering officers in a

health-professions competitive category for promotion to a grade

below colonel or, in the case of the Navy, captain, a direction

that the board give consideration to an officer's clinical

proficiency and skill as a health professional to at least as great

an extent as the board gives to the officer's administrative and

management skills.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2852; amended Pub. L. 99-433, title IV, Sec. 402(b), Oct. 1, 1986,

100 Stat. 1030; Pub. L. 100-456, div. A, title V, Sec. 501(a),

Sept. 29, 1988, 102 Stat. 1965; Pub. L. 101-189, div. A, title V,

Sec. 519, Nov. 29, 1989, 103 Stat. 1444; Pub. L. 102-190, div. A,

title V, Sec. 504(a)(1), Dec. 5, 1991, 105 Stat. 1355; Pub. L.

102-484, div. A, title X, Sec. 1052(7), Oct. 23, 1992, 106 Stat.

2499.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(5). Pub. L. 102-484, Sec. 1052(7)(A),

substituted ''subsection (c)'' for ''subsection (b)''.

Subsec. (d). Pub. L. 102-484, Sec. 1052(7)(B), substituted

''subsection (b)'' for ''subsection (a)''.

1991 - Pub. L. 102-190 added subsec. (a) and redesignated former

subsecs. (a) to (d) as (b) to (e), respectively.

1989 - Subsec. (d). Pub. L. 101-189 added subsec. (d).

1988 - Subsec. (a)(4). Pub. L. 100-456, Sec. 501(a)(1), added cl.

(4) and struck out former cl. (4) which read as follows:

''information relating to the needs of the armed force concerned

for officers having particular skills;''.

Subsec. (c). Pub. L. 100-456, Sec. 501(a)(2), added subsec. (c).

1986 - Pub. L. 99-433 designated existing provisions as subsec.

(a), added par. (5), redesignated former par. (5) as (6), and added

subsec. (b).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 504(e) of Pub. L. 102-190 provided that: ''The amendments

made by this section (amending this section and sections 614, 616,

618, and 619 of this title) shall apply to selection boards

convened under section 611(a) of title 10, United States Code,

after the end of the 60-day period beginning on the date of the

enactment of this Act (Dec. 5, 1991).''

EFFECTIVE DATE OF 1988 AMENDMENT

Section 501(e) of Pub. L. 100-456 provided that: ''The amendments

made by this section (amending this section and sections 616 to 618

of this title) shall take effect 60 days after the date of the

enactment of this Act (Sept. 29, 1988) and shall apply with respect

to selection boards convened under section 611(a) of title 10,

United States Code, on or after that effective date.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-433 effective with respect to selection

boards convened under section 611(a) of this title after end of

120-day period beginning on Oct. 1, 1986, see section 406(f) of

Pub. L. 99-433, set out as a note under section 612 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 616, 617, 618 of this

title.

-CITE-

10 USC Sec. 616 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 616. Recommendations for promotion by selection boards

-STATUTE-

(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 (as noted in the guidelines or

information furnished the board under section 615(b) of this

title), 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.

(e) The recommendations of a selection board may be disclosed

only in accordance with regulations prescribed by the Secretary of

Defense. Those recommendations may not be disclosed to a person not

a member of the board (or a member of the administrative staff

designated by the Secretary concerned to assist the board) until

the written report of the recommendations of the board, required by

section 617 of this title, is signed by each member of the board.

(f) The Secretary convening a selection board under section

611(a) of this title, and an officer or other official exercising

authority over any member of a selection board, may not -

(1) censure, reprimand, or admonish the selection board or any

member of the board with respect to the recommendations of the

board or the exercise of any lawful function within the

authorized discretion of the board; or

(2) attempt to coerce or, by any unauthorized means, influence

any action of a selection board or any member of a selection

board in the formulation of the board's recommendations.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2852; amended Pub. L. 100-456, div. A, title V, Sec. 501(b), Sept.

29, 1988, 102 Stat. 1966; Pub. L. 102-190, div. A, title V, Sec.

504(b), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 102-484, div. A,

title X, Sec. 1052(8), Oct. 23, 1992, 106 Stat. 2499.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-484 substituted ''section 615(b)'' for

''section 615(a)''.

1991 - Subsecs. (e), (f). Pub. L. 102-190 added subsecs. (e) and

(f).

1988 - Subsec. (a). Pub. L. 100-456 inserted ''(as noted in the

guidelines or information furnished the board under section 615(a)

of this title)'' after ''particular skills''.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 applicable to selection boards

convened under section 611(a) of this title after end of 60-day

period beginning Dec. 5, 1991, see section 504(e) of Pub. L.

102-190, set out as a note under section 615 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,

1988, and applicable with respect to selection boards convened

under section 611(a) of this title on or after that effective date,

see section 501(e) of Pub. L. 100-456, set out as a note under

section 615 of this title.

-CITE-

10 USC Sec. 617 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 617. Reports of selection boards

-STATUTE-

(a) Each selection board convened under section 611(a) of this

title 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 (as noted in the guidelines

or information furnished the board under section 615(b) of this

title) among those officers whose names were furnished to the

selection board.

(b) A selection board convened under section 611(a) of this title

shall include in its report to the Secretary concerned the name of

any regular or reserve 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 or 1411 of this title to show cause for his retention on

active duty.

(c) A selection board convened under section 611(a) of this title

shall include in its report to the Secretary concerned the name of

any officer considered and not recommended for promotion by the

board who submitted to the board a request not to be selected for

promotion or who otherwise directly caused his nonselection through

written communication to the Board under section 614(b) of this

title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2853; amended Pub. L. 100-456, div. A, title V, Sec. 501(c), Sept.

29, 1988, 102 Stat. 1966; Pub. L. 102-484, div. A, title X, Sec.

1052(8), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div. A,

title XVI, Sec. 1623, Oct. 5, 1994, 108 Stat. 2961; Pub. L.

105-261, div. A, title V, Sec. 502(b), Oct. 17, 1998, 112 Stat.

2003; Pub. L. 106-65, div. A, title V, Sec. 503(a), Oct. 5, 1999,

113 Stat. 590.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 struck out ''regular'' before

''officer''.

1998 - Subsec. (c). Pub. L. 105-261 added subsec. (c).

1994 - Subsec. (b). Pub. L. 103-337 inserted ''or reserve'' after

''any regular'' and ''or 1411'' after ''chapter 60''.

1992 - Subsec. (a). Pub. L. 102-484 substituted ''section

615(b)'' for ''section 615(a)''.

1988 - Subsec. (a)(2). Pub. L. 100-456 inserted ''(as noted in

the guidelines or information furnished the board under section

615(a) of this title)'' after ''concerned''.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 503(b), Oct. 5, 1999, 113

Stat. 590, provided that: ''The amendment made by subsection (a)

(amending this section) shall apply with respect to boards convened

under section 611(a) of title 10, United States Code, on or after

the date of the enactment of this Act (Oct. 5, 1999).''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title V, Sec. 502(c), Oct. 17, 1998,

112 Stat. 2003, provided that: ''The amendments made by this

section (amending this section and section 1174 of this title)

shall apply with respect to selection boards convened under section

611(a) of title 10, United States Code, on or after the date of the

enactment of this Act (Oct. 17, 1998).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section

1691(b)(1) of Pub. L. 103-337, set out as a note under section

10001 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,

1988, and applicable with respect to selection boards convened

under section 611(a) of this title on or after that effective date,

see section 501(e) of Pub. L. 100-456, set out as a note under

section 615 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 615, 616, 618, 628 of

this title.

-CITE-

10 USC Sec. 618 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER I - SELECTION BOARDS

-HEAD-

Sec. 618. Action on reports of selection boards

-STATUTE-

(a)(1) Upon receipt of the report of a selection board submitted

to him under section 617(a) of this title, the Secretary of the

military department concerned shall review the report to determine

whether the board has acted contrary to law or regulation or to

guidelines furnished the board under section 615(b) of this title.

Following such review, unless the Secretary concerned makes a

determination as described in paragraph (2), the Secretary shall

submit the report as required by subsection (b) or (c), as

appropriate.

(2) If, on the basis of a review of the report under paragraph

(1), the Secretary of the military department concerned determines

that the board acted contrary to law or regulation or to guidelines

furnished the board under section 615(b) of this title, the

Secretary shall return the report, together with a written

explanation of the basis for such determination, to the board for

further proceedings. Upon receipt of a report returned by the

Secretary concerned under this paragraph, 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

to be consistent with law, regulation, and such guidelines and

shall resubmit the report, as revised, to the Secretary in

accordance with section 617 of this title.

(b)(1) After completing the requirements of subsection (a), the

Secretary concerned, in the case of the report of a selection board

that considered officers who are serving, or have served, in joint

duty assignments, shall submit the report to the Chairman of the

Joint Chiefs of Staff.

(2) The Chairman, in accordance with guidelines furnished to the

Chairman by the Secretary of Defense, shall review the report for

the purpose of determining if -

(A) the selection board acted consistent with the guidelines of

the Secretary of Defense under section 615(c) of this title to

ensure that selection boards give appropriate consideration to

the performance in joint duty assignments of officers who are

serving, or have served, in such assignments; and

(B) the selection board otherwise gave appropriate

consideration to the performance in joint duty assignments of

officers who are serving, or have served, in such assignments.

(3) After reviewing the report, the Chairman shall return the

report, with his determinations and comments, to the Secretary

concerned.

(4) If the Chairman determines that the board acted contrary to

the guidelines of the Secretary of Defense under section 615(c) of

this title or otherwise failed to give appropriate consideration to

the performance of officers in joint duty assignments, the

Secretary concerned may -

(A) return the report, together with the Chairman's

determinations and comments, to the selection board (or a

subsequent selection board convened under section 611(a) of this

title for the same grade and competitive category) for further

proceedings in accordance with subsection (a);

(B) convene a special selection board in the manner provided

for under section 628 of this title; or

(C) take other appropriate action to satisfy the concerns of

the Chairman.

(5) If, after completion of all actions taken under paragraph

(4), the Secretary concerned and the Chairman remain in

disagreement with respect to the report of a selection board, the

Secretary concerned shall indicate such disagreement, and the

reasons for such disagreement, as part of his transmittal of the

report of the selection board to the Secretary of Defense under

subsection (c). Such transmittal shall include any comments

submitted by the Chairman.

(c)(1) After his final review of the report of a selection board,

the Secretary concerned shall submit the report, with his

recommendations thereon, to the Secretary of Defense for

transmittal to the President for his approval or disapproval. The

Secretary of Defense shall, before transmitting the report of a

selection board to the President, take appropriate action to

resolve any disagreement between the Secretary concerned and the

Chairman transmitted to him under subsection (b)(5). If the

authority of the President under this paragraph to approve or

disapprove the report of a selection board is delegated to the

Secretary of Defense, it may not be redelegated except to an

official in the Office of the Secretary of Defense.

(2) If the report of a selection board names an officer as having

a record which indicates that the officer should be required to

show cause for his retention on active duty, the Secretary

concerned may provide for the review of the record of that officer

as provided for under regulations prescribed under section 1181 of

this title.

(d) 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.

(e)(1) The names of the officers recommended for promotion in the

report of a selection board shall be disseminated to the armed

force concerned as follows:

(A) In the case of officers recommended for promotion to a

grade below brigadier general or rear admiral (lower half), such

names may be disseminated upon, or at any time after, the

transmittal of the report to the President.

(B) In the case of officers recommended for promotion to a

grade above colonel or, in the case of the Navy, captain, such

names may be disseminated upon, or at any time after, the

approval of the report by the President.

(C) In the case of officers whose names have not been sooner

disseminated, such names shall be promptly disseminated upon

confirmation by the Senate.

(2) A list of names of officers disseminated under paragraph (1)

may not include -

(A) any name removed by the President from the report of the

selection board containing that name, if dissemination is under

the authority of subparagraph (B) of such paragraph; or

(B) the name of any officer whose promotion the Senate failed

to confirm, if dissemination is under the authority of

subparagraph (C) of such paragraph.

(f) 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.

(g) If the Secretary of a military department or the Secretary of

Defense makes a recommendation under this section that the name of

an officer be removed from a report of a selection board and the

recommendation is accompanied by information that was not presented

to that selection board, that information shall be made available

to that officer. The officer shall then be afforded a reasonable

opportunity to submit comments on that information to the officials

making the recommendation and the officials reviewing the

recommendation. If an eligible officer cannot be given access to

such information because of its classification status, the officer

shall, to the maximum extent practicable, be provided with an

appropriate summary of the information.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2853; amended Pub. L. 98-525, title V, Sec. 524(a), Oct. 19, 1984,

98 Stat. 2524; Pub. L. 99-433, title IV, Sec. 402(c), Oct. 1, 1986,

100 Stat. 1030; Pub. L. 100-456, div. A, title V, Sec. 501(d),

Sept. 29, 1988, 102 Stat. 1966; Pub. L. 102-190, div. A, title V,

Sec. 504(c), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 102-484, div.

