10 U.S.C. § 619

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

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

(a) TIME-IN-GRADE REQUIREMENTS.-

(1) An officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in the grade of ensign or lieutenant (junior grade) may not be promoted to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment:

(A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign.

(B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade), except that the minimum period of service in effect under this subparagraph before October 1, 2008, shall be eighteen months.

(2) Subject to paragraph (5), an officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in a grade above lieutenant (junior grade) may not be considered for selection for promotion to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment:

(A) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or of an officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander.

(B) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of colonel or brigadier general or of an officer of the Navy holding a permanent appointment in the grade of captain or rear admiral (lower half).

(3) When the needs of the service require, the Secretary of the military department concerned may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies.

(4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies.

(5) The Secretary of the military department concerned may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.

(6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment.

(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF SELECTION.-

(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as he continues on active duty in other than a retired status and is not promoted.

(2) Paragraph (1) does not apply to a regular officer who is ineligible for consideration for promotion under section 631(c) of this title or to a reserve officer who has failed of selection for promotion to the grade of captain or, in the case of an officer of the Navy, lieutenant for the second time.

(c) OFFICERS TO BE CONSIDERED BY PROMOTION BOARDS.-

(1) Each time a selection board is convened under section 611(a) of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion.

(2) The Secretary of the military department concerned-

(A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion;

(B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer is placed on the active-duty list during which the officer shall be ineligible for consideration for promotion; and

(C) may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened.

(3)

(A) The Secretary of Defense may authorize the Secretaries of the military departments to preclude from consideration by selection boards for promotion to the grade of brigadier general or rear admiral (lower half) officers in the grade of colonel or, in the case of the Navy, captain who-

(i) have been considered and not selected for promotion to the grade of brigadier general or rear admiral (lower half) by at least two selection boards; and

(ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion.

(B) If the Secretary of Defense authorizes the Secretaries of the military departments to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions:

(i) A requirement that the Secretary of a military department may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board.

(ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer.

(iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary concerned has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board.

(iv) A requirement that the Secretary convening such a preselection board shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations.

(v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary of the military department concerned, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes.

(d) CERTAIN OFFICERS NOT TO BE CONSIDERED.-A selection board convened under section 611(a) of this title may not consider for promotion to the next higher grade any of the following officers:

(1) An officer whose name is on a promotion list for that grade as a result of his selection for promotion to that grade by an earlier selection board convened under that section.

(2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President.

(3) An officer of the Marine Corps who is an officer designated for limited duty and who holds a grade above major.

(4) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 624(a)(3) of this title.

(5) An officer in the grade of captain or, in the case of the Navy, lieutenant who is not a citizen of the United States.

(6) An officer excluded under subsection (e).

(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT OF SELECTION BOARD CONSIDERATION.-

(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer's request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.

(2) The Secretary concerned may only approve a request under paragraph (1) if-

(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;

