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10 U.S.C. § 578 (ARMED FORCES)
§ 578. Promotions: how made; effective date
(a) When the report of a selection board convened under this chapter is approved by the Secretary concerned, the Secretary shall place the names of the warrant officers approved for promotion on a single promotion list for each grade (or grade and competitive category), in the order of the seniority of such officers on the warrant officer active-duty list.
(b) Promotions of warrant officers on the warrant officer promotion list shall be made when, in accordance with regulations issued by the Secretary concerned, additional warrant officers in that grade (or grade and competitive category), are needed.
(c) A regular warrant officer who is promoted is appointed in the regular grade to which promoted, and a reserve warrant officer who is promoted is appointed in the reserve grade to which promoted. The date of appointment in that grade and date of rank shall be prescribed by the Secretary concerned. A warrant officer is entitled to the pay and allowances for the grade to which appointed from the date specified in the appointment order.
(d) Promotions shall be made in the order in which the names of warrant officers appear on the promotion list and after warrant officers previously selected for promotion in the applicable grade (or grade and competitive category) have been promoted.
(e) A warrant officer who is appointed to a higher grade under this section is considered to have accepted such appointment on the date on which the appointment is made unless the officer expressly declines the appointment.
(f) A warrant officer who has served continuously as an officer since subscribing to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this section.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1497; amended Pub. L. 102–484, div. A, title X, § 1052(4), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 501(c), Oct. 5, 1994, 108 Stat. 2748.)
heading: Amendments
text: 1994—Subsecs. (e), (f). Pub. L. 103–337 added subsecs. (e) and (f).
1992—Pub. L. 102–484 substituted “Promotions:” for “Promotions;” in section catchline.
10 U.S.C. § 579 (ARMED FORCES)
§ 579. Removal from a promotion list
(a) The name of a warrant officer recommended for promotion by a selection board convened under this chapter may be removed from the report of the selection board by the President.
(b) The Secretary concerned may remove the name of a warrant officer who is on a promotion list as a result of being recommended for promotion by a selection board convened under this chapter at any time before the promotion is effective.
(c) An officer whose name is removed from the list of officers recommended for promotion by a selection board continues to be eligible for consideration for promotion.
(d) If the next selection board that considers the warrant officer for promotion under this chapter selects the warrant officer for promotion and the warrant officer is promoted, the Secretary concerned may, upon his promotion, grant him the same effective date for pay and allowances and the same date of rank, and the same position on the warrant officer active-duty list as the warrant officer would have had if his name had not been so removed.
(e) If the next selection board does not select the warrant officer for promotion, or if his name is again removed under subsection (a) from the list of officers recommended for promotion by the selection board or under subsection (b) from the warrant officer promotion list, he shall be treated for all purposes as if he has twice failed of selection for promotion.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1497.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 562 of this title prior to repeal by Pub. L. 102–190, § 1112(a).
10 U.S.C. § 582 (ARMED FORCES)
§ 582. Warrant officer active-duty list: exclusions
Warrant officers in the following categories are not subject to this chapter:
(1) Reserve warrant officers—
(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title; or
(B) on full-time National Guard duty.
(2) Retired warrant officers on active duty (other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date).
(3) Students enrolled in the Army Physician’s Assistant Program.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1500; amended Pub. L. 103–337, div. A, title V, § 501(d), Oct. 5, 1994, 108 Stat. 2748; Pub. L. 104–106, div. A, title XV, § 1501(c)(5), Feb. 10, 1996, 110 Stat. 498; Pub. L. 108–375, div. A, title IV, § 416(i), Oct. 28, 2004, 118 Stat. 1869.)
heading: Amendments
text: 2004—Par. (1). Pub. L. 108–375 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Reserve warrant officers—
“(A) on active duty for training;
“(B) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve components;
“(C) on active duty to pursue special work;
“(D) ordered to active duty under section 12304 of this title; or
“(E) on full-time National Guard duty.”
1996—Par. (1)(B). Pub. L. 104–106 substituted “section 12301(d)” for “section 672(d)”.
Par. (1)(D). Pub. L. 104–106 substituted “section 12304” for “section 673b”.
1994—Par. (2). Pub. L. 103–337 inserted before period at end “(other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date)”.
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
10 U.S.C. § 583 (ARMED FORCES)
§ 583. Definitions
In this chapter:
(1) The term “promotion zone” means a promotion eligibility category consisting of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) in the case of grades below chief warrant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant 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 warrant officer designated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade.
(2) The term “warrant officers above the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or 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 warrant officers in the promotion zone; and
(C) are senior to the senior warrant officer in the promotion zone.
(3) The term “warrant officers below the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or 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 warrant officers in the promotion zone; and
(C) are junior to the junior warrant officer in the promotion zone.