A, title X, Sec. 1052(8), (9), Oct. 23, 1992, 106 Stat. 2499; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 503(a)), Oct. 30, 2000,

114 Stat. 1654, 1654A-100.)

-MISC1-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-398 amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''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.''

1992 - Subsec. (a)(1), (2). Pub. L. 102-484, Sec. 1052(8),

substituted ''section 615(b)'' for ''section 615(a)''.

Subsec. (b)(2)(A), (4). Pub. L. 102-484, Sec. 1052(9),

substituted ''section 615(c)'' for ''section 615(b)''.

1991 - Subsec. (g). Pub. L. 102-190 added subsec. (g).

1988 - Subsec. (a). Pub. L. 100-456, Sec. 501(d)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''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.''

Subsec. (c)(1). Pub. L. 100-456, Sec. 501(d)(2), struck out '',

modification,'' after ''for his approval'' and inserted at end ''If

the authority of the President under this paragraph to approve or

disapprove the report of a selection board is delegated to the

Secretary of Defense, it may not be redelegated except to an

official in the Office of the Secretary of Defense.''

1986 - Subsec. (b). Pub. L. 99-433, Sec. 402(c)(1), (2), added

subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 99-433, Sec. 402(c)(1), (3), redesignated

subsec. (b) as (c) and in par. (1) inserted provisions directing

the Secretary of Defense, before transmitting the report, to take

appropriate action to resolve any disagreement between the

Secretary concerned and the Chairman. Former subsec. (c)

redesignated (d).

Subsecs. (d) to (f). Pub. L. 99-433, Sec. 402(c)(1), redesignated

subsecs. (c) to (e) as (d) to (f), respectively.

1984 - Subsec. (b)(2). Pub. L. 98-525 substituted ''If the report

of a selection board names an officer as having a record which

indicates that the officer should be required to show cause for his

retention on active duty, the Secretary concerned may provide for

the review of the record of that officer as provided for under

regulations prescribed under section 1181 of this title'' for ''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''.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 applicable to selection boards

convened under section 611(a) of this title after end of 60-day

period beginning Dec. 5, 1991, see section 504(e) of Pub. L.

102-190, set out as a note under section 615 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective 60 days after Sept. 29,

1988, and applicable with respect to selection boards convened

under section 611(a) of this title on or after that effective date,

see section 501(e) of Pub. L. 100-456, set out as a note under

section 615 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-433 effective with respect to selection

boards convened under section 611(a) of this title after end of

120-day period beginning on Oct. 1, 1986, see section 406(f) of

Pub. L. 99-433, set out as a note under section 612 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b)(1) to approve, modify,

or disapprove report of a selection board delegated to Secretary of

Defense to perform, without approval, ratification, or other action

by President, and with authority for Secretary to redelegate, see

Ex. Ord. No. 12396, Sec. 1(a), 3, Dec. 9, 1982, 47 F.R. 55897,

55898, set out as a note under section 301 of Title 3, The

President.

Nothing in section 1 of Ex. Ord. No. 12396 deemed to delegate

authority vested in President by subsec. (c) of this section to

remove a name from a selection board report, see section 1(g) of

Ex. Ord. No. 12396.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 615, 628 of this title.

-CITE-

10 USC SUBCHAPTER II - PROMOTIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

.

-HEAD-

SUBCHAPTER II - PROMOTIONS

-MISC1-

Sec.

619. Eligibility for consideration for promotion: time-in-grade and

other requirements.

619a. Eligibility for consideration for promotion: joint duty

assignment required before promotion to general or flag grade;

exceptions.

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 rear admiral (lower half).

626. Acceptance of promotions; oath of office.

AMENDMENTS

1993 - Pub. L. 103-160, div. A, title IX, Sec. 931(c)(2), Nov.

30, 1993, 107 Stat. 1734, added items 619 and 619a and struck out

former item 619 ''Eligibility for consideration for promotion''.

1985 - Pub. L. 99-145, title V, Sec. 514(b)(4)(B), Nov. 8, 1985,

99 Stat. 628, substituted ''rear admiral (lower half)'' for

''commodore'' in item 625.

1981 - Pub. L. 97-86, title IV, Sec. 405(b)(4)(B), Dec. 1, 1981,

95 Stat. 1106, substituted ''commodore'' for ''commodore admiral''

in item 625.

-CITE-

10 USC Sec. 619 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 619. Eligibility for consideration for promotion:

time-in-grade and other requirements

-STATUTE-

(a) Time-in-Grade Requirements. - (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), except that the minimum period of service in

effect under this subparagraph before October 1, 2005, shall be

eighteen months.

(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 rear admiral

(lower half).

(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 waive

paragraph (2) to the extent necessary to assure that officers

described in subparagraph (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) Continued Eligibility for Consideration for Promotion of

Officers Who Have Previously Failed of Selection. - (1) Except as

provided in paragraph (2), an officer who has failed of selection

for promotion to the next 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.

(2) Paragraph (1) does not apply to a regular officer who is

ineligible for consideration for promotion under section 631(c) of

this title or to a reserve officer who has failed of selection for

promotion to the grade of captain or, in the case of an officer of

the Navy, lieutenant for the second time.

(c) Officers To Be Considered by Promotion Boards. - (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, in accordance with standards and procedures prescribed

by the Secretary of Defense in regulations which shall apply

uniformly among the military departments, limit the officers to

be considered by a selection board from below the promotion zone

to those officers who are determined to be exceptionally well

qualified for promotion;

(B) may, by regulation, prescribe a period of time, not to

exceed one year, from the time an officer is placed on the

active-duty list during which the officer shall be ineligible for

consideration for promotion; and

(C) may, by regulation, preclude from consideration by a

selection board by which he would otherwise be eligible to be

considered, an officer who has an established separation date

that is within 90 days after the date the board is convened.

(3)(A) The Secretary of Defense may authorize the Secretaries of

the military departments to preclude from consideration by

selection boards for promotion to the grade of brigadier general or

rear admiral (lower half) officers in the grade of colonel or, in

the case of the Navy, captain who -

(i) have been considered and not selected for promotion to the

grade of brigadier general or rear admiral (lower half) by at

least two selection boards; and

(ii) are determined, in accordance with standards and

procedures prescribed pursuant to subparagraph (B), as not being

exceptionally well qualified for promotion.

(B) If the Secretary of Defense authorizes the Secretaries of the

military departments to have the authority described in

subparagraph (A), the Secretary shall prescribe by regulation the

standards and procedures for the exercise of such authority. Those

regulations shall apply uniformly among the military departments

and shall include the following provisions:

(i) A requirement that the Secretary of a military department

may exercise such authority in the case of a particular selection

board only if the Secretary of Defense approves the exercise of

that authority for that board.

(ii) A requirement that an officer may be precluded from

consideration by a selection board under this paragraph only upon

the recommendation of a preselection board of officers convened

by the Secretary of the military department concerned and

composed of at least three officers all of whom are serving in a

grade higher than the grade of such officer.

(iii) A requirement that such a preselection board may not

recommend that an officer be precluded from such consideration

unless the Secretary concerned has given the officer advance

written notice of the convening of such board and of the military

records that will be considered by the board and has given the

officer a reasonable period before the convening of the board in

which to submit comments to the board.

(iv) A requirement that the Secretary convening such a

preselection board shall provide general guidance to the board in

accordance with standards and procedures prescribed by the

Secretary of Defense in those regulations.

(v) A requirement that the preselection board may recommend

that an officer be precluded from consideration by a selection

board only on the basis of the general guidance provided by the

Secretary of the military department concerned, information in

the officer's official military personnel records that has been

described in the notice provided the officer as required pursuant

to clause (iii), and any communication to the board received from

that officer before the board convenes.

(d) Certain Officers Not To Be Considered. - A selection board

convened under section 611(a) of this title may not consider for

promotion to the next higher grade any of the following officers:

(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.

(2) An officer who is recommended for promotion to that grade

in the report of an earlier selection board convened under that

section, in the case of such a report that has not yet been

approved by the President.

(3) An officer of the Marine Corps who is an officer designated

for limited duty and who holds a grade above major.

(4) An officer in the grade of first lieutenant or, in the case

of the Navy, lieutenant (junior grade) who is on an approved

all-fully-qualified-officers list under section 624(a)(3) of this

title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2854; amended Pub. L. 97-22, Sec. 4(c), July 10, 1981, 95 Stat.

126; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95

Stat. 1105; Pub. L. 98-525, title V, Sec. 525(a), (b), 529(a), Oct.

19, 1984, 98 Stat. 2524, 2525, 2526; Pub. L. 99-145, title V, Sec.

514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-433, title IV,

Sec. 404, Oct. 1, 1986, 100 Stat. 1032; Pub. L. 100-180, div. A,

title XIII, Sec. 1305(a), 1314(b)(4), Dec. 4, 1987, 101 Stat. 1173,

1175; Pub. L. 100-456, div. A, title V, Sec. 515(a)(1), (b), Sept.

29, 1988, 102 Stat. 1970; Pub. L. 102-190, div. A, title V, Sec.

504(d), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 103-160, div. A,

title IX, Sec. 931(b), (c)(1), Nov. 30, 1993, 107 Stat. 1734; Pub.

L. 103-337, div. A, title X, Sec. 1070(b)(7), Oct. 5, 1994, 108

Stat. 2857; Pub. L. 105-85, div. A, title V, Sec. 503(a), Nov. 18,

1997, 111 Stat. 1724; Pub. L. 107-107, div. A, title V, Sec. 504,

505(c)(1)(A), Dec. 28, 2001, 115 Stat. 1085, 1087.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 504(b)(1), inserted

heading.

Subsec. (a)(1)(B). Pub. L. 107-107, Sec. 504(a), inserted '',

except that the minimum period of service in effect under this

subparagraph before October 1, 2005, shall be eighteen months''

before period at end.

Subsec. (a)(4). Pub. L. 107-107, Sec. 504(c), substituted

''subparagraph (A)'' for ''clause (A)''.

Subsec. (b). Pub. L. 107-107, Sec. 504(b)(2), inserted heading.

Subsec. (c). Pub. L. 107-107, Sec. 504(b)(3), inserted heading.

Subsec. (d). Pub. L. 107-107, Sec. 504(b)(4), inserted heading.

Subsec. (d)(4). Pub. L. 107-107, Sec. 505(c)(1)(A), added par.

(4).

1997 - Subsec. (d). Pub. L. 105-85, Sec. 503(a)(1), substituted

''grade any of the following officers:'' for ''grade - '' in

introductory provisions.

Subsec. (d)(1). Pub. L. 105-85, Sec. 503(a)(2), substituted ''An

officer'' for ''an officer'' and a period for ''; or''.

Subsec. (d)(2). Pub. L. 105-85, Sec. 503(a)(4), added par. (2).

Former par. (2) redesignated (3).

Subsec. (d)(3). Pub. L. 105-85, Sec. 503(a)(3), redesignated par.

(2) as (3) and substituted ''An officer'' for ''an officer''.

1994 - Pub. L. 103-337 made technical correction to directory

language of Pub. L. 103-160, Sec. 931(c)(1). See 1993 Amendment

note below.

1993 - Pub. L. 103-160, Sec. 931(c)(1), as amended by Pub. L.

103-337, inserted '': time-in-grade and other requirements'' in

section catchline.

Subsec. (e). Pub. L. 103-160, Sec. 931(b), struck out subsec. (e)

which specified certain requirements for appointment to grade of

brigadier general or rear admiral (lower half). See section 619a

of this title.

1991 - Subsec. (c)(2). Pub. L. 102-190, Sec. 504(d)(1), added

subpar. (A), redesignated subpars. (C) and (D) as (B) and (C)

respectively, and struck out former subpars. (A) and (B) which read

as follows:

''(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 rear admiral

(lower half),

to those officers who are determined to be exceptionally well

qualified for promotion;

''(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 for the purposes of clause (A);''.

Subsec. (c)(3). Pub. L. 102-190, Sec. 504(d)(2), added par. (3).

1988 - Subsec. (e)(1). Pub. L. 100-456, Sec. 515(a)(1)(A),

substituted ''January 1, 1994'' for ''January 1, 1992'' in second

sentence.

Subsec. (e)(2)(D), (E). Pub. L. 100-456, Sec. 515(b)(1), added

subpars. (D) and (E) and struck out former subpar. (D) which read

as follows: ''until January 1, 1992, in the case of an officer who

served before October 1, 1986, in an assignment (other than a joint

duty assignment) that involved significant experience in joint

matters (as determined by the Secretary).''