(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

10 U.S.C. § 619

Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2854; amended Pub. L. 97-22, §4(c), July 10, 1981, 95 Stat. 126; Pub. L. 97-86, title IV, §405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98-525, title V, §§525(a), (b), 529(a), Oct. 19, 1984, 98 Stat. 2524, 2525, 2526; Pub. L. 99-145, title V, §514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99-433, title IV, §404, Oct. 1, 1986, 100 Stat. 1032; Pub. L. 100-180, div. A, title XIII, §§1305(a), 1314(b)(4), Dec. 4, 1987, 101 Stat. 1173, 1175; Pub. L. 100-456, div. A, title V, §515(a)(1), (b), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 102-190, div. A, title V, §504(d), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 103-160, div. A, title IX, §931(b), (c)(1), Nov. 30, 1993, 107 Stat. 1734; Pub. L. 103-337, div. A, title X, §1070(b)(7), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105-85, div. A, title V, §503(a), Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107-107, div. A, title V, §§504, 505(c)(1)(A), Dec. 28, 2001, 115 Stat. 1085, 1087; Pub. L. 108-375, div. A, title V, §501(a)(3)(B), Oct. 28, 2004, 118 Stat. 1873; Pub. L. 109-364, div. A, title V, §506, Oct. 17, 2006, 120 Stat. 2179; Pub. L. 115-232, div. A, title V, §505(a), Aug. 13, 2018, 132 Stat. 1742; Pub. L. 116-283, div. A, title IX, §924(b)(3)(E), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 117-81, div. A, title V, §502, Dec. 27, 2021, 135 Stat. 1680; Pub. L. 118-31, div. A, title XVII, §1722(b)(3), Dec. 22, 2023, 137 Stat. 668.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (a). Pub. L. 118-31 substituted "or Marine Corps" for "Marine Corps, or Space Force" wherever appearing. 2021-Subsec. (a). Pub. L. 116-283 substituted "Marine Corps, or Space Force" for "or Marine Corps" wherever appearing. Subsec. (a)(2). Pub. L. 117-81, §502(1), substituted "paragraph (5)" for "paragraph (4)".Subsec. (a)(4) to (6). Pub. 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). Pub. L. 115-232, §505(a)(1), added par. (6). Subsec. (e). Pub. L. 115-232, §505(a)(2), added subsec. (e).2006-Subsec. (a)(1)(B). Pub. L. 109-364 substituted "October 1, 2008" for "October 1, 2005". 2004-Subsec. (d)(5). Pub. L. 108-375 added par. (5).2001-Subsec. (a). Pub. L. 107-107, §504(b)(1), inserted heading.Subsec. (a)(1)(B). Pub. 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). Pub. L. 107-107, §504(c), substituted "subparagraph (A)" for "clause (A)".Subsec. (b). Pub. L. 107-107, §504(b)(2), inserted heading.Subsec. (c). Pub. L. 107-107, §504(b)(3), inserted heading.Subsec. (d). Pub. L. 107-107, §504(b)(4), inserted heading.Subsec. (d)(4). Pub. L. 107-107, §505(c)(1)(A), added par. (4). 1997-Subsec. (d). Pub. L. 105-85, §503(a)(1), substituted "grade any of the following officers:" for "grade-" in introductory provisions.Subsec. (d)(1). Pub. L. 105-85, §503(a)(2), substituted "An officer" for "an officer" and a period for ";or". Subsec. (d)(2). Pub. L. 105-85, §503(a)(4), added par. (2). Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 105-85, §503(a)(3), redesignated par. (2) as (3) and substituted "An officer" for "an officer". 1994- Pub. L. 103-337 made technical correction to directory language of Pub. L. 103-160, §931(c)(1) . See 1993 Amendment note below. 1993- Pub. L. 103-160, §931(c)(1), as amended by Pub. L. 103-337, inserted ":time-in-grade and other requirements" in section catchline.Subsec. (e). Pub. L. 103-160, §931(b), 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). Pub. 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). Pub. L. 102-190, §504(d)(2), added par. (3).1988-Subsec. (e)(1). Pub. L. 100-456, §515(a)(1)(A), substituted "January 1, 1994" for "January 1, 1992" in second sentence.Subsec. (e)(2)(D), (E). Pub. L. 100-456, §515(b)(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). Pub. L. 100-456, §515(b)(2), substituted "paragraph (2) (other than under subparagraph (A) of that paragraph)" for "paragraph (2)(B), (2)(C), or (2)(D)".Subsec. (e)(5). Pub. L. 100-456, §515(a)(1)(B), added par. (5).1987-Subsec. (e)(1). Pub. 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). Pub. L. 100-180, §1314(b)(4), substituted "October 1, 1986," for "the date of the enactment of this subsection".1986-Subsec. (e). Pub. L. 99-433 added subsec. (e).1985-Subsecs. (a)(2)(B), (c)(2)(A)(ii). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore".1984-Subsec. (b). Pub. 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). Pub. L. 98-525, §525(b), added subpar. (D).Subsec. (d)(2). Pub. 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). Pub. L. 97-86 substituted "commodore" for "commodore admiral".Subsec. (c)(2)(A). Pub. L. 97-22, §4(c)(1), struck out "and" after "promotion;". Subsec. (c)(2)(A)(ii). Pub. L. 97-86 substituted "commodore" for "commodore admiral".Subsec. (c)(2)(B). Pub. 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). Pub. L. 97-22, §4(c)(3), added cl. (C).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. 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 Pub. L. 108-375, set out as a note under section 531 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT Pub. 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 Pub. L. 103-337, div. A, title X, §1070(b), 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, Pub. L. 103-160, as enacted.

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. 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 Pub. L. 102-190, set out as a note under section 615 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97-86, set out as a note under section 101 of this title.

EFFECTIVE DATESection effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of Pub. 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 ACTFor provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96-513 and otherwise to allow for an orderly transition to the system of officer personnel management put in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-513, set out as a note under section 611 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
active-duty list: The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
military departments: The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
officer: The term "officer" means a commissioned or warrant officer.
officers below the promotion zone: The term "officers below the promotion zone" means a group of officers on the active-duty list in the same grade and competitive category who-(A) are eligible for consideration for promotion to the next higher grade;(B) are in the same grade as the officers in the promotion zone for that competitive category; and(C) are junior to the junior officer in the promotion zone for that competitive category.
promotion zone: The term "promotion zone" means a promotion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category-(A) who-(i) in the case of officers in grades below colonel, for officers of the Army, Air Force, and Marine Corps, or captain, for officers of the Navy, have neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed from a list of officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); or(ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air Force, and Marine Corps, or captain or rear admiral (lower half), for officers of the Navy, have neither (I) not been recommended for promotion to the next higher grade when considered in the promotion zone, nor (II) been removed from a list of officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and(B) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer in the promotion zone eligible for consideration for promotion to the next higher grade.