dreamproit/uscode huggingface dataset:
10 U.S.C. § 627 (ARMED FORCES)
§ 627. Failure of selection for promotion
An officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain who is in or above the promotion zone established for his grade and competitive category under section 623 of this title and is considered but not selected for promotion by a selection board convened under section 611(a) of this title shall be considered to have failed of selection for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2859.)
heading: Effective Date
text: Subchapter 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.
heading: Transition Provisions Under Defense Officer Personnel Management Act
text: 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 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.
10 U.S.C. § 630 (ARMED FORCES)
§ 630. Discharge of commissioned officers with less then six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade)
The Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense—
(1) may discharge any officer on the active-duty list who—
(A) has less than six years of active commissioned service; or
(B) is serving in the grade of second lieutenant or ensign and has been found not qualified for promotion to the grade of first lieutenant or lieutenant (junior grade); and
(2) shall, unless the officer has been promoted, discharge any officer described in paragraph (1)(B) at the end of the 18-month period beginning on the date on which the officer is first found not qualified for promotion.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2861; amended Pub. L. 98–525, title XIV, § 1405(11), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 107–107, div. A, title V, § 505(d)(2), (4)(A), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 108–136, div. A, title V, § 505(b), Nov. 24, 2003, 117 Stat. 1457; Pub. L. 110–181, div. A, title V, § 503(a)(1), (2), Jan. 28, 2008, 122 Stat. 95.)
heading: Amendments
text: 2008—Pub. L. 110–181, § 503(a)(2), substituted “six years” for “five years” in section catchline.
Par. (1)(A). Pub. L. 110–181, § 503(a)(1), substituted “six years” for “five years”.
2003—Par. (2). Pub. L. 108–136 substituted “paragraph” for “clause”.
2001—Pub. L. 107–107, § 505(d)(4)(A), struck out “regular” before “commissioned officers” in section catchline.
Par. (1). Pub. L. 107–107, § 505(d)(2), struck out “regular” before “officer” in introductory provisions and before “grade of first lieutenant” in subpar. (B).
1984—Par. (2). Pub. L. 98–525 substituted “18-month” for “eighteen-month”.
10 U.S.C. § 634 (ARMED FORCES)
§ 634. Retirement for years of service: regular colonels and Navy captains
(a) 30 Years of Active Commissioned Service.—
Except as provided in subsection (b) and as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of colonel, and each officer of the Regular Navy who holds the regular grade of captain, who is not on a list of officers recommended for promotion to the regular grade of brigadier general or rear admiral (lower half), respectively, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes 30 years of active commissioned service.
(b) Exceptions.—
Subsection (a) does not apply to the following:
(1) An officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies.
(2) An officer of the Navy or Marine Corps who is a permanent professor at the United States Naval Academy.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2862; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title XIV, § 1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102–484, div. A, title V, § 504(b), Oct. 23, 1992, 106 Stat. 2403; Pub. L. 103–160, div. A, title V, § 561(e), Nov. 30, 1993, 107 Stat. 1667; Pub. L. 105–261, div. A, title V, § 504(b), Oct. 17, 1998, 112 Stat. 2004; Pub. L. 109–163, div. A, title V, § 509(a)(2), Jan. 6, 2006, 119 Stat. 3229.)
heading: Amendments
text: 2006—Pub. L. 109–163 designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b) and as provided” for “Except an officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies and except as provided”, and added subsec. (b).
1998—Pub. L. 105–261 inserted “an officer of the Navy who is designated for limited duty to whom section 6383(a)(4) of this title applies and except” after “Except” and struck out at end “During the period beginning on July 1, 1993, and ending on October 1, 1999, the preceding sentence shall not apply to an officer of the Regular Navy designated for limited duty to whom section 6383(a)(4) of this title applies.”
1993—Pub. L. 103–160 substituted “October 1, 1999” for “October 1, 1995”.
1992—Pub. L. 102–484 inserted at end “During the period beginning on July 1, 1993, and ending on October 1, 1995, the preceding sentence shall not apply to an officer of the Regular Navy designated for limited duty to whom section 6383(a)(4) of this title applies.”
1985—Pub. L. 99–145 substituted “rear admiral (lower half)” for “commodore”.
1984—Pub. L. 98–525 substituted “30” for “thirty”.
