---
kind: "range"
citation: "10 U.S.C. §§ 620–626"
title: "10"
from: "620"
to: "626"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/10/620..626"
---

# §620. Active-duty lists

- (a) The Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall maintain a single list of all [officers](/usc/10/101.md?p=b-1) (other than [officers](/usc/10/101.md?p=b-1) described in [section 641 of this title](/usc/10/641.md)) who are on [active duty](/usc/10/101.md?p=d-1) for each armed force under his jurisdiction (other than the Coast Guard when it is operating as a service in the Navy).
- (b) [Officers](/usc/10/101.md?p=b-1) shall be carried on the [active-duty list](/usc/10/101.md?p=b-13) of the armed force of which they are [members](/usc/10/1408.md?p=a-5) in the order of seniority of the [grade](/usc/10/101.md?p=b-7) in which they are serving on [active duty](/usc/10/101.md?p=d-1). [Officers](/usc/10/101.md?p=b-1) serving in the same [grade](/usc/10/101.md?p=b-7) shall be carried in the order of their [rank](/usc/10/101.md?p=b-8) in that [grade](/usc/10/101.md?p=b-7).
- (c) An [officer](/usc/10/101.md?p=b-1) whose position on the [active-duty list](/usc/10/101.md?p=b-13) results from service under a temporary appointment or in a [grade](/usc/10/101.md?p=b-7) held by reason of assignment to a position has, when that appointment or assignment ends, the [grade](/usc/10/101.md?p=b-7) and position on the [active-duty list](/usc/10/101.md?p=b-13) that he would have held if he had not received that appointment or assignment.
- (d) Under regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned, a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who is ordered to [active duty](/usc/10/101.md?p=d-1) (whether voluntarily or involuntarily) during a war or national emergency and who would otherwise be placed on the [active-duty list](/usc/10/101.md?p=b-13) may be excluded from that list as determined by the [Secretary concerned](/usc/10/101.md?p=a-9). Exclusion of an [officer](/usc/10/101.md?p=b-1) from the [active-duty list](/usc/10/101.md?p=b-13) as the result of action by the [Secretary concerned](/usc/10/101.md?p=a-9) under the preceding sentence shall expire not later than 24 months after the date on which the [officer](/usc/10/101.md?p=b-1) enters [active duty](/usc/10/101.md?p=d-1) under an order to [active duty](/usc/10/101.md?p=d-1) covered by that sentence.

# §621. Competitive categories for promotion


Under regulations prescribed by the Secretary of Defense, the Secretary of each military [department](/usc/10/101.md?p=a-6) shall establish competitive categories for promotion. Each [officer](/usc/10/101.md?p=b-1) whose name appears on an [active-duty list](/usc/10/101.md?p=b-13) shall be carried in a competitive category of [officers](/usc/10/101.md?p=b-1). [Officers](/usc/10/101.md?p=b-1) in the same competitive category shall compete among themselves for promotion.


# §622. Numbers to be recommended for promotion


Before convening a [selection board](/usc/10/1558.md?p=b-2-A) under [section 611(a) of this title](/usc/10/611.md?p=a) for any [grade](/usc/10/101.md?p=b-7) and competitive category, the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned, under regulations prescribed by the Secretary of Defense, shall determine (1) the number of positions needed to accomplish mission objectives which require [officers](/usc/10/101.md?p=b-1) of such competitive category in the [grade](/usc/10/101.md?p=b-7) to which the board will recommend [officers](/usc/10/101.md?p=b-1) for promotion, (2) the estimated number of [officers](/usc/10/101.md?p=b-1) needed to fill vacancies in such positions during the period in which it is anticipated that [officers](/usc/10/101.md?p=b-1) selected for promotion will be promoted, and (3) the number of [officers](/usc/10/101.md?p=b-1) authorized by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned to serve on [active duty](/usc/10/101.md?p=d-1) in the [grade](/usc/10/101.md?p=b-7) and competitive category under consideration. Based on such determinations, the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall determine the maximum number of [officers](/usc/10/101.md?p=b-1) in such competitive category which the [selection board](/usc/10/1558.md?p=b-2-A) may recommend for promotion.


