
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 522]
[Document affected by Public Law 107-107 Section 523]
[CITE: 10USC664]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                  CHAPTER 38--JOINT OFFICER MANAGEMENT
 
Sec. 664. Length of joint duty assignments

    (a) General Rule.--The length of a joint duty assignment--
        (1) for general and flag officers shall be not less than two 
    years; and
        (2) for other officers shall be not less than three years.

    (b) Waiver Authority.--The Secretary of Defense may waive subsection 
(a) in the case of any officer.
    (c) Initial Assignment of Officers With Critical Occupational 
Specialties.--The Secretary may for purposes of section 661(c)(2) of 
this title authorize a joint duty assignment of less than the period 
prescribed by subsection (a), but not less than two years, without the 
requirement for a waiver under subsection (b) in the case of an 
officer--
        (1) who is nominated for the joint specialty;
        (2) who has a military occupational specialty designated under 
    section 661(c)(2) of this title as a critical occupational 
    specialty; and
        (3) for whom such joint duty assignment is the initial joint 
    duty assignment.

    (d) Exclusions From Tour Length.--The Secretary of Defense may 
exclude the following service from the standards prescribed in 
subsection (a):
        (1) Service in a joint duty assignment in which the full tour of 
    duty in the assignment is not completed by the officer because of--
            (A) retirement;
            (B) release from active duty;
            (C) suspension from duty under section 155(f)(2) or 164(g) 
        of this title; or
            (D) a qualifying reassignment (as described in subsection 
        (g)(4)).

        (2) Service in a joint duty assignment outside the United States 
    or in Alaska or Hawaii which is less than the applicable standard 
    prescribed in subsection (a).
        (3) Service in a joint duty assignment in a case in which--
            (A) the officer's tour of duty in that assignment brings the 
        officer's cumulative service for purposes of subsection (f)(3) 
        to the applicable standard prescribed in subsection (a); and
            (B) the length of time served in that assignment (in any 
        case other than an assignment which is described in subsection 
        (g)(4)(B)) was not less than two years.

    (e) Average Tour Lengths.--(1) The Secretary shall ensure that the 
average length of joint duty assignments during any fiscal year, 
measured by the lengths of the joint duty assignments ending during that 
fiscal year, meets the standards prescribed in subsection (a).
    (2) In computing the average length of joint duty assignments for 
purposes of paragraph (1), the Secretary may exclude the following 
service:
        (A) Service described in subsection (c), except that not more 
    than 12\1/2\ percent of all joint duty assignments shown on the list 
    published pursuant to section 668(b)(2)(A) of this title may be so 
    excluded in any year.
        (B) Service described in subsection (d).
        (C) Service described in subsection (f)(6), except that no more 
    than 10 percent of all joint duty assignments shown on the list 
    published pursuant to section 668(b)(2)(A) of this title may be so 
    excluded in any year.

    (f) Full Tour of Duty.--An officer shall be considered to have 
completed a full tour of duty in a joint duty assignment upon completion 
of any of the following:
        (1) A joint duty assignment that meets the standards prescribed 
    in subsection (a).
        (2) A joint duty assignment under the circumstances described in 
    subsection (c).
        (3) Cumulative service in joint duty assignments as described in 
    subsection (g).
        (4) A joint duty assignment outside the United States or in 
    Alaska or Hawaii for which the normal accompanied-by-dependents tour 
    of duty is prescribed by regulation to be at least two years in 
    length, if the officer serves in the assignment for a period 
    equivalent to the accompanied-by-dependents tour length (except that 
    not more than 6 percent of all joint duty assignments may be 
    considered to be under this paragraph at any time).
        (5) A joint duty assignment with respect to which the Secretary 
    of Defense has granted a waiver under subsection (b), but only in a 
    case in which the Secretary determines that the service completed by 
    that officer in that duty assignment shall be considered to be a 
    full tour of duty in a joint duty assignment.
        (6) A second joint duty assignment that is less than the period 
    required under subsection (a), but not less than two years, without 
    regard to whether a waiver was granted for such assignment under 
    subsection (b).

