10 USC 624 - Promotions: how made

1 So in original.

for transfer to the reserve active-status list of the same or a different armed force, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to

Editorial Notes

Amendments

2023—Subsecs. (e), (f). Puspan. L. 118–31 added subsecs. (e) and (f).

2021—Subsec. (c). Puspan. L. 116–283, § 924(span)(3)(G), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Subsec. (d)(1)(F). Puspan. L. 116–283, § 505(a)(3)(A), added subpar. (F).

Subsec. (d)(3). Puspan. L. 116–283, § 505(a)(3)(C), added par. (3). Former par. (3) redesignated (4).

Subsec. (d)(4). Puspan. L. 116–283, § 505(a)(3)(B), (D), redesignated par. (3) as (4), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), the appointment” for “The appointment”, and added subpar. (B). Former par. (4) redesignated (5).

Subsec. (d)(5). Puspan. L. 116–283, § 505(a)(3)(B), redesignated par. (4) as (5).

2018—Subsec. (a)(1). Puspan. L. 115–232, § 504(c), inserted “or based on particular merit, as determined by the promotion board” after “active-duty list”.

Subsec. (d)(1), (2). Puspan. L. 115–232, § 809(a), substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583” in concluding provisions of par. (1) and in two places in par. (2).

2015—Subsec. (a)(3)(E). Puspan. L. 114–92 added subpar. (E).

2008—Subsec. (d)(1). Puspan. L. 110–181 amended directory language of Puspan. L. 109–364, § 511(a)(2)(D)(i). See 2006 Amendment note below.

2006—Subsec. (a)(1). Puspan. L. 109–364, § 511(d)(1), inserted at end “A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.”

Subsec. (d)(1). Puspan. L. 109–364, § 511(a)(2)(D)(ii), inserted “or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion,” after “brought against him,” in concluding provisions.

Puspan. L. 109–364, § 511(a)(2)(D)(i), as amended by Puspan. L. 110–181, struck out “or” after “chapter 60 of this title,”.

Puspan. L. 109–364, § 511(a)(1), substituted “prescribed by the Secretary of Defense” for “prescribed by the Secretary concerned” in introductory provisions.

Subsec. (d)(1)(E). Puspan. L. 109–364, § 511(a)(2)(A)–(C), added subpar. (E).

Subsec. (d)(2). Puspan. L. 109–364, § 511(a)(3), in first sentence inserted “has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or” before “is mentally, physically,” and in second sentence substituted “If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to such grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to such grade” for “If the Secretary concerned later determines that the officer is qualified for promotion to such grade”.

Puspan. L. 109–364, § 511(a)(1), substituted “prescribed by the Secretary of Defense” for “prescribed by the Secretary concerned”.

2002—Subsec. (d)(1). Puspan. L. 107–314 substituted “paragraph (2)” for “subsection (d)(2)” in concluding provisions.

2001—Subsec. (a)(3). Puspan. L. 107–107, § 505(a)(1), added par. (3).

Subsec. (c). Puspan. L. 107–107, § 505(d)(1), inserted “, in the case of officers of the Army, Air Force, or Marine Corps,” after “captain” and “, in the case of officers of the Navy,” after “(junior grade) or lieutenant”.

Subsec. (d)(1). Puspan. L. 107–107, § 505(c)(2)(A)(i), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “retained on the promotion list” in concluding provisions.

Subsec. (d)(2). Puspan. L. 107–107, § 505(c)(2)(A)(ii), inserted “shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and” after “to such grade, the officer” in second sentence.

1984—Subsec. (d)(1), (2). Puspan. 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). Puspan. L. 97–295 substituted “this subsection” for “the subsection”.

1981—Subsec. (a)(1). Puspan. L. 97–22, § 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). Puspan. L. 97–22, § 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). Puspan. L. 97–22, § 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). Puspan. L. 97–22, § 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). Puspan. L. 97–22, § 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). Puspan. L. 97–22, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 809(a) of Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 2008 Amendment

Puspan. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c) is effective Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Puspan. L. 109–364, as enacted.

Effective Date of 2006 Amendment

Puspan. L. 109–364, div. A, title V, § 511(e), Oct. 17, 2006, 120 Stat. 2184, provided that: “The amendments made by this section [amending this section and sections 14308 and 14311 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to officers on promotion lists established on or after the date of the enactment of this Act.”

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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.

Deadline for Uniform Regulations on Delay of Promotions

Puspan. L. 109–364, div. A, title V, § 511(c), Oct. 17, 2006, 120 Stat. 2183, provided that:

“(1)Deadline.—The Secretary of Defense shall prescribe the regulations required by section 624(d) of title 10, United States Code (as amended by subsection (a)(1) of this section), and the regulations required by section 14311 of such title (as amended by subsection (span)(1) of this section) not later than March 1, 2008.

“(2)Savings clause for existing regulations.—Until the Secretary of Defense prescribes regulations pursuant to paragraph (1), regulations prescribed by the Secretaries of the military departments under the sections referred to in paragraph (1) shall remain in effect.”

Executive Documents

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