# §623. Establishment of promotion zones

- (a) Before convening a [selection board](/usc/10/1558.md?p=b-2-A) under [section 611(a) of this title](/usc/10/611.md?p=a) to consider [officers](/usc/10/101.md?p=b-1) for promotion to any [grade](/usc/10/101.md?p=b-7) above first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)), the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall establish a [promotion zone](/usc/10/645.md?p=1) for [officers](/usc/10/101.md?p=b-1) serving in each [grade](/usc/10/101.md?p=b-7) and competitive category to be considered by the board.
- (b) The [Secretary concerned](/usc/10/101.md?p=a-9) shall determine the number of [officers](/usc/10/101.md?p=b-1) in the [promotion zone](/usc/10/645.md?p=1) for [officers](/usc/10/101.md?p=b-1) serving in any [grade](/usc/10/101.md?p=b-7) and competitive category from among [officers](/usc/10/101.md?p=b-1) who are eligible for promotion in that [grade](/usc/10/101.md?p=b-7) and competitive category. Such determination shall be made on the basis of an estimate of—
  - (1) the number of [officers](/usc/10/101.md?p=b-1) needed in that competitive category in the next higher [grade](/usc/10/101.md?p=b-7) in each of the next five years;
  - (2) the number of [officers](/usc/10/101.md?p=b-1) to be serving in that competitive category in the next higher [grade](/usc/10/101.md?p=b-7) in each of the next five years;
  - (3) in the case of a [promotion zone](/usc/10/645.md?p=1) for [officers](/usc/10/101.md?p=b-1) to be promoted to a [grade](/usc/10/101.md?p=b-7) to which [section 523 of this title](/usc/10/523.md) is applicable, the number of [officers](/usc/10/101.md?p=b-1) authorized for such [grade](/usc/10/101.md?p=b-7) under such section to be on [active duty](/usc/10/101.md?p=d-1) on the last day of each of the next five fiscal years; and
  - (4) the number of [officers](/usc/10/101.md?p=b-1) that should be placed in that [promotion zone](/usc/10/645.md?p=1) in each of the next five years to provide to [officers](/usc/10/101.md?p=b-1) in those years relatively similar opportunity for promotion.