    (g) Cumulative Credit.--(1) Cumulative service for purposes of 
subsection (f)(3) is service in joint duty assignments which totals in 
length not less than the applicable standard prescribed in subsection 
(a) and which includes at least one tour of duty in a joint duty 
assignment that--
        (A) was performed outside the United States or in Alaska or 
    Hawaii; or
        (B) was terminated because of a qualifying reassignment (as 
    described in paragraph (4)).

    (2) In computing cumulative service of an officer in joint duty 
assignments for purposes of paragraph (1), a tour of duty of the officer 
in a joint duty assignment other than a tour of duty specified in 
subparagraph (A) or (B) of paragraph (1) may not be counted unless the 
officer served at least two years in the assignment. The prohibition on 
counting certain tours of duty in the preceding sentence does not apply 
to a joint duty assignment which follows a reassignment described in 
paragraph (4)(B).
    (3) In computing the cumulative service of an officer in joint duty 
assignments for purposes of paragraph (1), a tour of duty in a joint 
duty assignment shall be excluded if the officer served less than 10 
months in that assignment.
    (4) For purposes of paragraph (1)(B), a qualifying reassignment is a 
reassignment of an officer from a joint duty assignment--
        (A) for unusual personal reasons (including extreme hardship and 
    medical conditions) beyond the control of the officer or the armed 
    forces; or
        (B) to another joint duty assignment immediately after--
            (i) the officer was promoted to a higher grade if the 
        reassignment was made because no joint duty assignment was 
        available within the same organization that was commensurate 
        with the officer's new grade; or
            (ii) the officer's position was eliminated in a 
        reorganization.

    (h) Constructive Credit.--(1) The Secretary of Defense may accord 
constructive credit in the case of an officer (other than a general or 
flag officer) who, for reasons of military necessity, is reassigned from 
a joint duty assignment within 60 days of meeting the tour length 
criteria prescribed in subsection (f)(1), (f)(2), (f)(4), or (g)(2). The 
amount of constructive service that may be credited to such officer 
shall be the amount sufficient for the completion of the applicable tour 
of duty requirement, but in no case more than 60 days.
    (2) For the purpose of computing under subsection (e) the average 
length of joint duty assignments during a fiscal year, the amount of any 
constructive service credited under this subsection with respect to a 
joint duty assignment to be counted in that computation shall be 
excluded.
    (3) This subsection shall not apply in the case of an officer who 
serves less than 10 months in the joint duty assignment.
    (i) Joint Duty Credit for Certain Joint Task Force Assignments.--(1) 
In the case of an officer who completes service in a qualifying 
temporary joint task force assignment, the Secretary of Defense, with 
the advice of the Chairman of the Joint Chiefs of Staff, may (subject to 
the criteria prescribed under paragraph (4)) grant the officer--
        (A) credit for having completed a full tour of duty in a joint 
    duty assignment; or
        (B) credit countable for determining cumulative service in joint 
    duty assignments.

    (2)(A) For purposes of paragraph (1), a qualifying temporary joint 
task force assignment of an officer is a temporary assignment, any part 
of which is performed by the officer on or after February 10, 1996--
        (i) to the headquarters staff of a United States joint task 
    force that is part of a unified command or the United States element 
    of the headquarters staff of a multinational force; and
        (ii) with respect to which the Secretary of Defense determines 
    that service of the officer in that assignment is equivalent to that 
    which would be gained by the officer in a joint duty assignment.

