
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC620]

 
                         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. 620. Active-duty lists

    (a) The Secretary of the military department concerned shall 
maintain a single list of all officers (other than officers described in 
section 641 of this title) who are on active duty for each armed force 
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.

(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.)


                               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.


  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.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 14002 of this title.
