--- kind: "section" citation: "10 U.S.C. § 605" title: "10" title_heading: "Armed Forces" number: "605" heading: "Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/605" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 35 — Temporary Appointments in Officer Grades" --- # §605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant - (a) **In General.—** An [officer](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant (junior [grade](/usc/10/101.md?p=b-7)), lieutenant, lieutenant commander, or commander in the Navy, who is described in [subsection (b)](#b) may be temporarily promoted to the [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate. - (b) **Covered Officers.—** An [officer](/usc/10/101.md?p=b-1) described in this subsection is any [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) specified in [subsection (a)](#a) who— - (1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned); and - (2) is serving in a position (as determined by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned) that— - (A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and - (B) requires that an [officer](/usc/10/101.md?p=b-1) serving in such position have the skill possessed by such [officer](/usc/10/101.md?p=b-1). - (c) **Preservation of Position and Status of Officers Appointed.—** An appointment under this section does not change the position on the [active-duty list](/usc/10/101.md?p=b-13) or the permanent, probationary, or acting status of the [officer](/usc/10/101.md?p=b-1) so appointed, prejudice the [officer](/usc/10/101.md?p=b-1) in regard to other promotions or appointments, or abridge the rights or benefits of the [officer](/usc/10/101.md?p=b-1). - (d) **Board Recommendation Required.—** A temporary promotion under this section may be made only upon the recommendation of a board of [officers](/usc/10/101.md?p=b-1) convened by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned for the purpose of recommending [officers](/usc/10/101.md?p=b-1) for such promotions. - (e) **Acceptance and Effective Date of Appointment.—** Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the [pay](/usc/10/101.md?p=a-15) and allowances of the [grade](/usc/10/101.md?p=b-7) of the temporary promotion under this section from the date the appointment is made. - (f) **Termination of Appointment.—** Unless sooner terminated, an appointment under this section terminates— - (1) on the date the [officer](/usc/10/101.md?p=b-1) who received the appointment is promoted to the permanent [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy; or - (2) on the date the [officer](/usc/10/101.md?p=b-1) is detached from a position described in [subsection (b)(2)](#b-2), unless the [officer](/usc/10/101.md?p=b-1) is on a promotion list to the permanent [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the [officer](/usc/10/101.md?p=b-1) is promoted to that [grade](/usc/10/101.md?p=b-7). - (g) **Limitation on Number of Eligible Positions.—** An appointment under this section may only be made for service in a position designated by the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned for the purposes of this section. The number of positions so designated may not exceed the following: - (1) In the case of the Army— - (A) as captain, 120; - (B) as major, 350; - (C) as lieutenant colonel, 200; and - (D) as colonel, 100. - (2) In the case of the Air Force— - (A) as captain 95; - (B) as major, 305; - (C) as lieutenant colonel, 165; and - (D) as colonel, 75. - (3) In the case of the Space Force— - (A) as captain, 5; - (B) as major, 20; - (C) as lieutenant colonel, 10; and - (D) as colonel, 5. - (4) In the case of the Marine Corps— - (A) as captain, 50; - (B) as major, 175; - (C) as lieutenant colonel, 100; and - (D) as colonel, 50. - (5) In the case of the Navy— - (A) as lieutenant, 100; - (B) as lieutenant commander, 425; - (C) as commander, 175; and - (D) as captain, 80. ## Source credit (Added Pub. L. 115–232, div. A, title V, § 503(a)(1), Aug. 13, 2018, 132 Stat. 1740; amended Pub. L. 118–31, div. A, title V, § 505, title XVII, § 1716(d), Dec. 22, 2023, 137 Stat. 241, 653.) ## Notes ### Editorial Notes ### Amendments 2023—Pub. L. 118–31, § 1716(d)(1), substituted “Marine Corps, or Space Force,” for “or Marine Corps,” wherever appearing. Subsec. (g)(2) to (4). Pub. L. 118–31, § 1716(d)(2), added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “In the case of the Air Force— “(A) as captain, 100; “(B) as major, 325; “(C) as lieutenant colonel, 175; and “(D) as colonel, 80.” Former par. (4) redesignated (5). Subsec. (g)(4)(B). Pub. L. 118–31, § 505, substituted “425” for “325”. Subsec. (g)(5). Pub. L. 118–31, § 1716(d)(2), redesignated par. (4) as (5).