10 U.S.C. § 628
10 U.S.C. § 628
EDITORIAL NOTES
AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-92 struck out "or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed," after "not so considered,". 2011-Subsec. (c)(2). Pub. L. 111-383 substituted "sections 576(d), 576(f), and 613a" for "sections 576(d) and 576(f)". 2006-Subsec. (a)(1). Pub. L. 109-364, §514(a)(1), inserted "from in or above the promotion zone" after "for selection for promotion".Subsec. (b)(1)(A). Pub. L. 109-364, §514(a)(2), inserted "in a matter material to the decision of the board" after "contrary to law".2001-Subsec. (a)(1). Pub. L. 107-107, §505(c)(3)(A), inserted "or the name of a person that should have been placed on an all-fully-qualified-officers list under section 624(a)(3) of this title was not so placed," after "not so considered,".Subsecs. (g) to (k). Pub. L. 107-107, §503(b), added subsecs. (g) to (j) and redesignated former subsec. (g) as (k).2000-Subsec. (c)(2). Pub. L. 106-398 substituted "sections" for "section" after "rather than the provisions of".1998-Subsec. (a). Pub. L. 105-261, §501(a)(1), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: "In the case of an officer who is eligible for promotion who the Secretary of the military department concerned determines was not considered for selection for promotion by a selection board because of administrative error, the Secretary concerned, under regulations prescribed by the Secretary of Defense, shall convene a special selection board under this subsection (composed in accordance with section 612 of this title or, in the case of a warrant officer, composed in accordance with section 573 of this title and regulations prescribed by the Secretary of the military department concerned) to determine whether such officer should be recommended for promotion."Subsec. (a)(2). Pub. L. 105-261, §501(a)(2), substituted "the person whose name was referred to it for consideration as that record" for "the officer as his record". Subsec. (a)(3). Pub. L. 105-261, §501(a)(3), substituted "a person whose name was referred to it for consideration for selection for appointment to a grade other than a general officer or flag officer grade, the person" for "an officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain whose name was referred to it for consideration, the officer".Subsec. (b). Pub. L. 105-261, §501(b)(1), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: "In the case of an officer who is eligible for promotion who was considered for selection for promotion by a selection board but was not selected, the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, may convene a special selection board under this subsection (composed in accordance with section 612 of this title or, in the case of a warrant officer, composed in accordance with section 573 of this title and regulations prescribed by the Secretary of the military department concerned) to determine whether such officer should be recommended for promotion if the Secretary concerned determines that-"(A) the action of the board which considered the officer was contrary to law or involved material error of fact or material administrative error; or"(B) the board did not have before it for its consideration material information." Subsec. (b)(2). Pub. L. 105-261, §501(b)(2), substituted "the person whose name was referred to it for consideration as that record" for "the officer as his record".Subsec. (b)(3). Pub. L. 105-261, §501(b)(3)(A), substituted "a person" for "an officer" and "the person" for "the officer".Subsec. (c). Pub. L. 105-261, §501(c)(1)(A), inserted heading.Subsec. (c)(1). Pub. L. 105-261, §501(c)(1)(B), substituted "person" for "officer" in two places.Subsec. (c)(2). Pub. L. 105-261, §501(c)(1)(C), inserted at end "However, in the case of a board convened under this section to consider a warrant officer or former warrant officer, the provisions of sections 576(d) and 576(f) of this title (rather than the provisions of section 617(b) and 618 of this title) apply to the report and proceedings of the board in the same manner as they apply to the report and proceedings of a selection board convened under section 573 of this title."Subsec. (d). Pub. L. 105-261, §501(c)(2)(A), inserted heading. Subsec. (d)(1). Pub. L. 105-261, §501(c)(2)(B) -(E), substituted "a person" for "an officer", "that person" for "such officer", and "that grade in" for "the next higher grade in" and inserted at end "However, in the case of a board convened under this section to consider a warrant officer or former warrant officer, if the report of that board, as approved by the Secretary concerned, recommends that warrant officer or former warrant officer for promotion to the next higher grade, that person shall, as soon as practicable, be appointed to the next higher grade in accordance with provisions of section 578(c) of this title (rather than subsections (b), (c), and (d) of section 624 of this title)."Subsec. (d)(2). Pub. L. 105-261, §501(c)(3), substituted "A person who is appointed" for "An officer who is promoted" and "that appointment" for "such promotion" and inserted at end "In the case of a person who is not on the active-duty list when appointed to the next higher grade, placement of that person on the active-duty list pursuant to the preceding sentence shall be only for purposes of determination of eligibility of that person for consideration for promotion by any subsequent special selection board under this section."Subsec. (e). Pub. L. 105-261, §501(d), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "The provisions of section 613 of this title apply to members of special selection boards convened under this section."Subsecs. (f), (g). Pub. L. 105-261, §501(e), added subsecs. (f) and (g).1992-Subsec. (b)(1). Pub. L. 102-484 substituted "section 573" for "section 558". 1991-Subsec. (a)(1). Pub. L. 102-190 substituted "section 573" for "section 558".1984-Subsecs. (a)(1), (b)(1). Pub. L. 98-525 substituted "(composed in accordance with section 612 of this title or, in the case of a warrant officer, composed in accordance with section 558 of this title and regulations prescribed by the Secretary of the military department concerned)" for "(composed in accordance with section 612 of this title)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. A, title V, §514(c), Oct. 17, 2006, 120 Stat. 2185, provided that: "The amendments made by this section [amending this section and section 14502 of this title] shall take effect on March 1, 2007, and shall apply with respect to selection boards convened on or after that date."
EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-107, div. A, title V, §503(c), Dec. 28, 2001, 115 Stat. 1084, provided that:"(1) Except as provided in paragraph (2), the amendments made by this section [enacting section 1558 of this title and amending this section] shall apply with respect to any proceeding pending on or after the date of the enactment of this Act [Dec. 28, 2001] without regard to whether a challenge to an action of a selection board of any of the Armed Forces being considered in the proceeding was initiated before, on, or after that date."(2) The amendments made by this section shall not apply with respect to any action commenced in a court of the United States before the date of the enactment of this Act."
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102-190, set out as a note under section 521 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.
RATIFICATION OF CODIFIED PRACTICE Pub. L. 105-261, div. A, title V, §501(f), Oct. 17, 1998, 112 Stat. 2002, provided that the consideration by a special selection board convened under this section before Oct. 17, 1998, of a person who, at the time of consideration, had been a retired officer or former officer of the Armed Forces (including a deceased retired or former officer) was ratified.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS Functions of President under subsec. (d)(1) to approve, modify, or disapprove report of a selection board 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(a), 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.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- flag officer
- The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
- general officer
- The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
- 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.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- promotion zone
- The term "promotion zone" means a promotion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category-(A) who-(i) in the case of officers in grades below colonel, for officers of the Army, Air Force, and Marine Corps, or captain, for officers of the Navy, have neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed from a list of officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); or(ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air Force, and Marine Corps, or captain or rear admiral (lower half), for officers of the Navy, have neither (I) not been recommended for promotion to the next higher grade when considered in the promotion zone, nor (II) been removed from a list of 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 officer designated by the Secretary of the military department concerned to be the junior officer in the promotion zone eligible for consideration for promotion to the next higher grade.
- rank
- The term "rank" means the order of precedence among members of the armed forces.
- warrant officer
- The term "warrant officer" means a person who holds a commission or warrant in a warrant officer grade.