(4) The active-duty list referred to in section 573(b) of this title includes the active-duty promotion list established by section 41a of title 14.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1501; amended Pub. L. 103–337, div. A, title V, § 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.)
heading: Amendments
text: 1994—Par. (4). Pub. L. 103–337 added par. (4).
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–337 effective on the first day of the fourth month beginning after Oct. 5, 1994, see section 541(h) of Pub. L. 103–337, set out as a note under section 571 of this title.
10 U.S.C. § 591 (ARMED FORCES)
§ 591. Reference to chapters 1205 and 1207
Provisions of law relating to appointments of reserve officers other than warrant officers are set forth in chapter 1205 of this title (beginning with section 12201). Provisions of law relating to appointments and promotion of reserve warrant officers are set forth in chapter 1207 (beginning with section 12241).
(Added Pub. L. 103–337, div. A, title XVI, § 1662(d)(3), Oct. 5, 1994, 108 Stat. 2991.)
heading: Prior Provisions
text: Prior sections 591 to 594, 595, and 596 were renumbered sections 12201 to 12204, 12208, and 12205 of this title, respectively.
Another prior section 596, act Aug. 10, 1956, ch. 1041, 70A Stat. 25, related to promotion of officers in the Reserve components, prior to repeal by Pub. L. 85–861, § 36B(2), Sept. 2, 1958, 72 Stat. 1570.
Prior sections 596a, 596b, 597 to 599, 600, and 600a were renumbered sections 12206, 12207, 12241 to 12243, 12209, and 12210 of this title, respectively.
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 602 (ARMED FORCES)
[§ 602. Repealed. Pub. L. 102–190, div. A, title XI, § 1113(a), Dec. 5, 1991, 105 Stat. 1502]
text: Section, Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2849, related to temporary promotions of warrant officers.
heading: Effective Date of Repeal
text: Repeal effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amendment note under section 521 of this title.
10 U.S.C. § 604 (ARMED FORCES)
§ 604. Senior joint officer positions: recommendations to the Secretary of Defense
(a) Joint 4-Star Officer Positions.—
(1) Whenever a vacancy occurs, or is anticipated to occur, in a position specified in subsection (b)—
(A) the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army officer, the Secretary of the Navy to submit the name of at least one Navy officer and the name of at least one Marine Corps officer, and the Secretary of the Air Force to submit the name of at least one Air Force officer for consideration by the Secretary for recommendation to the President for appointment to that position; and
(B) the Chairman of the Joint Chiefs of Staff may submit to the Secretary of Defense the name of one or more officers (in addition to the officers whose names are submitted pursuant to subparagraph (A)) for consideration by the Secretary for recommendation to the President for appointment to that position.
(2) Whenever the Secretaries of the military departments are required to submit the names of officers under paragraph (1)(A), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that paragraph (and of any officer whose name the Chairman submits to the Secretary under paragraph (1)(B) for consideration for the same vacancy). The Chairman’s evaluation shall primarily consider the performance of the officer as a member of the Joint Staff and in other joint duty assignments, but may include consideration of other aspects of the officer’s performance as the Chairman considers appropriate.
(b) Covered Positions.—
Subsection (a) applies to the following positions:
(1) Commander of a combatant command.
(2) Commander, United States Forces, Korea.
(3) Deputy commander, United States European Command, but only if the commander of that command is also the Supreme Allied Commander, Europe.
(Added Pub. L. 103–337, div. A, title IV, § 405(c)(1), Oct. 5, 1994, 108 Stat. 2745; amended Pub. L. 104–201, div. A, title IV, § 404(a), Sept. 23, 1996, 110 Stat. 2506; Pub. L. 106–65, div. A, title V, § 509(a), Oct. 5, 1999, 113 Stat. 592; Pub. L. 107–314, div. A, title IV, § 405(a), Dec. 2, 2002, 116 Stat. 2526; Pub. L. 108–136, div. A, title V, § 504(a), Nov. 24, 2003, 117 Stat. 1456.)
heading: Amendments
text: 2003—Subsec. (c). Pub. L. 108–136 struck out heading and text of subsec. (c). Text read as follows: “This section shall cease to be effective at the end of December 31, 2004.”
2002—Subsec. (c). Pub. L. 107–314 substituted “December 31, 2004” for “September 30, 2003”.
1999—Subsec. (c). Pub. L. 106–65 substituted “September 30, 2003” for “September 30, 2000”.
1996—Subsec. (c). Pub. L. 104–201 substituted “September 30, 2000” for “September 30, 1997”.
10 U.S.C. § 613 (ARMED FORCES)
§ 613. Oath of members of selection boards
Each member of a selection board shall swear that he will perform his duties as a member of the board without prejudice or partiality and having in view both the special fitness of officers and the efficiency of his armed force.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2851.)