1981—Pub. L. 97–86 substituted “commodore” for “commodore admiral”.
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. § 635 (ARMED FORCES)
§ 635. Retirement for years of service: regular brigadier generals and rear admirals (lower half)
Except as provided under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of brigadier general, and each officer of the Regular Navy who holds the regular grade of rear admiral (lower half), who is not on a list of officers recommended for promotion to the regular grade of major general or rear admiral, respectively, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 30 years of active commissioned service, whichever is later.
(Added Pub. L. 96–513, title I. § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 97–86, title IV, § 405(b)(1), (5)(A), Dec. 1, 1981, 95 Stat. 1105, 1106; Pub. L. 98–525, title XIV, § 1405(13), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99–145, title V, § 514(b)(1), (5)(A), Nov. 8, 1985, 99 Stat. 628.)
heading: Amendments
text: 1985—Pub. L. 99–145 substituted “rear admirals (lower half)” for “commodores” in section catchline and “rear admiral (lower half)” for “commodore” in text.
1984—Pub. L. 98–525 substituted “30” for “thirty”.
1981—Pub. L. 97–86 substituted “commodores” for “commodore admirals” in section catchline and “commodore” for “commodore admiral” in text.
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. § 636 (ARMED FORCES)
§ 636. Retirement for years of service: regular officers in grades above brigadier general and rear admiral (lower half)
(a) Major Generals and Rear Admirals Serving in Grade.—
Except as provided in subsection (b) or (c) and under section 637(b) of this title, each officer of the Regular Army, Regular Air Force, or Regular Marine Corps who holds the regular grade of major general, and each officer of the Regular Navy who holds the regular grade of rear admiral, shall, if not earlier retired, be retired on the first day of the first month beginning after the date of the fifth anniversary of his appointment to that grade or on the first day of the month after the month in which he completes 35 years of active commissioned service, whichever is later.
(b) Lieutenant Generals and Vice Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of lieutenant general or vice admiral, the number of years of active commissioned service applicable to the officer is 38 years.
(c) Generals and Admirals.—
In the administration of subsection (a) in the case of an officer who is serving in the grade of general or admiral, the number of years of active commissioned service applicable to the officer is 40 years.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2863; amended Pub. L. 98–525, title XIV, § 1405(14), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 105–85, div. A, title V, § 506(a), (b), Nov. 18, 1997, 111 Stat. 1726.)
heading: Amendments
text: 1997—Pub. L. 105–85, § 506(b), substituted “regular officers in grades above brigadier general and rear admiral (lower half)” for “regular major generals and rear admirals” in section catchline.
Pub. L. 105–85, § 506(a), designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b) or (c) and” for “Except as provided”, and added subsecs. (b) and (c).
1984—Pub. L. 98–525 substituted “35” for “thirty-five”.
10 U.S.C. § 639 (ARMED FORCES)
§ 639. Continuation on active duty to complete disciplinary action
When any action has been commenced against an officer with a view to trying such officer by court-martial and such officer is to be separated or retired in accordance with this chapter, the Secretary of the military department concerned may delay the separation or retirement of the officer, without prejudice to such action, until the completion of the action.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2866.)
10 U.S.C. § 640 (ARMED FORCES)
§ 640. Deferment of retirement or separation for medical reasons
(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation and that such hospitalization or medical observation cannot be completed with confidence in a manner consistent with the member’s well being before the date on which the officer would otherwise be required to retire or be separated under this title, the Secretary may defer the retirement or separation of the officer under this title.
(b) A deferral of retirement or separation under subsection (a) may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2866; amended Pub. L. 107–107, div. A, title V, § 507, Dec. 28, 2001, 115 Stat. 1090.)
heading: Amendments
text: 2001—Pub. L. 107–107 amended text generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may defer the retirement or separation under this title of any officer if the evaluation of the physical condition of the officer and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which the officer would otherwise be required to retire or be separated under this title.”
10 U.S.C. § 642 (ARMED FORCES)
§ 642. Entitlement of officers discharged or retired under this chapter to separation pay or retired pay
(a) An officer who is discharged under this chapter is entitled, if eligible therefor, to separation pay under section 1174 of this title.
(b) An officer who is retired under this chapter is entitled to retired pay computed under chapter 71 of this title.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867.)
