10 U.S.C. § 625

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 625 - Authority to vacate promotions to grades of brigadier general and rear admiral (lower half)

(a) The President may vacate the promotion to the grade of brigadier general or rear admiral (lower half) of an officer who has served less than 18 months in that grade after promotion to that grade under this chapter.

(b) An officer of the Army, Air Force, or Marine Corps whose promotion is vacated under this section holds the regular grade of colonel, if he is a regular officer, or the reserve grade of colonel, if he is a reserve officer. An officer of the Navy whose promotion is vacated under this section holds the regular grade of captain, if he is a regular officer, or the reserve grade of captain, if he is a reserve officer.

(c) The position on the active-duty list of an officer whose promotion is vacated under this section is the position he would have held had he not been promoted to the grade of brigadier general or rear admiral (lower half).

10 U.S.C. § 625

Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2858; amended Pub. L. 97-86, title IV, §405(b)(1), (4) (A), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 99-145, title V, §514(b)(1), (4) (A), Nov. 8, 1985, 99 Stat. 628; Pub. L. 116-283, div. A, title IX, §924(b)(3)(H), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 118-31, div. A, title XVII, §1722(b)(4), Dec. 22, 2023, 137 Stat. 668.

EDITORIAL NOTES

AMENDMENTS2023-Subsec. (b). Pub. L. 118-31 substituted "or Marine Corps" for "Marine Corps, or Space Force". 2021-Subsec. (b). Pub. L. 116-283 substituted "Marine Corps, or Space Force" for "or Marine Corps". 1985- Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore" in section catchline and subsecs. (a) and (c). 1981- Pub. L. 97-86 substituted "commodore" for "commodore admiral" in section catchline and subsecs. (a) and (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

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 section 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.

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.

officer

The term "officer" means a commissioned or warrant officer.