    (B) An officer may not be granted credit under this subsection 
unless the officer is recommended for such credit by the Chairman of the 
Joint Chiefs of Staff.
    (3) Credit under paragraph (1) (including a determination under 
paragraph (2)(A)(ii) and a recommendation under paragraph (2)(B) with 
respect to such credit) may be granted only on a case-by-case basis in 
the case of an individual officer.
    (4) The Secretary of Defense shall prescribe by regulation criteria 
for determining whether an officer may be granted credit under paragraph 
(1) with respect to service in a qualifying temporary joint task force 
assignment. The criteria shall apply uniformly among the armed forces 
and shall include the following requirements:
        (A) For an officer to be credited as having completed a full 
    tour of duty in a joint duty assignment, the length of the officer's 
    service in the qualifying temporary joint task force assignment must 
    meet the requirements of subsection (a) or (c).
        (B) For an officer to be credited with service for purposes of 
    determining cumulative service in joint duty assignments, the 
    officer must serve at least 90 consecutive days in the qualifying 
    temporary joint task force assignment.
        (C) The service must be performed in support of a mission that 
    is directed by the President or that is assigned by the President to 
    United States forces in the joint task force involved.
        (D) The joint task force must be constituted or designated by 
    the Secretary of Defense or by the commander of a combatant command 
    or of another force.
        (E) The joint task force must conduct combat or combat-related 
    operations in a unified action under joint or multinational command 
    and control.

    (5) Officers for whom joint duty credit is granted pursuant to this 
subsection may not be taken into account for the purposes of any of the 
following provisions of this title: section 661(d)(1), section 
662(a)(3), section 662(b), subsection (a) of this section, and 
paragraphs (7), (8), (9), (11), and (12) of section 667.
    (6) In the case of an officer credited with having completed a full 
tour of duty in a joint duty assignment pursuant to this subsection, the 
Secretary of Defense may waive the requirement in paragraph (1)(B) of 
section 661(c) of this title that the tour of duty in a joint duty 
assignment be performed after the officer completes a program of 
education referred to in paragraph (1)(A) of that section. The 
provisions of subparagraphs (C) and (D) of section 661(c)(3) of this 
title shall apply to such a waiver in the same manner as to a waiver 
under subparagraph (A) of that section.

(Added Pub. L. 99-433, title IV, Sec. 401(a), Oct. 1, 1986, 100 Stat. 
1028; amended Pub. L. 100-180, div. A, title XIII, Sec. 1303(a), Dec. 4, 
1987, 101 Stat. 1170; Pub. L. 100-456, div. A, title V, Secs. 514, 
517(b), Sept. 29, 1988, 102 Stat. 1969, 1971; Pub. L. 104-106, div. A, 
title V, Sec. 501(b), (e), (f), Feb. 10, 1996, 110 Stat. 290, 292; Pub. 
L. 106-65, div. A, title X, Sec. 1066(a)(5), Oct. 5, 1999, 113 Stat. 
770.)