10 U.S.C. § 643 (ARMED FORCES)
§ 643. Chaplains: discharge or retirement upon loss of professional qualifications
Under regulations prescribed by the Secretary of Defense, a commissioned officer on the active-duty list of the Army, Navy, or Air Force who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired.
(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867.)
10 U.S.C. § 644 (ARMED FORCES)
[§ 644. Repealed. Pub. L. 103–337, div. A, title XVI, § 1622(b), Oct. 5, 1994, 108 Stat. 2961]
text: Section, added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867; amended Pub. L. 102–190, div. A, title XI, § 1115, Dec. 5, 1991, 105 Stat. 1503, related to authority to suspend officer personnel laws. See section 123 of this title.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
10 U.S.C. § 646 (ARMED FORCES)
§ 646. Consideration of performance as a member of the Joint Staff
The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall ensure that officer personnel policies of the Army, Navy, Air Force, and Marine Corps concerning promotion, retention, and assignment give appropriate consideration to the performance of an officer as a member of the Joint Staff.
(Added Pub. L. 98–525, title XIII, § 1301(d)(1), Oct. 19, 1984, 98 Stat. 2612.)
10 U.S.C. § 647 (ARMED FORCES)
§ 647. Force shaping authority
(a) Authority.—
The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary—
(1) discharge an officer described in subsection (b); or
(2) transfer such an officer from the active-duty list of that armed force to the reserve active-status list of a reserve component of that armed force.
(b) Covered Officers.—
(1) The authority under this section may be exercised in the case of an officer who—
(A) has completed not more than six years of service as a commissioned officer in the armed forces; or
(B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member.
(2) In this subsection, the term “minimum service obligation” means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service.
(c) Appointment of Transferred Officers.—
An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.
(d) Regulations.—
The Secretary concerned shall prescribe regulations for the exercise of the Secretary’s authority under this section.
(Added Pub. L. 108–375, div. A, title V, § 501(c)(1)(A), Oct. 28, 2004, 118 Stat. 1873; amended Pub. L. 110–181, div. A, title V, § 503(b), Jan. 28, 2008, 122 Stat. 95.)
heading: Amendments
text: 2008—Subsec. (b)(1)(A), (B). Pub. L. 110–181 substituted “six years” for “5 years”.
heading: Effective Date
text: Section 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 an Effective Date of 2004 Amendment note under section 531 of this title.
10 U.S.C. § 655 (ARMED FORCES)
§ 655. Designation of persons having interest in status of a missing member
(a) The Secretary concerned shall, upon the enlistment or appointment of a person in the armed forces, require that the person specify in writing the person or persons, if any, other than that person’s primary next of kin or immediate family, to whom information on the whereabouts and status of the member shall be provided if such whereabouts and status are investigated under chapter 76 of this title. The Secretary shall periodically, and whenever the member is deployed as part of a contingency operation or in other circumstances specified by the Secretary, require that such designation be reconfirmed, or modified, by the member.
(b) The Secretary concerned shall, upon the request of a member, permit the member to revise the person or persons specified by the member under subsection (a) at any time. Any such revision shall be in writing.
(Added Pub. L. 104–106, div. A, title V, § 569(d)(1), Feb. 10, 1996, 110 Stat. 352.)
10 U.S.C. § 656 (ARMED FORCES)
§ 656. Diversity in military leadership: plan
(a) Plan.—
The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Department of the Navy) shall develop and implement a plan to accurately measure the efforts of the Department of Defense and the Coast Guard to achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, and ethnic populations. Any metric established pursuant to this subsection may not be used in a manner that undermines the merit-based processes of the Department of Defense and the Coast Guard, including such processes for accession, retention, and promotion. Such metrics may not be combined with the identification of specific quotas based upon diversity characteristics. The Secretary concerned shall continue to account for diversified language and cultural skills among the total force of the armed forces.
(b) Metrics to Measure Progress in Developing and Implementing Plan.—
In developing and implementing the plan under subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall develop a standard set of metrics and collection procedures that are uniform across the armed forces. The metrics required by this subsection shall be designed—
(1) to accurately capture the inclusion and capability aspects of the armed forces’ broader diversity plans, including race, ethnic, and gender specific groups, as potential factors of force readiness that would supplement continued accounting by the Department of Defense and the Coast Guard of diversified language and cultural skills among the total force as part of the assessment of current and future national security needs; and
(2) to be verifiable and systematically linked to strategic plans that will drive improvements.