# §624. Promotions: how made

- (a)
  - (1) When the report of a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 611(a) of this title](/usc/10/611.md?p=a) is approved by the President, the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned shall place the names of all [officers](/usc/10/101.md?p=b-1) approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such [officers](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the [selection board](/usc/10/1558.md?p=b-2-A) under the preceding sentence.
  - (2) Except as provided in [subsection (d)](#d), [officers](/usc/10/101.md?p=b-1) on a promotion list for a competitive category shall be promoted to the next higher [grade](/usc/10/101.md?p=b-7) when additional [officers](/usc/10/101.md?p=b-1) in that [grade](/usc/10/101.md?p=b-7) and competitive category are needed. Promotions shall be made in the order in which the names of [officers](/usc/10/101.md?p=b-1) appear on the promotion list and after [officers](/usc/10/101.md?p=b-1) previously selected for promotion in that competitive category have been promoted. [Officers](/usc/10/101.md?p=b-1) to be promoted to the [grade](/usc/10/101.md?p=b-7) of first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)) shall be promoted in accordance with regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9).
  - (3)
    - (A) Except as provided in [subsection (d)](#d), [officers](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) in the [grade](/usc/10/101.md?p=b-7) of first lieutenant or, in the case of the Navy, lieutenant (junior [grade](/usc/10/101.md?p=b-7)) who are on an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list shall be promoted to the next higher [grade](/usc/10/101.md?p=b-7) in accordance with regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9).
    - (B) An all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list shall be considered to be approved for purposes of [subparagraph (A)](#a-3-A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter.
    - (C) The Secretary of a military [department](/usc/10/101.md?p=a-6) may make a recommendation to the President for approval of an all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list only when the Secretary determines that all [officers](/usc/10/101.md?p=b-1) on the list are needed in the next higher [grade](/usc/10/101.md?p=b-7) to accomplish mission objectives.
    - (D) For purposes of this paragraph, an all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list is a list of all [officers](/usc/10/101.md?p=b-1) on the [active-duty list](/usc/10/101.md?p=b-13) in a [grade](/usc/10/101.md?p=b-7) who the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines—
      - (i) are fully qualified for promotion to the next higher [grade](/usc/10/101.md?p=b-7); and
      - (ii) would be eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) by a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 611(a) of this title](/usc/10/611.md?p=a) upon the convening of such a board.
    - (E) If the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that one or more [officers](/usc/10/101.md?p=b-1) or former [officers](/usc/10/101.md?p=b-1) were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list containing the names of any such [officers](/usc/10/101.md?p=b-1) for approval in accordance with this paragraph.
- (b)
  - (1) A [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1) who is promoted under this section is appointed in the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) to which promoted and a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) who is promoted under this section is appointed in the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) to which promoted.
  - (2) The date of [rank](/usc/10/101.md?p=b-8) of an [officer](/usc/10/101.md?p=b-1) appointed to a higher [grade](/usc/10/101.md?p=b-7) under this section is determined under [section 741(d) of this title](/usc/10/741.md?p=d).
- (c) Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the [grade](/usc/10/101.md?p=b-7) of first lieutenant or captain, in the case of [officers](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant (junior [grade](/usc/10/101.md?p=b-7)) or lieutenant, in the case of [officers](/usc/10/101.md?p=b-1) of the Navy, shall be made by the President alone.
- (d)
  - (1) Under regulations prescribed by the Secretary of Defense, the appointment of an [officer](/usc/10/101.md?p=b-1) under this section may be delayed if—
    - (A) sworn charges against the [officer](/usc/10/101.md?p=b-1) have been received by an [officer](/usc/10/101.md?p=b-1) exercising general [court](/usc/10/704.md?p=c-3-A)-martial jurisdiction over the [officer](/usc/10/101.md?p=b-1) and such charges have not been disposed of;
    - (B) an investigation is being conducted to determine whether disciplinary action of any kind should be brought against the [officer](/usc/10/101.md?p=b-1);
    - (C) a board of [officers](/usc/10/101.md?p=b-1) has been convened under [chapter 60](/usc/10/chstA-ptII-ch60.md) of this title to review the record of the [officer](/usc/10/101.md?p=b-1);
    - (D) a criminal proceeding in a Federal or [State](/usc/10/2815a.md?p=g-2) [court](/usc/10/704.md?p=c-3-A) is pending against the [officer](/usc/10/101.md?p=b-1);
    - (E) substantiated adverse information about the [officer](/usc/10/101.md?p=b-1) that is material to the decision to appoint the [officer](/usc/10/101.md?p=b-1) is under review by the Secretary of Defense or the [Secretary concerned](/usc/10/101.md?p=a-9); or
    - (F) the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in [section 615(a)(3)(A) of this title](/usc/10/615.md?p=a-3-A), with respect to the [officer](/usc/10/101.md?p=b-1) will result in the convening of a special selection review board under [section 628a of this title](/usc/10/628a.md) to review the [officer](/usc/10/101.md?p=b-1) and recommend whether the recommendation for promotion of the [officer](/usc/10/101.md?p=b-1) should be sustained.

    If no disciplinary action is taken against the [officer](/usc/10/101.md?p=b-1), if the charges against the [officer](/usc/10/101.md?p=b-1) are withdrawn or dismissed, if the [officer](/usc/10/101.md?p=b-1) is not ordered removed from [active duty](/usc/10/101.md?p=d-1) by the [Secretary concerned](/usc/10/101.md?p=a-9) under [chapter 60](/usc/10/chstA-ptII-ch60.md) of this title, if the [officer](/usc/10/101.md?p=b-1) is acquitted of the charges brought against him, or if, after a review of substantiated adverse information about the [officer](/usc/10/101.md?p=b-1) regarding the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, the [officer](/usc/10/101.md?p=b-1) is determined to be among the [officers](/usc/10/101.md?p=b-1) best qualified for promotion, as the case may be, then unless action to delay an appointment has also been taken under [paragraph (2)](#d-2) the [officer](/usc/10/101.md?p=b-1) shall be retained on the promotion list (including an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list, if applicable) and shall, upon promotion to the next higher [grade](/usc/10/101.md?p=b-7), have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for the [pay](/usc/10/101.md?p=a-15) and allowances of the [grade](/usc/10/101.md?p=b-7) to which promoted, and the same position on the [active-duty list](/usc/10/101.md?p=b-13) as he would have had if no delay had intervened, unless the [Secretary concerned](/usc/10/101.md?p=a-9) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of [rank](/usc/10/101.md?p=b-8), effective date of [pay](/usc/10/101.md?p=a-15) and allowances, and position on the [active-duty list](/usc/10/101.md?p=b-13) as the Secretary considers appropriate under the circumstances.