                               Amendments

    1999--Subsec. (i)(2)(A). Pub. L. 106-65 substituted ``February 10, 
1996'' for ``the date of the enactment of this subsection'' in 
introductory provisions.
    1996--Subsec. (e)(1). Pub. L. 104-106, Sec. 501(f), struck out 
``(after fiscal year 1990)'' after ``any fiscal year''.
    Subsec. (e)(2)(C). Pub. L. 104-106, Sec. 501(e)(1), added subpar. 
(E).
    Subsec. (f). Pub. L. 104-106, Sec. 501(e)(2)(A), substituted 
``completion of any of the following:'' for ``completion of--'' in 
introductory provisions.
    Subsec. (f)(1). Pub. L. 104-106, Sec. 501(e)(2)(B), (D), substituted 
``A joint duty'' for ``a joint duty'' and ``subsection (a).'' for 
``subsection (a);''.
    Subsec. (f)(2). Pub. L. 104-106, Sec. 501(e)(2)(B), (D), substituted 
``A joint duty'' for ``a joint duty'' and ``subsection (c).'' for 
``subsection (c);''.
    Subsec. (f)(3). Pub. L. 104-106, Sec. 501(e)(2)(C), (D), substituted 
``Cumulative'' for ``cumulative'' and ``subsection (g).'' for 
``subsection (g);''.
    Subsec. (f)(4). Pub. L. 104-106, Sec. 501(e)(2)(B), (D), substituted 
``A joint duty'' for ``a joint duty'' and ``any time).'' for ``any 
time); or''.
    Subsec. (f)(5). Pub. L. 104-106, Sec. 501(e)(2)(B), substituted ``A 
joint duty'' for ``a joint duty''.
    Subsec. (f)(6). Pub. L. 104-106, Sec. 501(e)(2)(E), added par. (6).
    Subsec. (i). Pub. L. 104-106, Sec. 501(b), added subsec. (i).
    1988--Subsec. (a)(1). Pub. L. 100-456, Sec. 514(1)(A), substituted 
``two years'' for ``three years''.
    Subsec. (a)(2). Pub. L. 100-456, Sec. 514(1)(B), substituted ``three 
years'' for ``three and one-half years''.
    Subsec. (c)(1). Pub. L. 100-456, Sec. 514(2), substituted ``is'' for 
``has been'' and struck out ``before such assignment begins'' after 
``specialty''.
    Subsec. (d)(2). Pub. L. 100-456, Sec. 514(3), inserted ``which is 
less than the applicable standard prescribed in subsection (a)'' after 
``Hawaii''.
    Subsec. (e)(2)(A). Pub. L. 100-456, Sec. 517(b), substituted ``12\1/
2\ percent'' for ``10 percent''.
    Subsec. (f)(4), (5). Pub. L. 100-456, Sec. 514(4), added pars. (4) 
and (5).
    Subsec. (g)(3). Pub. L. 100-456, Sec. 514(5), substituted ``shall be 
excluded if the officer served less than 10 months in that assignment'' 
for ``shall be excluded--
        ``(A) if the officer served less than 10 months in that 
    assignment; and
        ``(B) to the extent that the assignment was served more than 
    eight years before the date of computation of the cumulative 
    service.''
    Subsec. (h). Pub. L. 100-456, Sec. 514(6), added subsec. (h).
    1987--Subsec. (b). Pub. L. 100-180 added subsec. (b) and struck out 
former subsec. (b) which read as follows: ``The Secretary of Defense may 
waive subsection (a) in the case of any officer, but the Secretary shall 
ensure that the average length of joint duty assignments meets the 
standards prescribed in that subsection.''
    Subsec. (c). Pub. L. 100-180 added subsec. (c) and struck out former 
subsec. (c), ``Certain officers with critical combat operations 
skills'', which read as follows: ``Joint duty assignments of less than 
the period prescribed by subsection (a), but not less than two years, 
may be authorized for the purposes of section 661(c)(2) of this title. 
Such an assignment may not be counted for the purposes of determining 
the average length of joint duty assignments under subsection (b).''
    Subsec. (d). Pub. L. 100-180 added subsec. (d) and struck out former 
subsec. (d), ``Exception'', which read as follows:
    ``(1) Subsection (a) does not apply in the case of an officer who 
fails to complete a joint duty assignment as the result of--
        ``(A) retirement;
        ``(B) separation from active duty; or
        ``(C) suspension from duty under section 155(f)(2) or 164(g) of 
    this title.
    ``(2) In computing the average length of joint duty assignments for 
purposes of this section, the Secretary of Defense shall exclude joint 
duty assignments not completed because of a reason specified in 
paragraph (1).''
    Subsecs. (e) to (g). Pub. L. 100-180 added subsecs. (e) to (g).