(c) Definition of Diversity.—
In developing and implementing the plan under subsection (a), the Secretary of Defense and the Secretary of Homeland Security shall develop a uniform definition of diversity.
(d) Consultation.—
Not less than annually, the Secretary of Defense and the Secretary of Homeland Security shall meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the armed forces to discuss the progress being made toward developing and implementing the plan established under subsection (a).
(e) Cooperation With States.—
The Secretary of Defense shall coordinate with the National Guard Bureau and States in tracking the progress of the National Guard toward developing and implementing the plan established under subsection (a).
(Added Pub. L. 112–239, div. A, title V, § 519(a)(1), Jan. 2, 2013, 126 Stat. 1720.)
10 U.S.C. § 665 (ARMED FORCES)
§ 665. Procedures for monitoring careers of joint qualified officers
(a) Procedures.—
(1) The Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff, shall establish procedures for overseeing the careers of—
(A) officers designated as a joint qualified officer; and
(B) other officers who serve in joint duty assignments.
(2) Such oversight shall include monitoring of the implementation of the career guidelines established under section 661(e) of this title.
(b) Function of Joint Staff.—
The Secretary shall take such action as necessary to enhance the capabilities of the Joint Staff so that it can—
(1) monitor the promotions and career assignments of officers designated as a joint qualified officer and of other officers who have served in joint duty assignments; and
(2) otherwise advise the Chairman on joint personnel matters.
(Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028; amended Pub. L. 110–417, [div. A], title V, § 522(c)(1), (2), Oct. 14, 2008, 122 Stat. 4445.)
heading: Amendments
text: 2008—Pub. L. 110–417 in section catchline substituted “joint qualified officers” for “joint officers” and in subsecs. (a)(1)(A) and (b)(1) substituted “designated as a joint qualified officer” for “with the joint specialty”.
heading: Transition to Joint Officer Personnel Policy
text: Procedures under subsec. (a) of this section to be established not later than the end of the eight-month period beginning Oct. 1, 1986, and provisions of subsec. (b) of this section to be implemented not later than the end of such period, see section 406(c) of Pub. L. 99–433, set out as a note under section 661 of this title.
10 U.S.C. § 666 (ARMED FORCES)
§ 666. Reserve officers not on the active-duty list
The Secretary of Defense shall establish personnel policies emphasizing education and experience in joint matters for reserve officers not on the active-duty list. Such policies shall, to the extent practicable for the reserve components, be similar to the policies provided by this chapter.
(Added Pub. L. 99–433, title IV, § 401(a), Oct. 1, 1986, 100 Stat. 1028.)
heading: Transition to Joint Officer Personnel Policy
text: Personnel policies under this section to be established not later than the end of the eight-month period beginning Oct. 1, 1986, see section 406(c) of Pub. L. 99–433, set out as a note under section 661 of this title.
10 U.S.C. § 671a (ARMED FORCES)
§ 671a. Members: service extension during war
Unless terminated at an earlier date by the Secretary concerned, the period of active service of any member of an armed force is extended for the duration of any war in which the United States may be engaged and for six months thereafter.
(Added Pub. L. 90–235, § 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753.)
10 U.S.C. § 671b (ARMED FORCES)
§ 671b. Members: service extension when Congress is not in session
(a) Notwithstanding any other provision of law, when the President determines that the national interest so requires, he may, if Congress is not in session, having adjourned sine die, authorize the Secretary of Defense to extend for not more than six months enlistments, appointments, periods of active duty, periods of active duty for training, periods of obligated service, or other military status, in any component of the armed forces, that expire before the thirtieth day after Congress next convenes or reconvenes.
(b) An extension under this section continues until the sixtieth day after Congress next convenes or reconvenes or until the expiration of the period of extension specified by the Secretary of Defense, whichever occurs earlier, unless sooner terminated by law or Executive order.
(Added Pub. L. 90–235, § 1(a)(1)(A), Jan. 2, 1968, 81 Stat. 753; amended Pub. L. 101–189, div. A, title VI, § 653(a)(3), Nov. 29, 1989, 103 Stat. 1462.)
heading: Amendments
text: 1989—Subsec. (a). Pub. L. 101–189 substituted “armed forces” for “Armed Forces of the United States”.