
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC629]

 
                         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
 
Sec. 629. Removal from a list of officers recommended for 
        promotion
        
    (a) The President may remove the name of any officer from a list of 
officers recommended for promotion by a selection board convened under 
this chapter.
    (b) If, after consideration of a list of officers approved for 
promotion by the President, the Senate does not give its advice and 
consent to the appointment of an officer whose name is on the list, that 
officer's name shall be removed from the list.
    (c)(1) An officer whose name is removed from a list under subsection 
(a) or (b) continues to be eligible for consideration for promotion. If 
he is recommended for promotion by the next selection board convened for 
his grade and competitive category and he is promoted, the Secretary of 
the military department concerned may, upon such promotion, grant him 
the same date of rank, the same effective date for the pay and 
allowances of the grade to which promoted, and the same position on the 
active-duty list as he would have had if his name had not been so 
removed.
    (2) If such an officer who is in a grade below the grade of colonel 
or, in the case of the Navy, captain is not recommended for promotion by 
the next selection board convened for his grade and competitive 
category, or if his name is again removed from the list of officers 
recommended for promotion, 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.

(Added Pub. L. 96-513, title I, Sec. 105, Dec. 12, 1980, 94 Stat. 2860.)

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