§ 649c - Eligibility for consideration for promotion

CHAPTER 36— PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › SUBCHAPTER VI— ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES

(a) 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) Paragraphs (2) through (4) [Fn: See References in Text note below.] of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).

(c) The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):

(c)(1) The reference in paragraph (1) of that section to an officer above the promotion zone.

(c)(2) Paragraph (2)(A) of that section.

(d) Section 645(1)(A)(i)(I) of this title shall not apply to the promotion of officers described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to section 649d of this title.

(e) The following officers are not eligible for promotion under this subchapter:

(e)(1) An officer described in section 619(d) of this title.

(e)(2) An officer not included within the promotion zone.

(e)(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.

(e)(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.

Notes

Editorial Notes

References in Text

Paragraph (4) of section 619(a) of this title, referred to in subsec. (b), was redesignated paragraph (5) of section 619(a) of this title by Pub. L. 117–81, div. A, title V, § 502(2), Dec. 27, 2021, 135 Stat. 1680.

Amendments

2021—Subsecs. (d), (e). Pub. L. 116–283 added subsec. (d) and redesignated former subsec. (d) as (e).