 Joint Duty Credit for Certain Duty Performed During Operations Desert 
                         Shield and Desert Storm

    Pub. L. 103-160, div. A, title IX, Sec. 932, Nov. 30, 1993, 107 
Stat. 1735, provided that:
    ``(a) Authority To Give Joint Duty Credit.--(1) An officer described 
in paragraph (2) may (subject to paragraph (3)) be given credit for 
service in a joint duty assignment pursuant to the provisions of section 
933 of the National Defense Authorization Act for Fiscal Year 1993 
(Public Law 102-484; 106 Stat. 2476; 10 U.S.C. 664 note), 
notwithstanding the expiration (under subsection (e) of that section) of 
authority to give such credit under that section.
    ``(2) Paragraph (1) applies--
        ``(A) in the case of an officer who was recommended for such 
    credit under subsection (a)(3) of that section before the expiration 
    (under subsection (e) of that section) of authority to give such 
    credit, but for whom such credit either was denied or was granted as 
    credit for less than a full tour of duty in a joint duty assignment; 
    and
        ``(B) in the case of an officer who did not submit a timely 
    request for consideration for such credit.
    ``(3)(A) In the case of an officer described in paragraph (2)(A), 
joint duty credit may be granted by reason of this subsection only if 
the Secretary determines that the decision not to give the credit or not 
to give greater credit, as the case may be, to that officer was 
incorrect.
    ``(B) In the case of an officer described in paragraph (2)(B), joint 
duty credit may be granted by reason of this subsection only if the 
Secretary determines that the officer's ability to submit a timely 
request was impaired by involvement of the officer in an operational 
assignment and, as a result of the failure to submit such a timely 
request, the officer was not recommended for such credit.
    ``(b) Duration of Authority.--Subsection (a) expires at the end of 
the 90-day period beginning on the date of the enactment of this Act 
[Nov. 30, 1993].
    ``(c) Clarification of Intended Relationship Between Credit and 
Promotions.--[Amended section 933(a)(1) of Pub. L. 102-484, below.]
    ``(2) Any joint duty service credit given to an officer under 
section 933(a)(1) of the National Defense Authorization Act for Fiscal 
Year 1993 before the date of the enactment of this Act [Nov. 30, 1993] 
may be applied to any provision of title 10, United States Code.''
    Pub. L. 102-484, div. A, title IX, Sec. 933, Oct. 23, 1992, 106 
Stat. 2476, as amended by Pub. L. 103-35, title II, Sec. 202(a)(9), May 
31, 1993, 107 Stat. 101; Pub. L. 103-160, div. A, title IX, 
Sec. 932(c)(1), Nov. 30, 1993, 107 Stat. 1735, provided that:
    ``(a) Authority To Give Joint Duty Credit.--(1) The Secretary of 
Defense, in consultation with the Chairman of the Joint Chiefs of Staff, 
may give an officer who has completed service described in paragraph (2) 
credit for having completed a full tour of duty in a joint duty 
assignment, or credit countable for determining cumulative service in 
joint duty assignments, for the purposes of any provision of title 10, 
United States Code, notwithstanding the length of such service or 
whether that service is within the definition of `joint duty assignment' 
in section 668 of title 10, United States Code.
    ``(2) Service referred to in paragraph (1) is service performed by 
an officer, any portion of which took place during the period beginning 
on August 2, 1990, and ending on February 28, 1991, in an assignment in 
the Persian Gulf combat zone that (as determined by the Secretary of 
Defense) provided significant experience in joint matters.
    ``(3) The Secretary, after consultation with the Chairman of the 
Joint Chiefs of Staff, may give credit for service in a joint duty 
assignment under paragraph (1) in the case of an officer recommended for 
such credit by the Chief of Staff of the Army (for officers in the 
Army), the Chief of Naval Operations (for officers in the Navy), the 
Chief of Staff of the Air Force (for officers in the Air Force), and the 
Commandant of the Marine Corps (for officers in the Marine Corps). Any 
such credit shall be granted by the Secretary on a case-by-case basis.
    ``(4) The Secretary of Defense shall establish uniform criteria for 
defining the standards to be used in determining whether to give an 
