Page 403 TITLE 10—ARMED FORCES § 624 § 624. Promotions: how made (2) The date of rank of an officer appointed to a higher grade under this section is determined (a)(1) When the report of a selection board con- under section 741(d) of this title. vened under section 611(a) of this title is ap- (c) Appointments under this section shall be proved by the President, the Secretary of the made by the President, by and with the advice military department concerned shall place the and consent of the Senate, except that appoint- names of all officers approved for promotion ments under this section in the grade of first within a competitive category on a single list lieutenant or captain, in the case of officers of for that competitive category, to be known as a the Army, Air Force, or Marine Corps, or lieu- promotion list, in the order of the seniority of tenant (junior grade) or lieutenant, in the case such officers on the active-duty list. A pro- of officers of the Navy, shall be made by the motion list is considered to be established under President alone. this section as of the date of the approval of the (d)(1) Under regulations prescribed by the Sec- report of the selection board under the preced- retary of Defense, the appointment of an officer ing sentence. under this section may be delayed if— (2) Except as provided in subsection (d), offi- (A) sworn charges against the officer have cers on a promotion list for a competitive cat- been received by an officer exercising general egory shall be promoted to the next higher court-martial jurisdiction over the officer and grade when additional officers in that grade and such charges have not been disposed of; competitive category are needed. Promotions (B) an investigation is being conducted to shall be made in the order in which the names of determine whether disciplinary action of any officers appear on the promotion list and after kind should be brought against the officer; officers previously selected for promotion in (C) a board of officers has been convened that competitive category have been promoted. under chapter 60 of this title to review the Officers to be promoted to the grade of first lieu- record of the officer; tenant or lieutenant (junior grade) shall be pro- (D) a criminal proceeding in a Federal or moted in accordance with regulations prescribed State court is pending against the officer; or by the Secretary concerned. (E) substantiated adverse information about (3)(A) Except as provided in subsection (d), of- the officer that is material to the decision to ficers on the active-duty list in the grade of first appoint the officer is under review by the Sec- lieutenant or, in the case of the Navy, lieuten- retary of Defense or the Secretary concerned. ant (junior grade) who are on an approved all- fully-qualified-officers list shall be promoted to If no disciplinary action is taken against the of- the next higher grade in accordance with regula- ficer, if the charges against the officer are with- tions prescribed by the Secretary concerned. drawn or dismissed, if the officer is not ordered (B) An all-fully-qualified-officers list shall be removed from active duty by the Secretary con- considered to be approved for purposes of sub- cerned under chapter 60 of this title, if the offi- paragraph (A) when the list is approved by the cer is acquitted of the charges brought against President. When so approved, such a list shall be him, or if, after a review of substantiated ad- treated in the same manner as a promotion list verse information about the officer regarding under this chapter. the requirement for exemplary conduct set forth (C) The Secretary of a military department in section 3583, 5947, or 8583 of this title, as appli- may make a recommendation to the President cable, the officer is determined to be among the for approval of an all-fully-qualified-officers list officers best qualified for promotion, as the case only when the Secretary determines that all of- may be, then unless action to delay an appoint- ficers on the list are needed in the next higher ment has also been taken under paragraph (2) grade to accomplish mission objectives. the officer shall be retained on the promotion (D) For purposes of this paragraph, an all- list (including an approved all-fully-qualified-of- fully-qualified-officers list is a list of all officers ficers list, if applicable) and shall, upon pro- on the active-duty list in a grade who the Sec- motion to the next higher grade, have the same retary of the military department concerned de- date of rank, the same effective date for the pay termines— and allowances of the grade to which promoted, (i) are fully qualified for promotion to the and the same position on the active-duty list as next higher grade; and he would have had if no delay had intervened, (ii) would be eligible for consideration for unless the Secretary concerned