10 U.S.C. § 645

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 645 - Definitions

In this chapter:

(1) 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.
(2) The term "officers above the promotion zone" means a group of officers on an active-duty list in 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 those officers in the promotion zone for that competitive category; and
(C) are senior to the senior officer in the promotion zone for that competitive category.
(3) The term "officers below the promotion zone" means a group of officers on the active-duty list in 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 the officers in the promotion zone for that competitive category; and
(C) are junior to the junior officer in the promotion zone for that competitive category.

10 U.S.C. § 645

Added Pub. L. 96-513, title I, §105, Dec. 12, 1980, 94 Stat. 2867; amended Pub. L. 97-86, title IV, §405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98-525, title V, §533(a), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 99-145, title V, §514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102-25, §701(i)(1), Apr. 6, 1991, 105 Stat. 115.

EDITORIAL NOTES

AMENDMENTS1991-Pars. (1) to (3). Pub. L. 102-25 inserted "The term" after par. designations and lowercased initial letter of quoted phrases.1985-Par. (1)(A)(ii). Pub. L. 99-145 substituted "rear admiral (lower half)" for "commodore". 1984-Par. (1)(A)(i)(II), (ii)(II). Pub. L. 98-525, §533(a)(1), inserted "(other than after having been placed on that list after a selection from below the promotion zone)".Par. (1)(B). Pub. L. 98-525, §533(a)(2), inserted "in the promotion zone" after "the junior officer" and struck out "in the promotion zone" after "higher grade".1981-Par. (1)(A)(ii). Pub. L. 97-86 substituted "commodore" for "commodore admiral".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1981 AMENDMENT 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.

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.

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.
officer
The term "officer" means a commissioned or warrant officer.