Subsec. (e)(3)(C). Pub. L. 100-456, Sec. 515(b)(2), substituted

''paragraph (2) (other than under subparagraph (A) of that

paragraph)'' for ''paragraph (2)(B), (2)(C), or (2)(D)''.

Subsec. (e)(5). Pub. L. 100-456, Sec. 515(a)(1)(B), added par.

(5).

1987 - Subsec. (e)(1). Pub. L. 100-180, Sec. 1305(a), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''An officer may not be selected for promotion to the grade of

brigadier general or rear admiral (lower half) unless the officer

has served in a joint duty assignment.''

Subsec. (e)(2)(D). Pub. L. 100-180, Sec. 1314(b)(4), substituted

''October 1, 1986,'' for ''the date of the enactment of this

subsection''.

1986 - Subsec. (e). Pub. L. 99-433 added subsec. (e).

1985 - Subsecs. (a)(2)(B), (c)(2)(A)(ii). Pub. L. 99-145

substituted ''rear admiral (lower half)'' for ''commodore''.

1984 - Subsec. (b). Pub. L. 98-525, Sec. 525(a), designated

existing provisions as par. (1), substituted ''Except as provided

in paragraph (2), an officer'' for ''An officer'', and added par.

(2).

Subsec. (c)(2)(D). Pub. L. 98-525, Sec. 525(b), added subpar.

(D).

Subsec. (d)(2). Pub. L. 98-525, Sec. 529(a), struck out ''Navy

or'' before ''Marine Corps'' and struck out ''lieutenant commander

or'' before ''major''.

1981 - Subsec. (a)(2)(B). Pub. L. 97-86 substituted ''commodore''

for ''commodore admiral''.

Subsec. (c)(2)(A). Pub. L. 97-22, Sec. 4(c)(1), struck out

''and'' after ''promotion;''.

Subsec. (c)(2)(A)(ii). Pub. L. 97-86 substituted ''commodore''

for ''commodore admiral''.

Subsec. (c)(2)(B). Pub. L. 97-22, Sec. 4(c)(2), substituted ''for

the purposes of clause (A); and'' for the period at end of cl. (B).

Subsec. (c)(2)(C). Pub. L. 97-22, Sec. 4(c)(3), added cl. (C).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 503(d) of Pub. L. 105-85 provided that: ''The amendments

made by this section (amending this section and section 14301 of

this title) shall take effect on the date of the enactment of this

Act (Nov. 18, 1997) and shall apply with respect to selection

boards that are convened under section 611(a), 14101(a), or 14502

of title 10, United States Code, on or after that date.''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 1070(b) of Pub. L. 103-337 provided that the amendment

made by that section is effective as of Nov. 30, 1993, and as if

included in the National Defense Authorization Act for Fiscal Year

1994, Pub. L. 103-160, as enacted.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 applicable to selection boards

convened under section 611(a) of this title after end of 60-day

period beginning Dec. 5, 1991, see section 504(e) of Pub. L.

102-190, set out as a note under section 615 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Subchapter effective Sept. 15, 1981, but the authority to

prescribe regulations under this subchapter effective on Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as an Effective

Date of 1980 Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 661, 663 of this title.

-CITE-

10 USC Sec. 619a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 619a. Eligibility for consideration for promotion: joint duty

assignment required before promotion to general or flag grade;

exceptions

-STATUTE-

(a) General Rule. - An officer on the active-duty list of the

Army, Navy, Air Force, or Marine Corps may not be appointed to the

grade of brigadier general or rear admiral (lower half) unless -

(1) the officer has completed a full tour of duty in a joint

duty assignment (as described in section 664(f) of this title);

and

(2) for appointments after September 30, 2007, the officer has

been selected for the joint specialty in accordance with section

661 of this title.

(b) Exceptions. - Subject to subsection (c), the Secretary of

Defense may waive paragraph (1) or paragraph (2) of subsection (a),

or both paragraphs (1) and (2) of subsection (a), in the following

circumstances:

(1) When necessary for the good of the service.

(2) In the case of an officer whose proposed selection for

promotion is based primarily upon scientific and technical

qualifications for which joint requirements do not exist.

(3) In the case of -

(A) a medical officer, dental officer, veterinary officer,

medical service officer, nurse, or biomedical science officer;

(B) a chaplain; or

(C) a judge advocate.

(4) In the case of an officer selected by a promotion board for

appointment to the grade of brigadier general or rear admiral

(lower half) while serving in a joint duty assignment if -

(A) at least 180 days of that joint duty assignment have been

completed on the date of the convening of that selection board;

and

(B) the officer's total consecutive service in joint duty

assignments within that immediate organization is not less than

two years.

(5) In the case of an officer who served in a joint duty

assignment that began before January 1, 1987, if the officer

served in that assignment for a period of sufficient duration

(which may not be less than 12 months) for the officer's service

to have been considered a full tour of duty under the policies

and regulations in effect on September 30, 1986.

(c) Waiver To Be Individual. - A waiver may be granted under

subsection (b) only on a case-by-case basis in the case of an

individual officer.

(d) Special Rule for Good-of-the-Service Waiver. - In the case of

a waiver under subsection (b)(1), the Secretary shall provide that

the first duty assignment as a general or flag officer of the

officer for whom the waiver is granted shall be in a joint duty

assignment.

(e) Limitation on Delegation of Waiver Authority. - The authority

of the Secretary of Defense to grant a waiver under subsection (b)

(other than under paragraph (1) of that subsection) may be

delegated only to the Deputy Secretary of Defense, an Under

Secretary of Defense, or an Assistant Secretary of Defense.

(f) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section. The regulations shall

specifically identify for purposes of subsection (b)(2) those

categories of officers for which selection for promotion to

brigadier general or, in the case of the Navy, rear admiral (lower

half) is based primarily upon scientific and technical

qualifications for which joint requirements do not exist.

(g) Limitation for General and Flag Officers Previously Receiving

Joint Duty Assignment Waiver. - A general officer or flag officer

who before January 1, 1999, received a waiver of subsection (a)

under the authority of this subsection (as in effect before that

date) may not be appointed to the grade of lieutenant general or

vice admiral until the officer completes a full tour of duty in a

joint duty assignment.

(h) Special Transition Rules for Nuclear Propulsion Officers. -

An officer of the Navy designated as a qualified nuclear propulsion

officer who before January 1, 1997, is appointed to the grade of

rear admiral (lower half) without regard to subsection (a) may not

be appointed to the grade of rear admiral until the officer

completes a full tour of duty in a joint duty assignment.

-SOURCE-

(Added Pub. L. 103-160, div. A, title IX, Sec. 931(a), Nov. 30,

1993, 107 Stat. 1732; amended Pub. L. 104-106, div. A, title XV,

Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65,

div. A, title V, Sec. 508, Oct. 5, 1999, 113 Stat. 591; Pub. L.

107-107, div. A, title V, Sec. 525(a), (b), Dec. 28, 2001, 115

Stat. 1099.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-107, Sec. 525(a), substituted

''unless - '' and pars. (1) and (2) for ''unless the officer has

completed a full tour of duty in a joint duty assignment (as

described in section 664(f) of this title).''

Subsec. (b). Pub. L. 107-107, Sec. 525(b), in introductory

provisions, substituted ''may waive paragraph (1) or paragraph (2)

of subsection (a), or both paragraphs (1) and (2) of subsection

(a), in the following circumstances:'' for ''may waive subsection

(a) in the following circumstances:''.

1999 - Subsec. (g). Pub. L. 106-65, Sec. 508(a), amended heading

and text of subsec. (g) generally. Prior to amendment, subsec. (g)

authorized the Secretary until Jan. 1, 1999, to waive subsecs. (a)

and (d) for certain officers and contained restrictions on

appointments of those officers.

Subsec. (h). Pub. L. 106-65, Sec. 508(b), substituted ''An

officer of the Navy'' for ''(1) Until January 1, 1997, an officer

of the Navy'' and ''who before January 1, 1997, is'' for ''may be''

and struck out ''. An officer so appointed'' before ''may not be

appointed'' and par. (2) which read as follows: ''Not later than

March 1 of each year from 1994 through 1997, the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on National Security of the House of

Representatives a report on the implementation during the preceding

calendar year of the transition plan developed by the Secretary

pursuant to section 1305(b) of Public Law 100-180 (10 U.S.C. 619a

note) with respect to service by qualified nuclear propulsion

officers in joint duty assignments.''

1996 - Subsec. (h)(2). Pub. L. 104-106 substituted ''Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives'' for ''Committees on Armed

Services of the Senate and House of Representatives''.

PROPOSED LEGISLATIVE CHANGES

Pub. L. 107-107, div. A, title V, Sec. 525(c), Dec. 28, 2001,

115 Stat. 1099, provided that: ''Not later than December 1, 2002,

the Secretary of Defense shall submit to Congress a draft proposal

for such legislative changes as the Secretary considers needed to

implement the amendment made by subsections (a) and (b) (amending

this section).''

REPORT ON PLANS FOR COMPLIANCE

Section 931(d) of Pub. L. 103-160 provided that: ''Not later than

February 1, 1994, the Secretary of Defense shall certify to

Congress that the Army, Navy, Air Force, and Marine Corps have each

developed and implemented a plan for their officer personnel

assignment and promotion policies so as to ensure compliance with

the requirements of section 619a of title 10, United States Code,

as added by subsection (a). Each such plan should particularly

ensure that by January 1, 1999, the service covered by the plan

shall have enough officers who have completed a full tour of duty

in a joint duty assignment so as to permit the orderly promotion of

officers to brigadier general or, in the case of the Navy, rear

admiral (lower half) pursuant to the requirements of chapter 38 of

title 10, United States Code.''

REVISION OF TRANSITION PLAN

Section 931(f)(2) of Pub. L. 103-160, as amended by Pub. L.

103-337, div. A, title X, Sec. 1070(b)(8)(A), Oct. 5, 1994, 108

Stat. 2857, provided that: ''The Secretary of Defense, after

consultation with the Chairman of the Joint Chiefs of Staff, shall

revise the transition plan developed pursuant to section 1305(b) of

Public Law 100-180 (set out below) to take account of the

amendments made by subsection (a) and by paragraph (1) of this

subsection (enacting this section and amending provisions set out

below). The Secretary shall include with the next report of the

Secretary after the date of the enactment of this Act (Nov. 30,

1993) under section 619a(h)(2) of title 10, United States Code, as

added by subsection (a), a report on the actions of the Secretary

in revising such transition plan.''

Section 515(a)(3) of Pub. L. 100-456 provided that: ''The

Secretary of Defense, after consultation with the Chairman of the

Joint Chiefs of Staff, shall revise the transition plan developed

pursuant to section 1305(b) of Public Law 100-180 (set out below)

to take account of the amendments made by paragraphs (1) and (2)

(amending section 619 of this title and provisions set out below).

The Secretary shall include with the first report of the Secretary

under section 619(e)(5) of title 10, United States Code, as added

by paragraph (1)(B), a report on the actions of the Secretary in

revising such transition plan.''

PLAN FOR SERVICE BY QUALIFIED NUCLEAR PROPULSION OFFICERS IN JOINT

DUTY ASSIGNMENTS BY JANUARY 1, 1997; IMPLEMENTATION; REPORT

Section 1305(b)-(d) of Pub. L. 100-180, as amended by Pub. L.

100-456, div. A, title V, Sec. 515(a)(2), Sept. 29, 1988, 102

Stat. 1970; Pub. L. 103-160, div. A, title IX, Sec. 931(f)(1),

(3), Nov. 30, 1993, 107 Stat. 1734; Pub. L. 103-337, div. A, title

X, Sec. 1070(b)(8), Oct. 5, 1994, 108 Stat. 2857, provided that:

''(b) Transition Plan. - (1) The Secretary of Defense, after

consultation with the Chairman of the Joint Chiefs of Staff, shall

develop and carry out a plan for ensuring that -

''(A) during the period before January 1, 1997, the maximum

practicable number of officers of the Navy who are qualified

nuclear propulsion officers serve in joint duty assignments and

otherwise fulfill the provisions of chapter 38 of title 10,

United States Code; and

''(B) by January 1, 1997, the maximum practicable number of

qualified nuclear propulsion officers in the grade of captain

have qualified for appointment to the grade of rear admiral

(lower half) by completing a full tour of duty in a joint duty

assignment.

''(2) The plan shall include milestones for each calendar year

beginning with 1989 requiring that a progressively greater

proportion of qualified nuclear propulsion officers fulfill the

various requirements of chapter 38 of title 10, United States Code,

and other provisions of law enacted by title IV of the

Goldwater-Nichols Department of Defense Reorganization Act of 1986

(Public Law 99-433) (sections 401-406 of Pub. L. 99-433, see Tables

for classification) so that after January 1, 1997, the nuclear

propulsion community will be capable of complying with the

requirements of that chapter without undue reliance on waivers

granted by the Secretary of Defense.