determines that promotion to the next higher grade by a selec- the officer was unqualified for promotion for tion board convened under section 611(a) of any part of the delay. If the Secretary makes this title upon the convening of such a board. such a determination, the Secretary may adjust (E) If the Secretary of the military depart- such date of rank, effective date of pay and al- ment concerned determines that one or more of- lowances, and position on the active-duty list as ficers or former officers were not placed on an the Secretary considers appropriate under the all-fully-qualified-list under this paragraph be- circumstances. cause of administrative error, the Secretary (2) Under regulations prescribed by the Sec- may prepare a supplemental all-fully-qualified- retary of Defense, the appointment of an officer officers list containing the names of any such under this section may also be delayed in any officers for approval in accordance with this case in which there is cause to believe that the paragraph. officer has not met the requirement for exem- (b)(1) A regular officer who is promoted under plary conduct set forth in section 3583, 5947, or this section is appointed in the regular grade to 8583 of this title, as applicable, or is mentally, which promoted and a reserve officer who is pro- physically, morally, or professionally unquali- moted under this section is appointed in the re- fied to perform the duties of the grade for which serve grade to which promoted. he was selected for promotion. If it is later de- § 624 TITLE 10—ARMED FORCES Page 404 termined by a civilian official of the Depart- 2006—Subsec. (a)(1). Pub. L. 109–364, § 511(d)(1), in- ment of Defense (not below the level of Sec- serted at end ‘‘A promotion list is considered to be es- retary of a military department) that the officer tablished under this section as of the date of the ap- is qualified for promotion to such grade and, proval of the report of the selection board under the preceding sentence.’’ after a review of adverse information regarding Subsec. (d)(1). Pub. L. 109–364, § 511(a)(2)(D)(ii), in- the requirement for exemplary conduct set forth serted ‘‘or if, after a review of substantiated adverse in- in section 3583, 5947, or 8583 of this title, as appli- formation about the officer regarding the requirement cable, the officer is determined to be among the for exemplary conduct set forth in section 3583, 5947, or officers best qualified for promotion to such 8583 of this title, as applicable, the officer is deter- grade, the officer shall be retained on the pro- mined to be among the officers best qualified for pro- motion list (including an approved all-fully- motion,’’ after ‘‘brought against him,’’ in concluding qualified-officers list, if applicable) and shall, provisions. Pub. L. 109–364, § 511(a)(2)(D)(i), as amended by Pub. L. upon such promotion, have the same date of 110–181, struck out ‘‘or’’ after ‘‘chapter 60 of this title,’’. rank, the same effective date for pay and allow- Pub. L. 109–364, § 511(a)(1), substituted ‘‘prescribed by ances in the higher grade to which appointed, the Secretary of Defense’’ for ‘‘prescribed by the Sec- and the same position on the active-duty list as retary concerned’’ in introductory provisions. he would have had if no delay had intervened, Subsec. (d)(1)(E). Pub. L. 109–364, § 511(a)(2)(A)–(C), unless the Secretary concerned determines that added subpar. (E). the officer was unqualified for promotion for Subsec. (d)(2). Pub. L. 109–364, § 511(a)(3), in first sen- any part of the delay. If the Secretary makes tence inserted ‘‘has not met the requirement for exem- plary conduct set forth in section 3583, 5947, or 8583 of such a determination, the Secretary may adjust this title, as applicable, or’’ before ‘‘is mentally, phys- such date of rank, effective date of pay and al- ically,’’ and in second sentence substituted ‘‘If it is lowances, and position on the active-duty list as later determined by a civilian official of the Depart- the Secretary considers appropriate under the ment of Defense (not below the level of Secretary of a circumstances. military department) that the officer is qualified for (3) The appointment of an officer may not be promotion to such grade and, after a review of adverse delayed under this subsection unless the officer information regarding the requirement for exemplary has been given written notice of the grounds for conduct set forth in section 3583, 5947, or 8583 of this the delay, unless it is impracticable to give such title, as applicable, the officer is determined to be written notice before the effective date of the among the officers best qualified for promotion to such grade’’ for ‘‘If the Secretary concerned later deter- appointment, in which case such written notice mines that the officer is qualified for promotion to shall be given as soon as practicable.