
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 504]
[Document affected by Public Law 107-107 Section 505(c)(1)(A)]
[CITE: 10USC619]

 
                         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
 
Sec. 619. Eligibility for consideration for promotion: time-in-
        grade and other requirements
        
    (a)(1) An officer who is on the active-duty list of the Army, Air 
Force, or Marine Corps and holds a permanent appointment in the grade of 
second lieutenant or first lieutenant or is on the active-duty list of 
the Navy and holds a permanent appointment in the grade of ensign or 
lieutenant (junior grade) may not be promoted to the next higher 
permanent grade until he has completed the following period of service 
in the grade in which he holds a permanent appointment:
        (A) Eighteen months, in the case of an officer holding a 
    permanent appointment in the grade of second lieutenant or ensign.
        (B) Two years, in the case of an officer holding a permanent 
    appointment in the grade of first lieutenant or lieutenant (junior 
    grade).

    (2) Subject to paragraph (4), an officer who is on the active-duty 
list of the Army, Air Force, or Marine Corps and holds a permanent 
appointment in a grade above first lieutenant or is on the active-duty 
list of the Navy and holds a permanent appointment in a grade above 
lieutenant (junior grade) may not be considered for selection for 
promotion to the next higher permanent grade until he has completed the 
following period of service in the grade in which he holds a permanent 
appointment:
        (A) Three years, in the case of an officer of the Army, Air 
    Force, or Marine Corps holding a permanent appointment in the grade 
    of captain, major, or lieutenant colonel or of an officer of the 
    Navy holding a permanent appointment in the grade of lieutenant, 
    lieutenant commander, or commander.
        (B) One year, in the case of an officer of the Army, Air Force, 
    or Marine Corps holding a permanent appointment in the grade of 
    colonel or brigadier general or of an officer of the Navy holding a 
    permanent appointment in the grade of captain or 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 clause (A) of such paragraph have at least two opportunities for 
consideration for promotion to the next higher grade as officers below 
the promotion zone.
    (5) In computing service in grade for purposes of this section, 
service in a grade held as a result of assignment to a position is 
counted as service in the grade in which the officer would have served 
except for such assignment or appointment.
    (b)(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)(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) 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.

(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, Secs. 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, Secs. 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.)


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 661, 663 of this title.