''(c) Implementation. - The plan required to be developed under

subsection (b) shall be implemented at the earliest practicable

date, but in no event later than six months after the date of

enactment of this Act (Dec. 4, 1987). The Chairman of the Joint

Chiefs of Staff shall monitor the implementation of such plan.

''(d) Report. - On the date on which the plan required to be

developed under subsection (b) is implemented, the Secretary of

Defense shall submit to the Committees on Armed Services of the

Senate and House of Representatives -

''(1) a copy of the plan; and

''(2) a report explaining how the plan fulfills the objectives

prescribed in subsection (b).''

-CITE-

10 USC Sec. 620 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 620. Active-duty lists

-STATUTE-

(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 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.

(d) Under regulations prescribed by the Secretary of the military

department concerned, a reserve officer who is ordered to active

duty (whether voluntarily or involuntarily) during a war or

national emergency and who would otherwise be placed on the

active-duty list may be excluded from that list as determined by

the Secretary concerned. Exclusion of an officer from the

active-duty list as the result of action by the Secretary concerned

under the preceding sentence shall expire not later than 24 months

after the date on which the officer enters active duty under an

order to active duty covered by that sentence.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2855; amended Pub. L. 103-337, div. A, title XVI, Sec. 1624, Oct.

5, 1994, 108 Stat. 2961; Pub. L. 104-106, div. A, title XV, Sec.

1501(a)(1), Feb. 10, 1996, 110 Stat. 495.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-106 made technical amendment to

Pub. L. 103-337, Sec. 1624. See 1994 Amendment note below.

1994 - Subsec. (d). Pub. L. 103-337, Sec. 1624, as amended by

Pub. L. 104-106, added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section

1691(b)(1) of Pub. L. 103-337, set out as a note under section

10001 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

Regulations prescribed under this section applicable to

establishment of initial active-duty lists, see section 621(a) of

Pub. L. 96-513, set out as a note under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 14002 of this title.

-CITE-

10 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 621. Competitive categories for promotion

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2856.)

-CITE-

10 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 622. Numbers to be recommended for promotion

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2856.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 615 of this title.

-CITE-

10 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 623. Establishment of promotion zones

-STATUTE-

(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

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2856.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 627 of this title.

-CITE-

10 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 624. Promotions: how made

-STATUTE-

(a)(1) When the report of a selection board convened under

section 611(a) of this title 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. Officers to be promoted to the grade

of first lieutenant or lieutenant (junior grade) shall be promoted

in accordance with regulations prescribed by the Secretary

concerned.

(3)(A) Except as provided in subsection (d), officers on the

active-duty list in the grade of first lieutenant or, in the case

of the Navy, lieutenant (junior grade) who are on an approved

all-fully-qualified-officers list shall be promoted to the next

higher grade in accordance with regulations prescribed by the

Secretary concerned.

(B) An all-fully-qualified-officers list shall be considered to

be approved for purposes of subparagraph (A) when the list is

approved by the President. When so approved, such a list shall be

treated in the same manner as a promotion list under this chapter.

(C) The Secretary of a military department may make a

recommendation to the President for approval of an

all-fully-qualified-officers list only when the Secretary

determines that all officers on the list are needed in the next

higher grade to accomplish mission objectives.

(D) For purposes of this paragraph, an

all-fully-qualified-officers list is a list of all officers on the

active-duty list in a grade who the Secretary of the military

department concerned determines -

(i) are fully qualified for promotion to the next higher grade;

and

(ii) would be eligible for consideration for promotion to the

next higher grade by a selection board convened under section

611(a) of this title upon the convening of such a board.

(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.

(c) Appointments under this section shall be made by the

President, by and with the advice and consent of the Senate, except

that appointments under this section in the grade of first

lieutenant or captain, in the case of officers of the Army, Air

Force, or Marine Corps, or lieutenant (junior grade) or lieutenant,

in the case of officers of the Navy, shall be made by the President

alone.

(d)(1) Under regulations prescribed by the Secretary concerned,

the appointment of an officer under this section may be delayed 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 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 brought against him, as the case may be,

then unless action to delay an appointment has also been taken

under paragraph (2) the officer shall be retained on the promotion

list (including an approved all-fully-qualified-officers list, if

applicable) 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, unless the Secretary concerned determines that the

officer was unqualified for promotion for any part of the delay.

If the Secretary makes such a determination, the Secretary may

adjust such date of rank, effective date of pay and allowances, and

position on the active-duty list as the Secretary considers

appropriate under the circumstances.

(2) Under regulations prescribed by the Secretary concerned, the

appointment of an officer under this section may also be delayed in

any case in which 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

be retained on the promotion list (including an approved

all-fully-qualified-officers list, if applicable) and 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, unless the Secretary concerned determines

that the officer was unqualified for promotion for any part of the

delay. If the Secretary makes such a determination, the Secretary

may adjust such date of rank, effective date of pay and allowances,

and position on the active-duty list as the Secretary considers

appropriate under the circumstances.

(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, unless it is impracticable to give such

written notice before the effective date of the appointment, in

which case such written notice shall be given as soon as

practicable. 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. Any such statement shall be given careful consideration by

the Secretary.

(4) An appointment of an officer may not be delayed under this

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2857; amended Pub. L. 97-22, Sec. 4(d), July 10, 1981, 95 Stat.

126; Pub. L. 97-295, Sec. 1(8), Oct. 12, 1982, 96 Stat. 1289; Pub.

L. 98-525, title V, Sec. 526, Oct. 19, 1984, 98 Stat. 2525; Pub. L.

107-107, div. A, title V, Sec. 505(a)(1), (c)(2)(A), (d)(1), Dec.

28, 2001, 115 Stat. 1085, 1087, 1088; Pub. L. 107-314, div. A,

title X, Sec. 1062(a)(2), Dec. 2, 2002, 116 Stat. 2649.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-314 substituted ''paragraph

(2)'' for ''subsection (d)(2)'' in concluding provisions.

2001 - Subsec. (a)(3). Pub. L. 107-107, Sec. 505(a)(1), added

par. (3).

Subsec. (c). Pub. L. 107-107, Sec. 505(d)(1), inserted '', in the

case of officers of the Army, Air Force, or Marine Corps,'' after

''captain'' and '', in the case of officers of the Navy,'' after

''(junior grade) or lieutenant''.

Subsec. (d)(1). Pub. L. 107-107, Sec. 505(c)(2)(A)(i), inserted

''(including an approved all-fully-qualified-officers list, if

applicable)'' after ''retained on the promotion list'' in

concluding provisions.

Subsec. (d)(2). Pub. L. 107-107, Sec. 505(c)(2)(A)(ii), inserted

''shall be retained on the promotion list (including an approved

all-fully-qualified-officers list, if applicable) and'' after ''to

such grade, the officer'' in second sentence.

1984 - Subsec. (d)(1), (2). Pub. L. 98-525 inserted provision for

a determination by the Secretary concerned that the officer was

unqualified for promotion for any part of the delay in the

officer's promotion, with the inserted provision that if the

Secretary made such a determination, the Secretary could adjust

such date of rank, effective date of pay and allowances, and

position on the active-duty list as the Secretary considered

appropriate under the circumstances.

1982 - Subsec. (d)(4). Pub. L. 97-295 substituted ''this

subsection'' for ''the subsection''.

1981 - Subsec. (a)(1). Pub. L. 97-22, Sec. 4(d)(1)(A), struck out

''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,''

after ''by the President,''.

Subsec. (a)(2). Pub. L. 97-22, Sec. 4(d)(1)(B), inserted

provision that officers to be promoted to grade of first lieutenant

or lieutenant (junior grade) shall be promoted in accordance with

regulations prescribed by the Secretary concerned.

Subsec. (c). Pub. L. 97-22, Sec. 4(d)(2), substituted ''under

this section in the grade of first lieutenant or captain or

lieutenant (junior grade) or lieutenant'' for ''in the grade of

first lieutenant or lieutenant (junior grade) under this section''.

Subsec. (d)(1). Pub. L. 97-22, Sec. 4(d)(3)(A), (B), substituted

''Under regulations prescribed by the Secretary concerned, the

appointment of an officer under this section may be delayed'' for

''The Secretary concerned may delay the appointment of an officer

under this section'' in provisions preceding subpar. (A) and, in

provisions following subpar. (D), inserted ''then unless action to

delay an appointment has also been taken under subsection (d)(2)''

after ''as the case may be,''.

Subsec. (d)(2). Pub. L. 97-22, Sec. 4(d)(3)(C), substituted

''Under regulations prescribed by the Secretary concerned, the

appointment of an officer under this section may also be delayed in

any case in which'' for ''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''.

Subsec. (d)(3). Pub. L. 97-22, Sec. 4(d)(3)(D), (E), inserted '',

unless it is impracticable to give such written notice before the

effective date of the appointment, in which case such written

notice shall be given as soon as practicable'' after ''grounds for

the delay'' and struck out ''by the Secretary'' after ''the action

taken''.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (c) to appoint officers in

grades of first lieutenant and captain in Army, Air Force, and

Marine Corps or in grades of lieutenant (junior grade) and

lieutenant in Navy delegated to Secretary of Defense to perform,

without approval, ratification, or other action by President, and

with authority for Secretary to redelegate, see Ex. Ord. No. 12396,

Sec. 1(c), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note

under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 619, 626, 628, 631,

741, 12203, 14308 of this title.

-CITE-

10 USC Sec. 625 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 625. Authority to vacate promotions to grades of brigadier

general and rear admiral (lower half)

-STATUTE-

(a) The President may vacate the promotion to the grade of

brigadier general or rear admiral (lower half) 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 rear admiral (lower half).

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2858; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), (4)(A), Dec.

1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1),

(4)(A), Nov. 8, 1985, 99 Stat. 628.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-145 substituted ''rear admiral (lower half)''

for ''commodore'' in section catchline and subsecs. (a) and (c).

1981 - Pub. L. 97-86 substituted ''commodore'' for ''commodore

admiral'' in section catchline and subsecs. (a) and (c).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 626 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER II - PROMOTIONS

-HEAD-

Sec. 626. Acceptance of promotions; oath of office

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2858.)

-CITE-

10 USC SUBCHAPTER III - FAILURE OF SELECTION FOR

PROMOTION AND RETIREMENT FOR YEARS OF

SERVICE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

.

-HEAD-

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-MISC1-

Sec.

627. Failure of selection for promotion.

628. Special selection boards.

629. Removal from a list of officers recommended for promotion.

630. Discharge of 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: first

lieutenants and lieutenants (junior grade).

632. Effect of failure of selection for promotion: captains and

majors of the Army, Air Force, and Marine Corps and 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 rear admirals (lower half).

636. Retirement for years of service: regular officers in grades

above brigadier general and rear admiral (lower half).

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 505(d)(4), Dec.

28, 2001, 115 Stat. 1088, struck out ''regular'' before

''commissioned officers'' in item 630, struck out ''regular''

before ''first lieutenants'' in item 631, and struck out

''regular'' before ''captains and majors'' and before ''lieutenants

and lieutenant commanders'' in item 632.

1997 - Pub. L. 105-85, div. A, title V, Sec. 506(c), Nov. 18,

1997, 111 Stat. 1726, substituted ''regular officers in grades

above brigadier general and rear admiral (lower half)'' for

''regular major generals and rear admirals'' in item 636.

1985 - Pub. L. 99-145, title V, Sec. 514(b)(5)(B), Nov. 8, 1985,

99 Stat. 628, substituted ''rear admirals (lower half)'' for

''commodores'' in item 635.

1981 - Pub. L. 97-86, title IV, Sec. 405(b)(5)(B), Dec. 1, 1981,

95 Stat. 1106, substituted ''commodores'' for ''commodore

admirals'' in item 635.

-CITE-

10 USC Sec. 627 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 627. Failure of selection for promotion

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2859.)

-MISC1-

EFFECTIVE DATE

Subchapter effective Sept. 15, 1981, but the authority to

prescribe regulations under this subchapter effective on Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as an Effective

Date of 1980 Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-CITE-

10 USC Sec. 628 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 628. Special selection boards

-STATUTE-

(a) Persons Not Considered by Promotion Boards Due to

Administrative Error. - (1) If the Secretary of the military

department concerned determines that because of administrative

error a person who should have been considered for selection for

promotion by a promotion board was not so considered, or the name

of a person that should have been placed on an

all-fully-qualified-officers list under section 624(a)(3) of this

title was not so placed, the Secretary shall convene a special

selection board under this subsection to determine whether that

person (whether or not then on active duty) should be recommended

for promotion.

(2) A special selection board convened under paragraph (1) shall

consider the record of the person whose name was referred to it for

consideration as that 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 a person whose name was referred

to it for consideration for selection for appointment to a grade

other than a general officer or flag officer grade, the person

shall be considered to have failed of selection for promotion.

