If no disciplinary action is taken against the officer, if the charges against the officer are withdrawn or dismissed, if the officer is not ordered removed from active duty by the Secretary concerned under chapter 60 of this title, if the officer is acquitted of the charges brought against him, or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 7233, 8167, or 9233 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion, as the case may be, then unless action to delay an appointment has also been taken under paragraph (2) the officer shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and shall, upon promotion to the next higher grade, have the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the active-duty list as he would have had if no delay had intervened, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the active-duty list as the Secretary considers appropriate under the circumstances.
1So in original.
10 U.S.C. § 624
EDITORIAL NOTES
AMENDMENTS2023-Subsecs. (e), (f). Pub. L. 118-31 added subsecs. (e) and (f).2021-Subsec. (c). Pub. L. 116-283, §924(b)(3)(G), substituted "Marine Corps, or Space Force" for "or Marine Corps".Subsec. (d)(1)(F). Pub. L. 116-283, §505(a)(3)(A), added subpar. (F).Subsec. (d)(3). Pub. L. 116-283, §505(a)(3)(C), added par. (3). Former par. (3) redesignated (4).Subsec. (d)(4). Pub. L. 116-283, §505(a)(3)(B), (D), redesignated par. (3) as (4), designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), the appointment" for "The appointment", and added subpar. (B). Former par. (4) redesignated (5).Subsec. (d)(5). Pub. L. 116-283, §505(a)(3)(B), redesignated par. (4) as (5).2018-Subsec. (a)(1). Pub. L. 115-232, §504(c), inserted "or based on particular merit, as determined by the promotion board" after "active-duty list". Subsec. (d)(1), (2). Pub. L. 115-232, §809(a), substituted "section 7233, 8167, or 9233" for "section 3583, 5947, or 8583" in concluding provisions of par. (1) and in two places in par. (2). 2015-Subsec. (a)(3)(E). Pub. L. 114-92 added subpar. (E).2008-Subsec. (d)(1). Pub. L. 110-181 amended directory language of Pub. L. 109-364, §511(a)(2)(D)(i) . See 2006 Amendment note below.2006-Subsec. (a)(1). Pub. L. 109-364, §511(d)(1), inserted at end "A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence."Subsec. (d)(1). Pub. L. 109-364, §511(a)(2)(D) (ii), inserted "or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion," after "brought against him," in concluding provisions. Pub. L. 109-364, §511(a)(2)(D)(i), as amended by Pub. L. 110-181, struck out "or" after "chapter 60 of this title,". Pub. L. 109-364, §511(a)(1), substituted "prescribed by the Secretary of Defense" for "prescribed by the Secretary concerned" in introductory provisions.Subsec. (d)(1)(E). Pub. L. 109-364, §511(a)(2)(A) -(C), added subpar. (E). Subsec. (d)(2). Pub. L. 109-364, §511(a)(3), in first sentence inserted "has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or" before "is mentally, physically," and in second sentence substituted "If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to such grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to such grade" for "If the Secretary concerned later determines that the officer is qualified for promotion to such grade". Pub. L. 109-364, §511(a)(1), substituted "prescribed by the Secretary of Defense" for "prescribed by the Secretary concerned".2002-Subsec. (d)(1). Pub. L. 107-314 substituted "paragraph (2)" for "subsection (d)(2)" in concluding provisions.2001-Subsec. (a)(3). Pub. L. 107-107, §505(a)(1), added par. (3).Subsec. (c). Pub. L. 107-107, §505(d)(1), inserted ",in the case of officers of the Army, Air Force, or Marine Corps," after "captain" and ",in the case of officers of the Navy," after "(junior grade) or lieutenant". Subsec. (d)(1). Pub. L. 107-107, §505(c)(2)(A)(i), inserted "(including an approved all-fully-qualified-officers list, if applicable)" after "retained on the promotion list" in concluding provisions. Subsec. (d)(2). Pub. L. 107-107, §505(c)(2)(A) (ii), inserted "shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and" after "to such grade, the officer" in second sentence.1984-Subsec. (d)(1), (2). Pub. L. 98-525 inserted provision for a determination by the Secretary concerned that the officer was unqualified for promotion for any part of the delay in the officer's promotion, with the inserted provision that if the Secretary made such a determination, the Secretary could adjust such date of rank, effective date of pay and allowances, and position on the active-duty list as the Secretary considered appropriate under the circumstances. 1982-Subsec. (d)(4). Pub. L. 97-295 substituted "this subsection" for "the subsection".1981-Subsec. (a)(1). Pub. L. 97-22, §4(d)(1)(A), struck out "or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President," after "by the President,".Subsec. (a)(2). Pub. L. 97-22, §4(d)(1)(B), inserted provision that officers to be promoted to grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned. Subsec. (c). Pub. L. 97-22, §4(d)(2), substituted "under this section in the grade of first lieutenant or captain or lieutenant (junior grade) or lieutenant" for "in the grade of first lieutenant or lieutenant (junior grade) under this section".Subsec. (d)(1). Pub. L. 97-22, §4(d)(3)(A), (B), substituted "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may be delayed" for "The Secretary concerned may delay the appointment of an officer under this section" in provisions preceding subpar. (A) and, in provisions following subpar. (D), inserted "then unless action to delay an appointment has also been taken under subsection (d)(2)" after "as the case may be,". Subsec. (d)(2). Pub. L. 97-22, §4(d)(3)(C), substituted "Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may also be delayed in any case in which" for "The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that".Subsec. (d)(3). Pub. L. 97-22, §4(d)(3)(D), (E), inserted ",unless it is impracticable to give such written notice before the effective date of the appointment, in which case such written notice shall be given as soon as practicable" after "grounds for the delay" and struck out "by the Secretary" after "the action taken".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 809(a) of 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.
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-181, div. A, title X, §1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c) is effective Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L. 109-364, as enacted.
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. A, title V, §511(e), Oct. 17, 2006, 120 Stat. 2184, provided that: "The amendments made by this section [amending this section and sections 14308 and 14311 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to officers on promotion lists established on or after the date of the enactment of this Act."
EFFECTIVE DATE Section 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.
DEADLINE FOR UNIFORM REGULATIONS ON DELAY OF PROMOTIONS Pub. L. 109-364, div. A, title V, §511(c), Oct. 17, 2006, 120 Stat. 2183, provided that: "(1) DEADLINE.-The Secretary of Defense shall prescribe the regulations required by section 624(d) of title 10, United States Code (as amended by subsection (a)(1) of this section), and the regulations required by section 14311 of such title (as amended by subsection (b)(1) of this section) not later than March 1, 2008."(2) SAVINGS CLAUSE FOR EXISTING REGULATIONS.-Until the Secretary of Defense prescribes regulations pursuant to paragraph (1), regulations prescribed by the Secretaries of the military departments under the sections referred to in paragraph (1) shall remain in effect."
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS Functions of President under subsec. (c) to appoint officers in grades of first lieutenant and captain in Army, Air Force, and Marine Corps or in grades of lieutenant (junior grade) and lieutenant in Navy delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§1(c), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.
- 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.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rank
- The term "rank" means the order of precedence among members of the armed forces.