officer credit for service in a joint duty assignment under paragraph 
(1). Such criteria shall be consistent with the congressional 
declarations of policy in section 2 of the National Security Act of 1947 
(50 U.S.C. 401) and section 3 of the Goldwater-Nichols Department of 
Defense Reorganization Act of 1986 [Pub. L. 99-433] (10 U.S.C. 111 
note). The criteria shall include standards to be used in determining 
whether to give an officer credit for completion of a full tour of duty, 
or credit countable for determining cumulative service, in a joint duty 
assignment. Such criteria may not result in the extension of eligibility 
for joint duty credit under this section to all officers in a specified 
category of officers that exists other than for reasons of this section.
    ``(b) Inapplicability of Certain Reporting and Policy 
Requirements.--(1) Officers for whom joint duty credit is granted 
pursuant to subsection (a) shall not be counted for the purposes of 
paragraphs (7), (8), (9), (11), and (12) of section 667 of title 10, 
United States Code, and subsections (a)(3) and (b) of section 662 of 
such title.
    ``(2) In the case of an officer for whom credit for completion of a 
full tour of duty in a joint duty assignment is granted pursuant to 
subsection (a), the Secretary of Defense may waive the requirement in 
paragraph (1)(B) of section 661(c) of title 10, United States Code, 
that, for purposes of nomination to the joint specialty under chapter 38 
of such title, a full tour of duty in a joint duty assignment be 
performed after the officer completes a program of education referred to 
in paragraph (1)(A) of that section.
    ``(c) Information To Be Included in Next Annual Report.--The joint 
specialty report of the Secretary of Defense under section 667 of title 
10, United States Code, for fiscal year 1993 shall include the following 
information (which shall be shown for the Department of Defense as a 
whole and separately for the Army, Navy, Air Force, and Marine Corps):
        ``(1) The number of officers granted credit for a joint duty 
    assignment pursuant to subsection (a).
        ``(2) Of such officers, the number granted credit for a full 
    tour of duty in a joint duty assignment pursuant to subsection (a) 
    and the number granted credit for a joint duty assignment that is 
    not treated as a full tour of duty.
        ``(3) Of the officers granted credit for a joint duty assignment 
    pursuant to subsection (a), the number in each grade and each 
    occupational specialty.
    ``(d) Definitions.--For purposes of this section:
        ``(1) The term `joint matters' has the meaning given such term 
    in section 668(a) of title 10, United States Code.
        ``(2) The term `Persian Gulf combat zone' means the area 
    designated by the President as the combat zone for Operation Desert 
    Shield, Operation Desert Storm, and related operations for purposes 
    of section 112 of the Internal Revenue Code of 1986 [26 U.S.C. 112].
        ``(3) The term `joint specialty report' means that part of the 
    annual report of the Secretary of Defense submitted to Congress 
    under section 113(c) of title 10, United States Code, that is 
    included in such report pursuant to section 667 of title 10, United 
    States Code.
    ``(e) Duration of Authority.--The authority of the Secretary of 
Defense under this section expires at the end of the six-month period 
beginning on the date of the enactment of this Act [Oct. 23, 1992].''


                    Length of Joint Duty Assignments

    Section 406(e) of Pub. L. 99-433 provided that: ``Subsection (a) of 
section 664 of title 10, United States Code (as added by section 401), 
shall apply to officers assigned to joint duty assignments after the end 
of the 90-day period beginning on the date of the enactment of this Act 
[Oct. 1, 1986]. In computing an average under subsection (b) of such 
section, only joint duty assignments to which such subsection applies 
shall be considered.''


        Waiver of Qualifications for Appointment as Service Chief

    For waiver of the requirements of this section for the length of a 
joint duty assignment, see section 532(c) of Pub. L. 99-433, set out as 
a note under section 3033 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 154, 164, 619a, 661, 667, 
3033, 5033, 5043, 8033 of this title.