(b) Persons Considered by Promotion Boards in Unfair Manner. -

(1) If the Secretary of the military department concerned

determines, in the case of a person who was considered for

selection for promotion by a promotion board but was not selected,

that there was material unfairness with respect to that person, the

Secretary may convene a special selection board under this

subsection to determine whether that person (whether or not then on

active duty) should be recommended for promotion. In order to

determine that there was material unfairness, the Secretary must

determine that -

(A) the action of the promotion board that considered the

person 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

consider the record of the person whose name was referred to it for

consideration as that 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 a person whose name was referred

to it for consideration, the person incurs no additional failure of

selection for promotion.

(c) Reports of Boards. - (1) Each special selection board

convened under this section 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 person it

recommends for promotion and certifying that the board has

carefully considered the record of each person 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. However, in the case of a board convened under this

section to consider a warrant officer or former warrant officer,

the provisions of sections 576(d) and 576(f) of this title (rather

than the provisions of sections 617(b) and 618 of this title) apply

to the report and proceedings of the board in the same manner as

they apply to the report and proceedings of a selection board

convened under section 573 of this title.

(d) Appointment of Persons Selected by Boards. - (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 a person whose name was referred to it for

consideration, that person shall, as soon as practicable, be

appointed to that grade in accordance with subsections (b), (c),

and (d) of section 624 of this title. However, in the case of a

board convened under this section to consider a warrant officer or

former warrant officer, if the report of that board, as approved by

the Secretary concerned, recommends that warrant officer or former

warrant officer for promotion to the next higher grade, that person

shall, as soon as practicable, be appointed to the next higher

grade in accordance with provisions of section 578(c) of this title

(rather than subsections (b), (c), and (d) of section 624 of this

title).

(2) A person who is appointed to the next higher grade as the

result of the recommendation of a special selection board convened

under this section shall, upon that appointment, 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. In the case of a person who is not on the active-duty list

when appointed to the next higher grade, placement of that person

on the active-duty list pursuant to the preceding sentence shall be

only for purposes of determination of eligibility of that person

for consideration for promotion by any subsequent special selection

board under this section.

(e) Deceased Persons. - If a person whose name is being

considered for referral to a special selection board under this

section dies before the completion of proceedings under this

section with respect to that person, this section shall be applied

to that person posthumously.

(f) Convening of Boards. - A board convened under this section -

(1) shall be convened under regulations prescribed by the

Secretary of Defense;

(2) shall be composed in accordance with section 612 of this

title or, in the case of board to consider a warrant officer or

former warrant officer, in accordance with section 573 of this

title and regulations prescribed by the Secretary of the military

department concerned; and

(3) shall be subject to the provisions of section 613 of this

title.

(g) Judicial Review. - (1)(A) A court of the United States may

review a determination by the Secretary of a military department

under subsection (a)(1) or (b)(1) not to convene a special

selection board in the case of any person. In any such case, the

court may set aside the Secretary's determination only if the court

finds the determination to be -

(i) arbitrary or capricious;

(ii) not based on substantial evidence;

(iii) a result of material error of fact or material

administrative error; or

(iv) otherwise contrary to law.

(B) If a court sets aside a determination by the Secretary of a

military department not to convene a special selection board under

this section, it shall remand the case to the Secretary concerned,

who shall provide for consideration by such a board.

(2) A court of the United States may review the action of a

special selection board convened under this section or an action of

the Secretary of the military department concerned on the report of

such a board. In any such case, a court may set aside the action

only if the court finds that the action was -

(A) arbitrary or capricious;

(B) not based on substantial evidence;

(C) a result of material error of fact or material

administrative error; or

(D) otherwise contrary to law.

(3)(A) If, six months after receiving a complete application for

consideration by a special selection board under this section in

any case, the Secretary concerned has not convened such a board and

has not denied consideration by such a board in that case, the

Secretary shall be deemed for the purposes of this subsection to

have denied the consideration of the case by such a board.

(B) If, six months after the convening of a special selection

board under this section in any case, the Secretary concerned has

not taken final action on the report of the board, the Secretary

shall be deemed for the purposes of this subsection to have denied

relief in such case.

(C) Under regulations prescribed under subsection (j), the

Secretary of a military department may waive the applicability of

subparagraph (A) or (B) in a case if the Secretary determines that

a longer period for consideration of the case is warranted. Such a

waiver may be for an additional period of not more than six

months. The Secretary concerned may not delegate authority to make

a determination under this subparagraph.

(h) Limitations of Other Jurisdiction. - No official or court of

the United States may, with respect to a claim based to any extent

on the failure of a person to be selected for promotion by a

promotion board -

(1) consider the claim unless the person has first been

referred by the Secretary concerned to a special selection board

convened under this section and acted upon by that board and the

report of the board has been approved by the President; or

(2) except as provided in subsection (g), grant any relief on

the claim unless the person has been selected for promotion by a

special selection board convened under this section to consider

the person for recommendation for promotion and the report of the

board has been approved by the President.

(i) Existing Jurisdiction. - Nothing in this section limits -

(1) the jurisdiction of any court of the United States under

any provision of law to determine the validity of any law,

regulation, or policy relating to selection boards; or

(2) the authority of the Secretary of a military department to

correct a military record under section 1552 of this title.

(j) Regulations. - (1) The Secretary of each military department

shall prescribe regulations to carry out this section. Regulations

under this subsection may not apply to subsection (g), other than

to paragraph (3)(C) of that subsection.

(2) The Secretary may prescribe in the regulations under

paragraph (1) the circumstances under which consideration by a

special selection board may be provided for under this section,

including the following:

(A) The circumstances under which consideration of a person's

case by a special selection board is contingent upon application

by or for that person.

(B) Any time limits applicable to the filing of an application

for such consideration.

(3) Regulations prescribed by the Secretary of a military

department under this subsection may not take effect until approved

by the Secretary of Defense.

(k) Promotion Board Defined. - In this section, the term

''promotion board'' means a selection board convened by the

Secretary of a military department under section 573(a) or 611(a)

of this title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2859; amended Pub. L. 98-525, title V, Sec. 527(a), Oct. 19, 1984,

98 Stat. 2525; Pub. L. 102-190, div. A, title XI, Sec. 1131(4),

Dec. 5, 1991, 105 Stat. 1506; Pub. L. 102-484, div. A, title X,

Sec. 1052(10), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 105-261,

div. A, title V, Sec. 501(a)-(e), Oct. 17, 1998, 112 Stat.

2000-2002; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-290; Pub. L.

107-107, div. A, title V, Sec. 503(b), 505(c)(3)(A), Dec. 28,

2001, 115 Stat. 1083, 1088.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(1). Pub. L. 107-107, Sec. 505(c)(3)(A),

inserted ''or the name of a person that should have been placed on

an all-fully-qualified-officers list under section 624(a)(3) of

this title was not so placed,'' after ''not so considered,''.

Subsecs. (g) to (k). Pub. L. 107-107, Sec. 503(b), added subsecs.

(g) to (j) and redesignated former subsec. (g) as (k).

2000 - Subsec. (c)(2). Pub. L. 106-398 substituted ''sections''

for ''section'' after ''rather than the provisions of''.

1998 - Subsec. (a). Pub. L. 105-261, Sec. 501(a)(1), inserted

subsec. heading, added par. (1), and struck out former par. (1)

which read as follows: ''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

or, in the case of a warrant officer, composed in accordance with

section 573 of this title and regulations prescribed by the

Secretary of the military department concerned) to determine

whether such officer should be recommended for promotion.''

Subsec. (a)(2). Pub. L. 105-261, Sec. 501(a)(2), substituted

''the person whose name was referred to it for consideration as

that record'' for ''the officer as his record''.

Subsec. (a)(3). Pub. L. 105-261, Sec. 501(a)(3), substituted ''a

person whose name was referred to it for consideration for

selection for appointment to a grade other than a general officer

or flag officer grade, the person'' for ''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''.

Subsec. (b). Pub. L. 105-261, Sec. 501(b)(1), inserted subsec.

heading, added par. (1), and struck out former par. (1) which read

as follows: ''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

or, in the case of a warrant officer, composed in accordance with

section 573 of this title and regulations prescribed by the

Secretary of the military department concerned) 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.''

Subsec. (b)(2). Pub. L. 105-261, Sec. 501(b)(2), substituted

''the person whose name was referred to it for consideration as

that record'' for ''the officer as his record''.

Subsec. (b)(3). Pub. L. 105-261, Sec. 501(b)(3)(A), substituted

''a person'' for ''an officer'' and ''the person'' for ''the

officer''.

Subsec. (c). Pub. L. 105-261, Sec. 501(c)(1)(A), inserted

heading.

Subsec. (c)(1). Pub. L. 105-261, Sec. 501(c)(1)(B), substituted

''person'' for ''officer'' in two places.

Subsec. (c)(2). Pub. L. 105-261, Sec. 501(c)(1)(C), inserted at

end ''However, in the case of a board convened under this section

to consider a warrant officer or former warrant officer, the

provisions of sections 576(d) and 576(f) of this title (rather than

the provisions of section 617(b) and 618 of this title) apply to

the report and proceedings of the board in the same manner as they

apply to the report and proceedings of a selection board convened

under section 573 of this title.''

Subsec. (d). Pub. L. 105-261, Sec. 501(c)(2)(A), inserted

heading.

Subsec. (d)(1). Pub. L. 105-261, Sec. 501(c)(2)(B)-(E),

substituted ''a person'' for ''an officer'', ''that person'' for

''such officer'', and ''that grade in'' for ''the next higher grade

in'' and inserted at end ''However, in the case of a board convened

under this section to consider a warrant officer or former warrant

officer, if the report of that board, as approved by the Secretary

concerned, recommends that warrant officer or former warrant

officer for promotion to the next higher grade, that person shall,

as soon as practicable, be appointed to the next higher grade in

accordance with provisions of section 578(c) of this title (rather

than subsections (b), (c), and (d) of section 624 of this title).''

Subsec. (d)(2). Pub. L. 105-261, Sec. 501(c)(3), substituted ''A

person who is appointed'' for ''An officer who is promoted'' and

''that appointment'' for ''such promotion'' and inserted at end

''In the case of a person who is not on the active-duty list when

appointed to the next higher grade, placement of that person on the

active-duty list pursuant to the preceding sentence shall be only

for purposes of determination of eligibility of that person for

consideration for promotion by any subsequent special selection

board under this section.''

Subsec. (e). Pub. L. 105-261, Sec. 501(d), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''The

provisions of section 613 of this title apply to members of special

selection boards convened under this section.''

Subsecs. (f), (g). Pub. L. 105-261, Sec. 501(e), added subsecs.

(f) and (g).

1992 - Subsec. (b)(1). Pub. L. 102-484 substituted ''section

573'' for ''section 558''.

1991 - Subsec. (a)(1). Pub. L. 102-190 substituted ''section

573'' for ''section 558''.

1984 - Subsecs. (a)(1), (b)(1). Pub. L. 98-525 substituted

''(composed in accordance with section 612 of this title or, in the

case of a warrant officer, composed in accordance with section 558

of this title and regulations prescribed by the Secretary of the

military department concerned)'' for ''(composed in accordance with

section 612 of this title)''.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 503(c), Dec. 28, 2001,

115 Stat. 1084, provided that:

''(1) Except as provided in paragraph (2), the amendments made by

this section (enacting section 1558 of this title and amending this

section) shall apply with respect to any proceeding pending on or

after the date of the enactment of this Act (Dec. 28, 2001) without

regard to whether a challenge to an action of a selection board of

any of the Armed Forces being considered in the proceeding was

initiated before, on, or after that date.

''(2) The amendments made by this section shall not apply with

respect to any action commenced in a court of the United States

before the date of the enactment of this Act.''

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section

1132 of Pub. L. 102-190, set out as a note under section 521 of

this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (d)(1) to approve, modify,

or disapprove report of a selection board delegated to Secretary of

Defense to perform, without approval, ratification, or other action

by President, and with authority for Secretary to redelegate, see

Ex. Ord. No. 12396, Sec. 1(a), 3, Dec. 9, 1982, 47 F.R. 55897,

55898, set out as a note under section 301 of Title 3, The

President.

-MISC5-

RATIFICATION OF CODIFIED PRACTICE

Pub. L. 105-261, div. A, title V, Sec. 501(f), Oct. 17, 1998,

112 Stat. 2002, provided that: ''The consideration by a special

selection board convened under section 628 of title 10, United

States Code, before the date of the enactment of this Act (Oct. 17,

1998) of a person who, at the time of consideration, was a retired

officer or former officer of the Armed Forces (including a deceased

retired or former officer) is hereby ratified.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618, 641, 1558 of this

title.