10 U.S.C. § 613a (ARMED FORCES)
§ 613a. Nondisclosure of board proceedings
(a) Prohibition on Disclosure.—
The proceedings of a selection board convened under section 573, 611, or 628 of this title may not be disclosed to any person not a member of the board, except as authorized or required to process the report of the board. This prohibition is a statutory exemption from disclosure, as described in section 552(b)(3) of title 5.
(b) Prohibited Uses of Board Discussions, Deliberations, Notes, and Records.—
The discussions and deliberations of a selection board described in subsection (a) and any written or documentary record of such discussions and deliberations—
(1) are immune from legal process;
(2) may not be admitted as evidence; and
(3) may not be used for any purpose in any action, suit, or judicial or administrative proceeding without the consent of the Secretary of the military department concerned.
(c) Applicability.—
This section applies to all selection boards convened under section 573, 611, or 628 of this title, regardless of the date on which the board was convened.
(Added Pub. L. 109–364, div. A, title V, § 547(a)(1), Oct. 17, 2006, 120 Stat. 2215; amended Pub. L. 111–383, div. A, title V, § 503(a), Jan. 7, 2011, 124 Stat. 4207.)
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 111–383, § 503(a)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “The proceedings of a selection board convened under section 611 this title may not be disclosed to any person not a member of the board.”
Subsec. (b). Pub. L. 111–383, § 503(a)(2), substituted “Notes, and Records” for “and Records” in heading.
Subsec. (c). Pub. L. 111–383, § 503(a)(3), added subsec. (c).
heading: Effective Date
text: Pub. L. 109–364, div. A, title V, § 547(c), Oct. 17, 2006, 120 Stat. 2216, provided that: “Section 613a of title 10, United States Code, as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that title, including selection boards convened before the date of the enactment of this Act [Oct. 17, 2006]. Section 14104 of such title, as amended by subsection (b), shall apply with respect to the proceedings of all selection boards convened under section 14101 of that title, including selection boards convened before the date of the enactment of this Act.”
10 U.S.C. § 614 (ARMED FORCES)
§ 614. Notice of convening of selection boards
(a) At least 30 days before a selection board is convened under section 611(a) of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary concerned (1) shall notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification, or (2) shall issue a general written notice to the armed force concerned regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification.
(b) An officer eligible for consideration by a selection board convened under section 611(a) of this title may send a written communication to the board, to arrive not later than the day before the date the board convenes, calling attention to any matter concerning himself that the officer considers important to his case. The selection board shall give consideration to any timely communication under this subsection.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2852; amended Pub. L. 97–22, § 4(b), July 10, 1981, 95 Stat. 126; Pub. L. 102–190, div. A, title V, § 504(a)(2)(A), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 109–163, div. A, title V, § 505(a), Jan. 6, 2006, 119 Stat. 3227.)
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–163 inserted “the day before” after “not later than” in first sentence.
1991—Pub. L. 102–190 struck out “; communications with boards” after “selection boards” in section catchline.
1981—Subsec. (a). Pub. L. 97–22 substituted “which shall include the convening date of the board” for “, the names of the officers eligible for consideration by the board as of the date of the notification, the convening date of the board,”.
heading: Effective Date of 2006 Amendment
text: Pub. L. 109–163, div. A, title V, § 505(c), Jan. 6, 2006, 119 Stat. 3227, provided that: “The amendments made by this section [amending this section and section 14106 of this title] shall take effect on March 1, 2006, and shall apply with respect to selection boards convened on or after that date.”
heading: Effective Date of 1991 Amendment
text: 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.
10 U.S.C. § 621 (ARMED FORCES)
§ 621. Competitive categories for promotion
Under regulations prescribed by the Secretary of Defense, the Secretary of each military department shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.)
10 U.S.C. § 622 (ARMED FORCES)
§ 622. Numbers to be recommended for promotion
Before convening a selection board under section 611(a) of this title for any grade and competitive category, the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, shall determine (1) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, and (3) the number of officers authorized by the Secretary of the military department concerned to serve on active duty in the grade and competitive category under consideration. Based on such determinations, the Secretary of the military department concerned shall determine the maximum number of officers in such competitive category which the selection board may recommend for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.)
10 U.S.C. § 623 (ARMED FORCES)
§ 623. Establishment of promotion zones
(a) Before convening a selection board under section 611(a) of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.
(b) The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of—
(1) the number of officers needed in that competitive category in the next higher grade in each of the next five years;
(2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years;
(3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and
(4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.)
10 U.S.C. § 625 (ARMED FORCES)
§ 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).
(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.)
heading: Amendments
text: 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).
heading: Effective Date of 1981 Amendment
text: 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.
10 U.S.C. § 626 (ARMED FORCES)
§ 626. Acceptance of promotions; oath of office
(a) An officer who is appointed to a higher grade under section 624 of this title is considered to have accepted such appointment on the date on which the appointment is made unless he expressly declines the appointment.
(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 624 of this title.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2858.)