10 USC 619 - Eligibility for consideration for promotion: time-in-grade and other requirements

Editorial Notes

Amendments

2023—Subsec. (a). Puspan. L. 118–31 substituted “or Marine Corps” for “Marine Corps, or Space Force” wherever appearing.

2021—Subsec. (a). Puspan. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps” wherever appearing.

Subsec. (a)(2). Puspan. L. 117–81, § 502(1), substituted “paragraph (5)” for “paragraph (4)”.

Subsec. (a)(4) to (6). Puspan. L. 117–81, § 502(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

2018—Subsec. (d)(6). Puspan. L. 115–232, § 505(a)(1), added par. (6).

Subsec. (e). Puspan. L. 115–232, § 505(a)(2), added subsec. (e).

2006—Subsec. (a)(1)(B). Puspan. L. 109–364 substituted “October 1, 2008” for “October 1, 2005”.

2004—Subsec. (d)(5). Puspan. L. 108–375 added par. (5).

2001—Subsec. (a). Puspan. L. 107–107, § 504(span)(1), inserted heading.

Subsec. (a)(1)(B). Puspan. L. 107–107, § 504(a), inserted “, except that the minimum period of service in effect under this subparagraph before October 1, 2005, shall be eighteen months” before period at end.

Subsec. (a)(4). Puspan. L. 107–107, § 504(c), substituted “subparagraph (A)” for “clause (A)”.

Subsec. (span). Puspan. L. 107–107, § 504(span)(2), inserted heading.

Subsec. (c). Puspan. L. 107–107, § 504(span)(3), inserted heading.

Subsec. (d). Puspan. L. 107–107, § 504(span)(4), inserted heading.

Subsec. (d)(4). Puspan. L. 107–107, § 505(c)(1)(A), added par. (4).

1997—Subsec. (d). Puspan. L. 105–85, § 503(a)(1), substituted “grade any of the following officers:” for “grade—” in introductory provisions.

Subsec. (d)(1). Puspan. L. 105–85, § 503(a)(2), substituted “An officer” for “an officer” and a period for “; or”.

Subsec. (d)(2). Puspan. L. 105–85, § 503(a)(4), added par. (2). Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 105–85, § 503(a)(3), redesignated par. (2) as (3) and substituted “An officer” for “an officer”.

1994—Puspan. L. 103–337 made technical correction to directory language of Puspan. L. 103–160, § 931(c)(1). See 1993 Amendment note below.

1993—Puspan. L. 103–160, § 931(c)(1), as amended by Puspan. L. 103–337, inserted “: time-in-grade and other requirements” in section catchline.

Subsec. (e). Puspan. L. 103–160, § 931(span), 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). Puspan. L. 102–190, § 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). Puspan. L. 102–190, § 504(d)(2), added par. (3).

1988—Subsec. (e)(1). Puspan. L. 100–456, § 515(a)(1)(A), substituted “January 1, 1994” for “January 1, 1992” in second sentence.

Subsec. (e)(2)(D), (E). Puspan. L. 100–456, § 515(span)(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). Puspan. L. 100–456, § 515(span)(2), substituted “paragraph (2) (other than under subparagraph (A) of that paragraph)” for “paragraph (2)(B), (2)(C), or (2)(D)”.

Subsec. (e)(5). Puspan. L. 100–456, § 515(a)(1)(B), added par. (5).

1987—Subsec. (e)(1). Puspan. L. 100–180, § 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). Puspan. L. 100–180, § 1314(span)(4), substituted “October 1, 1986,” for “the date of the enactment of this subsection”.

1986—Subsec. (e). Puspan. L. 99–433 added subsec. (e).

1985—Subsecs. (a)(2)(B), (c)(2)(A)(ii). Puspan. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.

1984—Subsec. (span). Puspan. L. 98–525, § 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). Puspan. L. 98–525, § 525(span), added subpar. (D).

Subsec. (d)(2). Puspan. L. 98–525, § 529(a), struck out “Navy or” before “Marine Corps” and struck out “lieutenant commander or” before “major”.

1981—Subsec. (a)(2)(B). Puspan. L. 97–86 substituted “commodore” for “commodore admiral”.

Subsec. (c)(2)(A). Puspan. L. 97–22, § 4(c)(1), struck out “and” after “promotion;”.

Subsec. (c)(2)(A)(ii). Puspan. L. 97–86 substituted “commodore” for “commodore admiral”.

Subsec. (c)(2)(B). Puspan. L. 97–22, § 4(c)(2), substituted “for the purposes of clause (A); and” for the period at end of cl. (B).

Subsec. (c)(2)(C). Puspan. L. 97–22, § 4(c)(3), added cl. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Amendment by Puspan. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Puspan. L. 108–375, set out as a note under section 531 of this title.

Effective Date of 1997 Amendment

Puspan. L. 105–85, div. A, title V, § 503(d), Nov. 18, 1997, 111 Stat. 1725, 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

Puspan. L. 103–337, div. A, title X, § 1070(span), Oct. 5, 1994, 108 Stat. 2856, 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, Puspan. L. 103–160, as enacted.

Effective Date of 1991 Amendment

Amendment by Puspan. 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 Puspan. L. 102–190, set out as a note under section 615 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Puspan. L. 97–86, set out as a note under section 101 of this title.

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of Puspan. 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 Puspan. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Puspan. L. 96–513, see section 601 et seq. of Puspan. L. 96–513, set out as a note under section 611 of this title.