-CITE-

10 USC Sec. 629 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 629. Removal from a list of officers recommended for promotion

-STATUTE-

(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, of 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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2860.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) to remove name of any

officer from a promotion list to any grade below commodore or

brigadier general delegated to Secretary of Defense to perform,

without approval, ratification, or other action by President, and

with authority for Secretary to redelegate, see Ex. Ord. No. 12396,

Sec. 1(b), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note

under section 301 of Title 3, The President.

-CITE-

10 USC Sec. 630 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 630. Discharge of commissioned officers with less then five

years of active commissioned service or found not qualified for

promotion for first lieutenant or lieutenant (junior grade)

-STATUTE-

The Secretary of the military department concerned, under

regulations prescribed by the Secretary of Defense -

(1) may discharge any 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 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 18-month

period beginning on the date on which the officer is first found

not qualified for promotion.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2861; amended Pub. L. 98-525, title XIV, Sec. 1405(11), Oct. 19,

1984, 98 Stat. 2622; Pub. L. 107-107, div. A, title V, Sec.

505(d)(2), (4)(A), Dec. 28, 2001, 115 Stat. 1088.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107, Sec. 505(d)(4)(A), struck out ''regular''

before ''commissioned officers'' in section catchline.

Par. (1). Pub. L. 107-107, Sec. 505(d)(2), struck out ''regular''

before ''officer'' in introductory provisions and before ''grade of

first lieutenant'' in subpar. (B).

1984 - Par. (2). Pub. L. 98-525 substituted ''18-month'' for

''eighteen-month''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1174 of this title.

-CITE-

10 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 631. Effect of failure of selection for promotion: first

lieutenants and lieutenants (junior grade)

-STATUTE-

(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 title applies), each officer of the Army, Air Force,

or Marine Corps on the active-duty list who holds the grade of

first lieutenant and has failed of selection for promotion to the

grade of captain for the second time, and each officer of the Navy

on the active-duty list who holds the grade of lieutenant (junior

grade) and has failed of selection for promotion to the grade of

lieutenant for the second time, whose name is not on a list of

officers recommended for promotion to the next higher grade shall -

(1) be discharged on the date requested by him and approved 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, 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 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

section shall be considered to be an involuntary retirement or

discharge for purposes of any other provision of law.

(c) An officer who is subject to discharge under subsection

(a)(1) is not eligible for further consideration for promotion.

(d) For the purposes of this chapter, an officer of the Army, Air

Force, or Marine Corps who holds the grade of first lieutenant, and

an officer of the Navy who holds the grade of lieutenant (junior

grade), shall be treated as having failed of selection for

promotion if the Secretary of the military department concerned

determines that the officer would be eligible for consideration for

promotion to the next higher grade by a selection board convened

under section 611(a) of this title if such a board were convened

but is not fully qualified for promotion when recommending for

promotion under section 624(a)(3) of this title all fully qualified

officers of the officer's armed force in such grade who would be

eligible for such consideration.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2861; amended Pub. L. 98-525, title V, Sec. 525(c), Oct. 19, 1984,

98 Stat. 2525; Pub. L. 107-107, div. A, title V, Sec. 505(a)(2),

(d)(3), (4)(B), Dec. 28, 2001, 115 Stat. 1086, 1088.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107, Sec. 505(d)(4)(B), struck out ''regular''

before ''first lieutenants'' in section catchline.

Subsec. (a). Pub. L. 107-107, Sec. 505(d)(3), in introductory

provisions, substituted ''Army, Air Force, or Marine Corps on the

active-duty list'' for ''Regular Army, Regular Air Force, or

Regular Marine Corps'' and ''Navy on the active-duty list'' for

''Regular Navy'' and struck out ''regular'' before ''grade''

wherever appearing.

Subsec. (d). Pub. L. 107-107, Sec. 505(a)(2), added subsec. (d).

1984 - Subsec. (c). Pub. L. 98-525 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 619 of this title.

-CITE-

10 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 632. Effect of failure of selection for promotion: captains

and majors of the Army, Air Force, and Marine Corps and

lieutenants and lieutenant commanders of the Navy

-STATUTE-

(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 title applies) and except as provided under section

637(a) of this title, each officer of the Army, Air Force, or

Marine Corps on the active-duty list who holds the grade of captain

or major, and each officer of the Navy on the active-duty list who

holds the grade of lieutenant or lieutenant commander, who has

failed of selection for promotion to the next higher grade for the

second time and whose name is not on a list of officers recommended

for promotion to the next higher 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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2862; amended Pub. L. 107-107, div. A, title V, Sec. 505(d)(3),

(4)(C), Dec. 28, 2001, 115 Stat. 1088.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107, Sec. 505(d)(4)(C), struck out ''regular''

before ''captains and majors'' and before ''lieutenants and

lieutenant commanders'' in section catchline.

Subsec. (a). Pub. L. 107-107, Sec. 505(d)(3), in introductory

provisions, substituted ''Army, Air Force, or Marine Corps on the

active-duty list'' for ''Regular Army, Regular Air Force, or

Regular Marine Corps'' and ''Navy on the active-duty list'' for

''Regular Navy'' and struck out ''regular'' before ''grade''

wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 637 of this title.

-CITE-

10 USC Sec. 633 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 633. Retirement for years of service: regular lieutenant

colonels and commanders

-STATUTE-

Except an officer of the Navy or Marine Corps who is an officer

designated for limited duty to whom section 5596(e) or 6383 of this

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 28

years of active commissioned service.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2862; amended Pub. L. 98-525, title V, Sec. 529(b), title XIV, Sec.

1405(12), Oct. 19, 1984, 98 Stat. 2526, 2622; Pub. L. 102-484,

div. A, title V, Sec. 504(a), Oct. 23, 1992, 106 Stat. 2403; Pub.

L. 103-160, div. A, title V, Sec. 561(e), Nov. 30, 1993, 107 Stat.

1667; Pub. L. 105-261, div. A, title V, Sec. 504(a), Oct. 17,

1998, 112 Stat. 2004.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-261 substituted ''Except an officer of the

Navy or Marine Corps who is an officer designated for limited duty

to whom section 5596(e) or 6383 of this title applies'' for

''Except an officer of the Navy designated for limited duty to whom

section 5596(e) of this title applies and an officer of the Marine

Corps designated for limited duty to whom section 5596(e) or

section 6383 of this title applies'' and struck out at end ''During

the period beginning on July 1, 1993, and ending on October 1,

1999, the preceding sentence shall not apply to an officer of the

Navy designated for limited duty to whom section 6383 of this title

applies.''

1993 - Pub. L. 103-160 substituted ''October 1, 1999'' for

''October 1, 1995''.

1992 - Pub. L. 102-484 inserted at end ''During the period

beginning on July 1, 1993, and ending on October 1, 1995, the

preceding sentence shall not apply to an officer of the Navy

designated for limited duty to whom section 6383 of this title

applies.''

1984 - Pub. L. 98-525, Sec. 1405(12), substituted ''28'' for

''twenty-eight''.

Pub. L. 98-525, Sec. 529(b), substituted ''Except an officer of

the Navy designated for limited duty to whom section 5596(e) of

this title applies and an officer of the Marine Corps designated

for limited duty to whom section 5596(e) or section 6383 of this

title applies'' for ''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 title applies)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 637, 1401, 1406 of this

title.

-CITE-

10 USC Sec. 634 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 634. Retirement for years of service: regular colonels and

Navy captains

-STATUTE-

Except an officer of the Navy who is designated for limited duty

to whom section 6383(a)(4) of this 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 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 rear admiral (lower half), respectively,

shall, if not earlier retired, be retired on the first day of the

month after the month in which he completes 30 years of active

commissioned service.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2862; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,

1981, 95 Stat. 1105; Pub. L. 98-525, title XIV, Sec. 1405(13), Oct.

19, 1984, 98 Stat. 2622; Pub. L. 99-145, title V, Sec. 514(b)(1),

Nov. 8, 1985, 99 Stat. 628; Pub. L. 102-484, div. A, title V, Sec.

504(b), Oct. 23, 1992, 106 Stat. 2403; Pub. L. 103-160, div. A,

title V, Sec. 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L.

105-261, div. A, title V, Sec. 504(b), Oct. 17, 1998, 112 Stat.

2004.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-261 inserted ''an officer of the Navy who is

designated for limited duty to whom section 6383(a)(4) of this

title applies and except'' after ''Except'' and struck out at end

''During the period beginning on July 1, 1993, and ending on

October 1, 1999, the preceding sentence shall not apply to an

officer of the Regular Navy designated for limited duty to whom

section 6383(a)(4) of this title applies.''

1993 - Pub. L. 103-160 substituted ''October 1, 1999'' for

''October 1, 1995''.

1992 - Pub. L. 102-484 inserted at end ''During the period

beginning on July 1, 1993, and ending on October 1, 1995, the

preceding sentence shall not apply to an officer of the Regular

Navy designated for limited duty to whom section 6383(a)(4) of this

title applies.''

1985 - Pub. L. 99-145 substituted ''rear admiral (lower half)''

for ''commodore''.

1984 - Pub. L. 98-525 substituted ''30'' for ''thirty''.

1981 - Pub. L. 97-86 substituted ''commodore'' for ''commodore

admiral''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 637, 1401, 1406 of this

title.

-CITE-

10 USC Sec. 635 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 635. Retirement for years of service: regular brigadier

generals and rear admirals (lower half)

-STATUTE-

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 rear

admiral (lower half), 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 30 years of

active commissioned service, whichever is later.

-SOURCE-

(Added Pub. L. 96-513, title I. Sec. 105, Dec. 12, 1980, 94 Stat.

2863; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), (5)(A), Dec.

1, 1981, 95 Stat. 1105, 1106; Pub. L. 98-525, title XIV, Sec.

1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99-145, title V,

Sec. 514(b)(1), (5)(A), Nov. 8, 1985, 99 Stat. 628.)

-MISC1-

AMENDMENTS

1985 - Pub. L. 99-145 substituted ''rear admirals (lower half)''

for ''commodores'' in section catchline and ''rear admiral (lower

half)'' for ''commodore'' in text.

1984 - Pub. L. 98-525 substituted ''30'' for ''thirty''.

1981 - Pub. L. 97-86 substituted ''commodores'' for ''commodore

admirals'' in section catchline and ''commodore'' for ''commodore

admiral'' in text.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 637, 1401, 1406 of this

title.

-CITE-

10 USC Sec. 636 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER III - FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT

FOR YEARS OF SERVICE

-HEAD-

Sec. 636. Retirement for years of service: regular officers in

grades above brigadier general and rear admiral (lower half)

-STATUTE-

(a) Major Generals and Rear Admirals Serving in Grade. - Except

as provided in subsection (b) or (c) and 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 35 years of active

commissioned service, whichever is later.

(b) Lieutenant Generals and Vice Admirals. - In the

administration of subsection (a) in the case of an officer who is

serving in the grade of lieutenant general or vice admiral, the

number of years of active commissioned service applicable to the

officer is 38 years.

(c) Generals and Admirals. - In the administration of subsection

(a) in the case of an officer who is serving in the grade of

general or admiral, the number of years of active commissioned

service applicable to the officer is 40 years.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2863; amended Pub. L. 98-525, title XIV, Sec. 1405(14), Oct. 19,

1984, 98 Stat. 2622; Pub. L. 105-85, div. A, title V, Sec. 506(a),

(b), Nov. 18, 1997, 111 Stat. 1726.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-85, Sec. 506(b), substituted ''regular

officers in grades above brigadier general and rear admiral (lower

half)'' for ''regular major generals and rear admirals'' in section

catchline.

Pub. L. 105-85, Sec. 506(a), designated existing provisions as

subsec. (a), inserted heading, substituted ''Except as provided in

subsection (b) or (c) and'' for ''Except as provided'', and added

subsecs. (b) and (c).

1984 - Pub. L. 98-525 substituted ''35'' for ''thirty-five''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 637, 1401, 1406 of this

title.

-CITE-

10 USC SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND

SELECTIVE EARLY RETIREMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

.

-HEAD-

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-MISC1-

Sec.

637. Selection of regular officers for continuation on active duty.

638. Selective early retirement.

638a. Modification to rules for continuation on active duty;

enhanced authority for selective early retirement and early

discharges.

639. Continuation on active duty to complete disciplinary action.

640. Deferment of retirement or separation for medical reasons.

AMENDMENTS

1990 - Pub. L. 101-510, div. A, title V, Sec. 521(a)(2), Nov. 5,

1990, 104 Stat. 1561, added item 638a.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 33 section 3048.

-CITE-

10 USC Sec. 637 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-HEAD-

Sec. 637. Selection of regular officers for continuation on active

duty

-STATUTE-

(a)(1) An officer subject to discharge or retirement in

accordance 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 20

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 24 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 or 634

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(b) of this title.

