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10 U.S.C. § 649a (ARMED FORCES)
§ 649a. Officers in designated competitive categories
(a) Authority To Designate Competitive Categories of Officers.—
Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter.
(b) Limitation on Exercise of Authority.—
The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
(1) A detailed description of officer requirements for officers within the competitive category.
(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
(3) An estimate of the size of the promotion zone for each grade within the competitive category.
(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1744.)
10 U.S.C. § 649b (ARMED FORCES)
§ 649b. Selection for promotion
(a) In General.—
Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.
(b) No Recommendation for Promotion of Officers Below Promotion Zone.—
Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).
(c) Recommendation for Officers To Be Excluded From Future Consideration for Promotion.—
In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1744.)
10 U.S.C. § 649c (ARMED FORCES)
§ 649c. Eligibility for consideration for promotion
(a) In General.—
Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.
(b) Inapplicability of Certain Time-in-grade Requirements.—
Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).
(c) Inapplicability to Officers Above and Below Promotion Zone.—
The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):
(1) The reference in paragraph (1) of that section to an officer above the promotion zone.
(2) Paragraph (2)(A) of that section.
(d) Ineligibility of Certain Officers.—
The following officers are not eligible for promotion under this subchapter:
(1) An officer described in section 619(d) of this title.
(2) An officer not included within the promotion zone.
(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.
(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1745.)
10 U.S.C. § 649d (ARMED FORCES)
§ 649d. Opportunities for consideration for promotion
(a) Specification of Number of Opportunities for Consideration for Promotion.—
In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
(b) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—
The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.
(c) Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—
The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
(d) Limitation on Number of Opportunities Specified.—
The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
(e) Effect of Certain Reduction in Number of Opportunities Specified.—
If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1745.)
10 U.S.C. § 649e (ARMED FORCES)
§ 649e. Promotions
Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1746.)
10 U.S.C. § 649f (ARMED FORCES)
§ 649f. Failure of selection for promotion
(a) In General.—
Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.
(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—
The reference in section 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(c) Special Selection Board Matters.—
The reference in section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(d) Effect of Failure of Selection.—
In the administration of this subchapter pursuant to subsection (a)—
(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and
(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1746.)
10 U.S.C. § 649g (ARMED FORCES)
§ 649g. Retirement: retirement for years of service; selective early retirement
(a) Retirement for Years of Services.—
Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.
(b) Selective Early Retirement.—
Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1747.)
10 U.S.C. § 649i (ARMED FORCES)
§ 649i. Continuation on active duty: officers in certain military specialties and career tracks
In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1748.)
10 U.S.C. § 649j (ARMED FORCES)
§ 649j. Other administrative authorities
(a) 1 In General.—
The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:
(1) Section 638b, relating to voluntary retirement incentives.
(2) Section 639, relating to continuation on active duty to complete disciplinary action.
(3) Section 640, relating to deferment of retirement or separation for medical reasons.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1748.)
10 U.S.C. § 649k (ARMED FORCES)
§ 649k. Regulations
The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provisions of this subchapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1748.)
10 U.S.C. § 715 (ARMED FORCES)
§ 715. Attending Physician to the Congress: grade
A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).
(Added Pub. L. 115–232, div. A, title V, § 508(a), Aug. 13, 2018, 132 Stat. 1749.)
heading: Prior Provisions
text: A prior section 715, act Aug. 10, 1956, ch. 1041, 70A Stat. 33, related to detail of members of regular and reserve components to assist those components prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1662(g)(2), 1691, Oct. 5, 1994, 108 Stat. 2996, 3026, effective Dec. 1, 1994. See section 12501 of this title.
10 U.S.C. § 928b (ARMED FORCES)
[§ 928b. Art. 128b]
heading: Codification
text: For text of new section 928b as enacted by Pub. L. 115–232, see Amendment of Analysis and Subchapter note set out preceding section 877 of this title.
heading: Effective Date
text: Pub. L. 115–232, div. A, title V, § 532(b), Aug. 13, 2018, 132 Stat. 1760, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2019, immediately after the coming into effect of the amendments made by the Military Justice Act of 2016 (division E of Public Law 114–328) [see Tables for classification] as provided in section 5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).”
10 U.S.C. § 1074h (ARMED FORCES)
§ 1074h. Medical and dental care: medal of honor recipients; dependents
(a) Medal of Honor Recipients.—
A former member of the armed forces who is a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if entitled to retired pay.
(b) Immediate Dependents.—
A person who is an immediate dependent of a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter may, upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if the Medal of Honor recipient were, or (if deceased) was at the time of death, entitled to retired pay.
(c) Definitions.—
In this section:
(1) The term “Medal of Honor recipient” means a person who has been awarded a medal of honor under section 7271, 8291, or 9271 of this title or section 491 of title 14.
(2) The term “immediate dependent” means a dependent described in subparagraph (A), (B), (C), or (D) of section 1072(2) of this title.
(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 706(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (c)(1). Pub. L. 115–232 substituted “section 7271, 8291, or 9271” for “section 3741, 6241, or 8741”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Pub. L. 106–398, § 1 [[div. A], title VII, § 706(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–175, provided that: “Section 1074h of title 10, United States Code, shall apply with respect to medical and dental care provided on or after the date of the enactment of this Act [Oct. 30, 2000].”
