
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 505(a)(1)]
[Document affected by Public Law 107-107 Section 505(c)(2)(A)]
[Document affected by Public Law 107-107 Section 505(d)(1)]
[CITE: 10USC624]

 
                         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. 624. Promotions: how made

    (a)(1) When the report of a selection board convened under section 
611(a) of this title is approved by the President, 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.
    (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 or lieutenant (junior grade) or lieutenant 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 subsection (d)(2) the officer 
shall be retained on the promotion list and shall, upon promotion to the 
next higher grade, have the same date of rank, the same effective date 
for the pay and allowances of the grade to which promoted, and the same 
position on the active-duty list as he would have had if no delay had 
intervened, 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, 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.

(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.)


                               Amendments

    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''.

                         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, Secs. 1(c), 3, Dec. 9, 
1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 
3, The President.

                  Section Referred to in Other Sections

    This section is referred to in sections 626, 628, 12203 of this 
title.