(2) An officer subject to retirement under section 635 or 636 of

this title who is serving in the grade of brigadier general, rear

admiral (lower half), 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 Secretary concerned. 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 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 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. The period of the continuation

on active duty of an officer under this section may be reduced by

the Secretary concerned in the case of any officer as provided in

section 638a of this title.

(d) For purposes of this section, a period of continuation on

active duty under this section expires or is completed on the

earlier of (1) the date originally established for the termination

of such period, or (2) the date established for the termination of

such period by any shortening of such period under section 638a of

this title.

(e) The Secretary of Defense shall prescribe regulations for the

administration of this section.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2863; amended Pub. L. 97-22, Sec. 4(e), July 10, 1981, 95 Stat.

127; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95

Stat. 1105; Pub. L. 98-525, title XIV, Sec. 1405(15), Oct. 19,

1984, 98 Stat. 2622; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov.

8, 1985, 99 Stat. 628; Pub. L. 101-510, div. A, title V, Sec.

521(b)(1), Nov. 5, 1990, 104 Stat. 1561.)

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-510, Sec. 521(b)(1)(A), inserted

at end ''The period of the continuation on active duty of an

officer under this section may be reduced by the Secretary

concerned in the case of any officer as provided in section 638a of

this title.''

Subsecs. (d), (e). Pub. L. 101-510, Sec. 521(b)(1)(B), (C), added

subsec. (d) and redesignated former subsec. (d) as (e).

1985 - Subsec. (b)(2). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1984 - Subsec. (a)(2). Pub. L. 98-525, Sec. 1405(15)(A),

substituted ''20'' for ''twenty''.

Subsec. (a)(3). Pub. L. 98-525, Sec. 1405(15)(B), substituted

''24'' for ''twenty-four''.

1981 - Subsec. (b)(1). Pub. L. 97-22, Sec. 4(e)(1), substituted

''section 633 or 634'' for ''section 633, 634, 635, or 636''.

Subsec. (b)(2). Pub. L. 97-86 substituted ''commodore'' for

''commodore admiral''.

Pub. L. 97-22, Sec. 4(e)(2), inserted provision that an officer

subject to retirement under section 635 or 636 of this title who is

serving in the grade of brigadier general, commodore admiral, 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

Secretary concerned and struck out requirement that the deferral of

the retirement of an officer subject to retirement under section

635 or 636 of this title serving in a grade above major general or

rear admiral was subject to the needs of the service.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Subchapter effective Sept. 15, 1981, but the authority to

prescribe regulations under this subchapter effective on Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as an Effective

Date of 1980 Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 632, 633, 634, 635,

636, 638a, 1558 of this title.

-CITE-

10 USC Sec. 638 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-HEAD-

Sec. 638. Selective early retirement

-STATUTE-

(a)(1) A regular officer on the active-duty list of the Army,

Navy, Air Force, or Marine Corps may be considered for selective

early retirement by a selection board convened under section 611(b)

of this title if the officer is described in any of subparagraphs

(A) through (D) as follows:

(A) An officer holding the regular grade of lieutenant colonel

or commander who 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.

(B) An officer holding the regular grade of colonel or, in the

case of an officer of the Navy, captain who 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.

(C) An officer holding the regular grade of brigadier general

or rear admiral (lower half) who has served at least three and

one-half years of active duty in that grade and whose name is not

on a list of officers recommended for promotion.

(D) An officer holding the regular grade of major general or

rear admiral who has served at least three and one-half years of

active duty in that grade.

(2) The Secretary of the military department concerned shall

specify the number of officers described in paragraphs (1)(A) and

(1)(B) which a selection board convened under section 611(b) of

this title may recommend for early retirement. Such number may not

be more than 30 percent of the number of officers considered in

each grade in each competitive category.

(3) A regular officer on the active-duty list of the Army, Navy,

Air Force, or Marine Corps may also be considered for early

retirement under the circumstances prescribed in section 638a of

this title.

(b)(1) An officer in a grade below brigadier general or rear

admiral (lower half) who is recommended for early retirement under

this section or section 638a of this title 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

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, rear admiral (lower half), 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.

(3) The Secretary concerned may defer for not more than 90 days

the retirement of an officer otherwise approved for early

retirement under this section or section 638a of this title in

order to prevent a personal hardship to the officer or for other

humanitarian reasons. Any such deferral shall be made on a

case-by-case basis considering the circumstances of the case of the

particular officer concerned. The authority of the Secretary to

grant such a deferral may not be delegated.

(c) So long as an officer in a grade below brigadier general or

rear admiral (lower half) 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 considered to be an involuntary retirement for purposes of any

other provision of law.

(e)(1) The Secretary of Defense shall prescribe regulations for

the administration of this section.

(2)(A) 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 (except as provided in subparagraph (B)) 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.

(B) A list under subparagraph (A) may not include an officer in

that grade and competitive category (i) who has been approved for

voluntary retirement under section 3911, 6323, or 8911 of this

title, or (ii) who is to be involuntarily retired under any

provision of law during the fiscal year in which the selection

board is convened or during the following fiscal year.

(C) An officer not considered by a selection board convened under

section 611(b) of this title by reason of subparagraph (B) shall be

retired on the date approved for the retirement of that officer as

of the convening date of such selection board unless the Secretary

concerned approves a modification of such date in order to prevent

a personal hardship for the officer or for other humanitarian

reasons.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2864; amended Pub. L. 97-22, Sec. 4(f), July 10, 1981, 95 Stat.

127; Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1, 1981, 95

Stat. 1105; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov. 8, 1985,

99 Stat. 628; Pub. L. 100-456, div. A, title V, Sec. 504, Sept.

29, 1988, 102 Stat. 1967; Pub. L. 101-510, div. A, title V, Sec.

521(b)(2), Nov. 5, 1990, 104 Stat. 1561; Pub. L. 102-190, div. A,

title V, Sec. 503(a), Dec. 5, 1991, 105 Stat. 1355; Pub. L.

103-160, div. A, title V, Sec. 506, Nov. 30, 1993, 107 Stat. 1646;

Pub. L. 104-106, div. A, title V, Sec. 504(b), Feb. 10, 1996, 110

Stat. 295.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(3). Pub. L. 104-106 added par. (3).

1993 - Subsec. (e)(2)(B). Pub. L. 103-160 inserted ''(i)'' after

''grade and competitive category'', inserted ''(ii)'' after ''of

this title, or'', and struck out comma after ''any provision of

law''.

1991 - Subsec. (e). Pub. L. 102-190 designated existing

provisions as pars. (1) and (2)(A), in par. (2)(A) inserted

''(except as provided in subparagraph (B))'' after ''under this

section, such list'', and added subpars. (B) and (C).

1990 - Subsec. (a)(3). Pub. L. 101-510, Sec. 521(b)(2)(A), added

par. (3).

Subsec. (b)(1). Pub. L. 101-510, Sec. 521(b)(2)(B), inserted ''or

section 638a of this title'' after ''under this section''.

1988 - Subsec. (a). Pub. L. 100-456 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''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 rear

admiral (lower half) and has served at least three and one-half

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 three and one-half 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.''

1985 - Subsecs. (a)(3), (b), (c). Pub. L. 99-145 substituted

''rear admiral (lower half)'' for ''commodore'' wherever appearing.

1981 - Subsec. (a)(3). Pub. L. 97-86 substituted ''commodore''

for ''commodore admiral''.

Subsec. (a)(3), (4). Pub. L. 97-22 substituted ''three and

one-half years of active duty'' for ''four years of active duty''.

Subsecs. (b), (c). Pub. L. 97-86 substituted ''commodore'' for

''commodore admiral'' wherever appearing.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 611, 638a, 688, 1558 of

this title.

-CITE-

10 USC Sec. 638a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-HEAD-

Sec. 638a. Modification to rules for continuation on active duty;

enhanced authority for selective early retirement and early

discharges

-STATUTE-

(a) The Secretary of Defense may authorize the Secretary of a

military department, during the period beginning on October 1,

1990, and ending on December 31, 2001, to take any of the actions

set forth in subsection (b) with respect to officers of an armed

force under the jurisdiction of that Secretary.

(b) Actions which the Secretary of a military department may take

with respect to officers of an armed force when authorized to do so

under subsection (a) are the following:

(1) Shortening the period of the continuation on active duty

established under section 637 of this title for a regular officer

who is serving on active duty pursuant to a selection under that

section for continuation on active duty.

(2) Providing that regular officers on the active-duty list may

be considered for early retirement by a selection board convened

under section 611(b) of this title in the case of officers

described in any of subparagraphs (A) through (C) as follows:

(A) Officers in the regular grade of lieutenant colonel or

commander who would be subject to consideration for selection

for early retirement under section 638(a)(1)(A) of this title

except that they have failed of selection for promotion only

one time (rather than two or more times).

(B) Officers in the regular grade of colonel or, in the case

of the Navy, captain who would be subject to consideration for

selection for early retirement under section 638(a)(1)(B) of

this title except that they have served on active duty in that

grade less than four years (but not less than two years).

(C) Officers, other than those described in subparagraphs (A)

and (B), holding a regular grade below the grade of colonel, or

in the case of the Navy, captain, who are eligible for

retirement under section 3911, 6323, or 8911 of this title, or

who after two additional years or less of active service would

be eligible for retirement under one of those sections and

whose names are not on a list of officers recommended for

promotion.

(3) Suspending section 638(c) of this title.

(4) Convening selection boards under section 611(b) of this

title to consider for discharge regular officers on the

active-duty list in a grade below lieutenant colonel or commander

-

(A) who have served at least one year of active duty in the

grade currently held;

(B) whose names are not on a list of officers recommended for

promotion; and

(C) who are not eligible to be retired under any provision of

law (other than by reason of eligibility pursuant to section

4403 of the National Defense Authorization Act for Fiscal Year

1993) and are not within two years of becoming so eligible.

(c)(1) In the case of an action under subsection (b)(2), the

Secretary of the military department concerned shall specify the

number of officers described in that subsection which a selection

board convened under section 611(b) of this title pursuant to the

authority of that subsection may recommend for early retirement.

Such number may not be more than 30 percent of the number of

officers considered in each grade in each competitive category.

(2) In the case of an action authorized under subsection (b)(2),

the Secretary of Defense may also authorize the Secretary of the

military department concerned when convening a selection board

under section 611(b) of this title to consider regular officers on

the active-duty list for early retirement to include within the

officers to be considered by the board reserve officers on the

active-duty list on the same basis as regular officers.

(3) In the case of an action under subsection (b)(2), the

Secretary of the military department concerned may submit to a

selection board convened pursuant to that subsection -

(A) the names of all eligible officers described in that

subsection in a particular grade and competitive category; or

(B) the names of all eligible officers described in that

subsection in a particular grade and competitive category who are

also in particular year groups, specialties, or retirement

categories, or any combination thereof, within that competitive

category.

(d)(1) In the case of an action under subsection (b)(4), the

Secretary of the military department concerned may submit to a

selection board convened pursuant to that subsection -

(A) the names of all officers described in that subsection in a

particular grade and competitive category; or

(B) the names of all officers described in that subsection in a

particular grade and competitive category who also are in

particular year groups or specialties, or both, within that

competitive category.

(2) The Secretary concerned shall specify the total number of

officers to be recommended for discharge by a selection board

convened pursuant to subsection (b)(4). That number may not be more

than 30 percent of the number of officers considered -

(A) in each grade in each competitive category; or

(B) in each grade, year group, or specialty (or combination

thereof) in each competitive category.

(3) The total number of officers described in subsection (b)(4)

from any of the armed forces (or from any of the armed forces in a

particular grade) who may be recommended during a fiscal year for

discharge by a selection board convened pursuant to the authority

of that subsection may not exceed 70 percent of the decrease, as

compared to the preceding fiscal year, in the number of officers of

that armed force (or the number of officers of that armed force in

that grade) authorized to be serving on active duty as of the end

of that fiscal year.

(4) An officer who is recommended for discharge by a selection

board convened pursuant to the authority of subsection (b)(4) and

whose discharge is approved by the Secretary concerned shall be

discharged on a date specified by the Secretary concerned.

(5) Selection of officers for discharge under this subsection

shall be based on the needs of the service.

(e) The discharge or retirement of an officer pursuant to this

section shall be considered to be involuntary for purposes of any

other provision of law.

-SOURCE-

(Added Pub. L. 101-510, div. A, title V, Sec. 521(a)(1), Nov. 5,

1990, 104 Stat. 1559; amended Pub. L. 102-190, div. A, title V,

Sec. 503(b), Dec. 5, 1991, 105 Stat. 1355; Pub. L. 102-484, div.

A, title V, Sec. 503, title LXIV, Sec. 4403(g)(2), Oct. 23, 1992,

106 Stat. 2402, 2703; Pub. L. 103-160, div. A, title V, Sec.

561(b), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105-261, div. A,

title V, Sec. 561(c), Oct. 17, 1998, 112 Stat. 2025; Pub. L.