10 U.S.C. § 1074l (ARMED FORCES)
§ 1074l. Notification to Congress of hospitalization of combat wounded members
(a) Notification Required.—
The Secretary concerned shall provide notification of the hospitalization of any member of the armed forces evacuated from a theater of combat and admitted to any military medical treatment facility to the appropriate Members of Congress.
(b) Appropriate Members.—
In this section, the term “appropriate Members of Congress”, with respect to the member of the armed forces about whom notification is being made, means the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the member’s home of record or a different location as provided by the member.
(c) Consent of Member Required.—
The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.
(Added Pub. L. 110–181, div. A, title XVI, § 1617(a)(1), Jan. 28, 2008, 122 Stat. 449; amended Pub. L. 115–232, div. A, title VII, § 720, Aug. 13, 2018, 132 Stat. 1817.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–232 substituted “admitted to any military medical treatment facility” for “admitted to a military treatment facility within the United States”.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. A, title XVI, § 1617(a)(2), Jan. 28, 2008, 122 Stat. 449, provided that: “The notification requirement under section 1074l(a) of title 10, United States Code, as added by paragraph (1), shall apply beginning 60 days after the date of the enactment of this Act [Jan. 28, 2008].”
10 U.S.C. § 1134a (ARMED FORCES)
§ 1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of Honor Roll
(a) Establishment.—
There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department in which the Coast Guard is operating a roll designated as the “Army, Navy, Air Force, and Coast Guard Medal of Honor Roll”.
(b) Enrollment.—
The Secretary concerned shall enter and record on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll the name of each person who has served on active duty in the armed forces and who has been awarded a medal of honor pursuant to section 7271, 8291, or 9271 of this title or section 491 of title 14.
(c) Issuance of Enrollment Certificate.—
Each living person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be issued a certificate of enrollment on the roll.
(d) Entitlement to Special Pension; Notice to Secretary of Veterans Affairs.—
The Secretary concerned shall deliver to the Secretary of Veterans Affairs a certified copy of each certificate of enrollment issued under subsection (c). The copy of the certificate shall authorize the Secretary of Veterans Affairs to pay the special pension provided by section 1562 of title 38 to the person named in the certificate.
(Added Pub. L. 113–66, div. A, title V, § 563(a)(1), Dec. 26, 2013, 127 Stat. 767; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “section 7271, 8291, or 9271” for “section 3741, 6241, or 8741”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Effective Date
text: Pub. L. 113–66, div. A, title V, § 563(d), Dec. 26, 2013, 127 Stat. 768, provided that: “The amendments made by this section [enacting this section, amending section 1562 of Title 38, Veterans’ Benefits, and repealing sections 1560 and 1561 of Title 38] shall apply with respect to Medals of Honor awarded on or after the date of the enactment of this Act [Dec. 26, 2013].”
10 U.S.C. § 1135 (ARMED FORCES)
§ 1135. Replacement of military decorations
(a) Replacement.—
In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.
(b) Prompt Replacement Required.—
When a request for the replacement of a military decoration is received under this section or section 7277, 7281, 8303, 9277, or 9281 of this title, the Secretary concerned shall ensure that—
(1) all actions to be taken with respect to the request, including verification of the service record of the recipient of the military decoration, are completed within one year; and
(2) the replacement military decoration is mailed to the person requesting the replacement military decoration within 90 days after verification of the service record.
(c) Military Decoration Defined.—
In this section, the term “decoration” means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.
(Added Pub. L. 110–417, [div. A], title V, § 571(a), Oct. 14, 2008, 122 Stat. 4471; amended Pub. L. 113–66, div. A, title V, § 564, Dec. 26, 2013, 127 Stat. 768; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “section 7277, 7281, 8303, 9277, or 9281” for “section 3747, 3751, 6253, 8747, or 8751” in introductory provisions.
2013—Subsecs. (b), (c). Pub. L. 113–66 added subsec. (b) and redesignated former subsec. (b) as (c).
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 1143a (ARMED FORCES)
[§ 1143a. Repealed. Pub. L. 115–232, div. A, title V, § 553(a)(1), Aug. 13, 2018, 132 Stat. 1772]
text: Section, added Pub. L. 102–484, div. D, title XLIV, § 4462(a)(1), Oct. 23, 1992, 106 Stat. 2738; amended Pub. L. 103–337, div. A, title V, § 542(a)(3), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(14), Jan. 2, 2013, 126 Stat. 1952, related to encouraging members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty.
heading: Increased Early Retirement Retired Pay for Public or Community Service
text: Pub. L. 102–484, div. D, title XLIV, § 4464, Oct. 23, 1992, 106 Stat. 2741, which related to increased early retirement retired pay for public or community service, was repealed by Pub. L. 115–232, div. A, title V, § 553(c), Aug. 13, 2018, 132 Stat. 1772, applicable with respect to an individual who retires from the Armed Forces on or after Aug. 13, 2018.
10 U.S.C. § 1155 (ARMED FORCES)
§ 1155. Statement of benefits
(a) Before Separation.—
Not later than 30 days before a member retires, is released, is discharged, or otherwise separates from the armed forces (or as soon as is practicable in the case of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to which that member may be entitled under laws administered by—
(1) the Secretary of Defense; and
(2) the Secretary of Veterans Affairs.
(b) Statement for Reserves.—
The Secretary concerned shall provide a member of a reserve component with a current assessment of benefits described in subsection (a) upon release of that member from active duty.
(Added Pub. L. 115–232, div. A, title V, § 522(a), Aug. 13, 2018, 132 Stat. 1756.)