106-398, Sec. 1 ((div. A), title V, Sec. 571(c)), Oct. 30, 2000,

114 Stat. 1654, 1654A-134.)

-REFTEXT-

REFERENCES IN TEXT

Section 4403 of the National Defense Authorization Act for Fiscal

Year 1993, referred to in subsec. (b)(4)(C), is section 4403 of

Pub. L. 102-484, which is set out as a note under section 1293 of

this title.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398 substituted ''December 31,

2001'' for ''September 30, 2001''.

1998 - Subsec. (a). Pub. L. 105-261 substituted ''during the

period beginning on October 1, 1990, and ending on September 30,

2001'' for ''during the nine-year period beginning on October 1,

1990''.

1993 - Subsec. (a). Pub. L. 103-160 substituted ''nine-year

period'' for ''five-year period''.

1992 - Subsec. (b)(4)(C). Pub. L. 102-484, Sec. 4403(g)(2),

inserted ''(other than by reason of eligibility pursuant to section

4403 of the National Defense Authorization Act for Fiscal Year

1993)'' after ''any provision of law''.

Subsec. (c)(3). Pub. L. 102-484, Sec. 503, added par. (3).

1991 - Subsec. (b)(2)(C). Pub. L. 102-190, Sec. 503(b)(1),

amended subpar. (C) generally. Prior to amendment, subpar. (C)

read as follows: ''Officers holding a regular grade below the grade

of colonel or, in the case of the Navy, captain who are not

eligible for retirement under section 3911, 6323, or 8911 of this

title but who after two additional years of active service as a

commissioned officer would be eligible for retirement under one of

those sections and whose names are not on a list of officers

recommended for promotion.''

Subsec. (c). Pub. L. 102-190, Sec. 503(b)(2), designated existing

provisions as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 637, 638, 1558 of this

title.

-CITE-

10 USC Sec. 639 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-HEAD-

Sec. 639. Continuation on active duty to complete disciplinary

action

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2866.)

-CITE-

10 USC Sec. 640 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER IV - CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY

RETIREMENT

-HEAD-

Sec. 640. Deferment of retirement or separation for medical reasons

-STATUTE-

(a) If the Secretary of the military department concerned

determines that the evaluation of the physical condition of an

officer and determination of the officer's entitlement to

retirement or separation for physical disability require

hospitalization or medical observation and that such

hospitalization or medical observation cannot be completed with

confidence in a manner consistent with the member's well being

before the date on which the officer would otherwise be required to

retire or be separated under this title, the Secretary may defer

the retirement or separation of the officer under this title.

(b) A deferral of retirement or separation under subsection (a)

may not extend for more than 30 days after completion of the

evaluation requiring hospitalization or medical observation.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2866; amended Pub. L. 107-107, div. A, title V, Sec. 507, Dec. 28,

2001, 115 Stat. 1090.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 amended text generally. Prior to

amendment, text read as follows: ''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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 641 of this title.

-CITE-

10 USC SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO

PROMOTION, SEPARATION, AND RETIREMENT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

.

-HEAD-

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-MISC1-

Sec.

641. Applicability of chapter.

642. Entitlement of officers discharged or retired under this

chapter to separation pay or retired pay.

643. Chaplains: discharge or retirement upon loss of professional

qualifications.

(644. Repealed.)

645. Definitions.

646. Consideration of performance as a member of the Joint Staff.

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1671(b)(5), Oct.

5, 1994, 108 Stat. 3013, struck out item 644 ''Authority to suspend

officer personnel laws''.

1984 - Pub. L. 98-525, title XIII, Sec. 1301(d)(2), Oct. 19,

1984, 98 Stat. 2612, added item 646.

-CITE-

10 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

Sec. 641. Applicability of chapter

-STATUTE-

Officers in the following categories are not subject to this

chapter (other than section 640 and, in the case of warrant

officers, section 628):

(1) Reserve officers -

(A) on active duty for training;

(B) on active duty under section 3038, 5143, 5144, 8038,

10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b),

10507, or 12402 of this title or section 708 of title 32;

(C) on active duty under section 12301(d) of this title in

connection with organizing, administering, recruiting,

instructing, or training the reserve components;

(D) on active duty under section 12301(d) of this title,

other than as provided under subparagraph (C), if the call or

order to active duty, under regulations prescribed by the

Secretary concerned, specifies a period of three years or less

and continued placement on the reserve active-status list;

(E) on active duty to pursue special work;

(F) ordered to active duty under section 12304 of this title;

(G) 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; or

(H) on full-time National Guard duty.

(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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2866; amended Pub. L. 98-525, title IV, Sec. 414(a)(5), title V,

Sec. 527(b), Oct. 19, 1984, 98 Stat. 2519, 2525; Pub. L. 99-433,

title V, Sec. 531(a)(2), Oct. 1, 1986, 100 Stat. 1063; Pub. L.

103-337, div. A, title XVI, Sec. 1671(c)(5), Oct. 5, 1994, 108

Stat. 3014; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(6),

Feb. 10, 1996, 110 Stat. 498; Pub. L. 104-201, div. A, title XII,

Sec. 1212(e), Sept. 23, 1996, 110 Stat. 2694; Pub. L. 106-398, Sec.

1 ((div. A), title V, Sec. 521), Oct. 30, 2000, 114 Stat. 1654,

1654A-108; Pub. L. 107-107, div. A, title V, Sec. 511(a), Dec. 28,

2001, 115 Stat. 1092.)

-COD-

CODIFICATION

Pub. L. 103-337, div. A, title XVI, Sec. 1624, 1691(b)(1), Oct.

5, 1994, 108 Stat. 2961, 3026, which directed amendment of this

section effective Oct. 1, 1996, by inserting ''(a)'' before

''Officers in the following'' and by adding at the end a new

subsec. (b), was amended by Pub. L. 104-106, div. A, title XV,

Sec. 1501(a)(1)(A), Feb. 10, 1996, 110 Stat. 495, and, as so

amended, amends section 620 of this title instead of this section.

-MISC3-

AMENDMENTS

2001 - Par. (1)(D). Pub. L. 107-107 amended subpar. (D)

generally. Prior to amendment, subpar. (D) read as follows: ''on

the reserve active-status list who are on active duty under section

12301(d) of this title, other than as provided in subparagraph (C),

under a call or order to active duty specifying a period of three

years or less;''.

2000 - Par. (1)(D) to (H). Pub. L. 106-398 added subpar. (D) and

redesignated former subpars. (D) to (G) as (E) to (H),

respectively.

1996 - Par. (1)(B). Pub. L. 104-201 inserted ''5143, 5144,''

after ''3038,''.

Pub. L. 104-106 substituted ''10502, 10505, 10506(a), 10506(b),

10507'' for ''10501''.

1994 - Par. (1)(B). Pub. L. 103-337, Sec. 1671(c)(5)(A),

substituted ''3038, 8038, 10211, 10301 through 10305, 10501, or

12402'' for ''175, 265, 3021, 3038, 3040, 3496, 5251, 5252, 8021,

8038, or 8496''.

Par. (1)(C). Pub. L. 103-337, Sec. 1671(c)(5)(B), substituted

''12301(d)'' for ''672(d)''.

Par. (1)(E). Pub. L. 103-337, Sec. 1671(c)(5)(C), substituted

''12304'' for ''673b''.

1986 - Par. (1)(B). Pub. L. 99-433 substituted ''3021, 3038,

3040, 3496, 5251, 5252, 8021, 8038'' for ''3015, 3019, 3033, 3496,

5251, 5252, 8019, 8033''.

1984 - Pub. L. 98-525, Sec. 527(b), substituted ''(other than

section 640 and, in the case of warrant officers, section 628)''

for ''(other than section 640)'' in provisions preceding par. (1).

Par. (1)(C). Pub. L. 98-525, Sec. 414(a)(5)(A), struck out ''or

under section 502 or 503 of title 32'' after ''section 672(d) of

this title''.

Par. (1)(G). Pub. L. 98-525, Sec. 414(a)(5)(B)-(D), added subpar.

(G).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

a note under section 10001 of this title.

EFFECTIVE DATE

Subchapter effective Sept. 15, 1981, but the authority to

prescribe regulations under this subchapter effective on Dec. 12,

1980, see section 701 of Pub. L. 96-513, set out as an Effective

Date of 1980 Amendment note under section 101 of this title.

RETROACTIVE APPLICATION

Pub. L. 107-107, div. A, title V, Sec. 511(b), Dec. 28, 2001,

115 Stat. 1092, provided that:

''(1) The Secretary of the military department concerned may

provide that an officer who was excluded from the active-duty list

under section 641(1)(D) of title 10, United States Code, as amended

by section 521 of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Public Law 106-398; 114 Stat. 1654A-108), shall be considered to

have been on the active-duty list during the period beginning on

the date on which the officer was so excluded and ending on the

date of the enactment of this Act (Dec. 28, 2001).

''(2) The Secretary of the military department concerned may

provide that a Reserve officer who was placed on the active-duty

list on or after October 30, 1997, shall be placed on the reserve

active-status list if the officer otherwise meets the conditions

specified in section 641(1)(D) of title 10, United States Code, as

amended by subsection (a).''

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 620 of this title.

-CITE-

10 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

Sec. 642. Entitlement of officers discharged or retired under this

chapter to separation pay or retired pay

-STATUTE-

(a) An officer who is discharged under this chapter is entitled,

if eligible therefor, to separation pay under section 1174 of this

title.

(b) An officer who is retired under this chapter is entitled to

retired pay computed under chapter 71 of this title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2867.)

-CITE-

10 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

Sec. 643. Chaplains: discharge or retirement upon loss of

professional qualifications

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2867.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1174 of this title.

-CITE-

10 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

(Sec. 644. Repealed. Pub. L. 103-337, div. A, title XVI, Sec.

1622(b), Oct. 5, 1994, 108 Stat. 2961)

-MISC1-

Section, added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980,

94 Stat. 2867; amended Pub. L. 102-190, div. A, title XI, Sec.

1115, Dec. 5, 1991, 105 Stat. 1503, related to authority to suspend

officer personnel laws. See section 123 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-CITE-

10 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

Sec. 645. Definitions

-STATUTE-

In this chapter:

(1) The term ''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 (other than after having been placed

on that list after a selection from below the promotion

zone); 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 rear admiral (lower half), 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 (other than after

having been placed on that list after a selection from below

the promotion zone); and

(B) are senior to the officer designated by the Secretary of

the military department concerned to be the junior officer in

the promotion zone eligible for consideration for promotion to

the next higher grade.

(2) The term ''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) The term ''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.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat.

2867; amended Pub. L. 97-86, title IV, Sec. 405(b)(1), Dec. 1,

1981, 95 Stat. 1105; Pub. L. 98-525, title V, Sec. 533(a), Oct. 19,

1984, 98 Stat. 2528; Pub. L. 99-145, title V, Sec. 514(b)(1), Nov.

8, 1985, 99 Stat. 628; Pub. L. 102-25, title VII, Sec. 701(i)(1),

Apr. 6, 1991, 105 Stat. 115.)

-MISC1-

AMENDMENTS

1991 - Pars. (1) to (3). Pub. L. 102-25 inserted ''The term''

after par. designations and lowercased initial letter of quoted

phrases.

1985 - Par. (1)(A)(ii). Pub. L. 99-145 substituted ''rear admiral

(lower half)'' for ''commodore''.

1984 - Par. (1)(A)(i)(II), (ii)(II). Pub. L. 98-525, Sec.

533(a)(1), inserted ''(other than after having been placed on that

list after a selection from below the promotion zone)''.

Par. (1)(B). Pub. L. 98-525, Sec. 533(a)(2), inserted ''in the

promotion zone'' after ''the junior officer'' and struck out ''in

the promotion zone'' after ''higher grade''.

1981 - Par. (1)(A)(ii). Pub. L. 97-86 substituted ''commodore''

for ''commodore admiral''.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section

405(f) of Pub. L. 97-86, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 646 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 36 - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF

OFFICERS ON THE ACTIVE-DUTY LIST

SUBCHAPTER V - ADDITIONAL PROVISIONS RELATING TO PROMOTION,

SEPARATION, AND RETIREMENT

-HEAD-

Sec. 646. Consideration of performance as a member of the Joint

Staff

-STATUTE-

The Secretary of Defense, in consultation with the Chairman of

the Joint Chiefs of Staff, shall ensure that officer personnel

policies of the Army, Navy, Air Force, and Marine Corps concerning

promotion, retention, and assignment give appropriate consideration

to the performance of an officer as a member of the Joint Staff.

-SOURCE-

(Added Pub. L. 98-525, title XIII, Sec. 1301(d)(1), Oct. 19, 1984,

98 Stat. 2612.)

-CITE-