  - (2) Under regulations prescribed by the Secretary of Defense, the appointment of an [officer](/usc/10/101.md?p=b-1) under this section may also be delayed in any case in which there is cause to believe that the [officer](/usc/10/101.md?p=b-1) has not met the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, or is mentally, physically, morally, or professionally unqualified to perform the duties of the [grade](/usc/10/101.md?p=b-7) for which he was selected for promotion. If it is later determined by a civilian official of the [Department](/usc/10/101.md?p=a-6) of Defense (not below the level of Secretary of a military [department](/usc/10/101.md?p=a-6)) that the [officer](/usc/10/101.md?p=b-1) is qualified for promotion to such [grade](/usc/10/101.md?p=b-7) and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section [7233](/usc/10/7233.md), [8167](/usc/10/8167.md), or [9233](/usc/10/9233.md) of this title, as applicable, the [officer](/usc/10/101.md?p=b-1) is determined to be among the [officers](/usc/10/101.md?p=b-1) best qualified for promotion to such [grade](/usc/10/101.md?p=b-7), the [officer](/usc/10/101.md?p=b-1) shall be retained on the promotion list (including an approved all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list, if applicable) and shall, upon such promotion, have the same date of [rank](/usc/10/101.md?p=b-8), the same effective date for [pay](/usc/10/101.md?p=a-15) and allowances in the higher [grade](/usc/10/101.md?p=b-7) to which appointed, and the same position on the [active-duty list](/usc/10/101.md?p=b-13) as he would have had if no delay had intervened, unless the [Secretary concerned](/usc/10/101.md?p=a-9) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of [rank](/usc/10/101.md?p=b-8), effective date of [pay](/usc/10/101.md?p=a-15) and allowances, and position on the [active-duty list](/usc/10/101.md?p=b-13) as the Secretary considers appropriate under the circumstances.
  - (3) In the case of an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed pursuant to [paragraph (1)(F)](#d-1-F) and whose recommendation for promotion is sustained, authorities for the promotion of the [officer](/usc/10/101.md?p=b-1) are specified in [section 628a(f) of this title](/usc/10/628a.md?p=f).
  - (4)
    - (A) Except as provided in [subparagraph (B)](#d-4-B), the appointment of an [officer](/usc/10/101.md?p=b-1) may not be delayed under this subsection unless the [officer](/usc/10/101.md?p=b-1) has been given written notice of the grounds for the delay, unless it is impracticable to give such written notice before the effective date of the appointment, in which case such written notice shall be given as soon as practicable. An [officer](/usc/10/101.md?p=b-1) whose promotion has been delayed under this subsection shall be afforded an opportunity to make a written statement to the [Secretary concerned](/usc/10/101.md?p=a-9) in response to the action taken. Any such statement shall be given careful consideration by the Secretary.
    - (B) In the case of an [officer](/usc/10/101.md?p=b-1) whose promotion is delayed pursuant to [paragraph (1)(F)](#d-1-F), requirements applicable to notice and opportunity for response to such delay are specified in [section 628a(c)(3) of this title](/usc/10/628a.md?p=c-3).
  - (5) An appointment of an [officer](/usc/10/101.md?p=b-1) may not be delayed under this subsection for more than six months after the date on which the [officer](/usc/10/101.md?p=b-1) would otherwise have been appointed unless the [Secretary concerned](/usc/10/101.md?p=a-9) specifies a further period of delay. An [officer](/usc/10/101.md?p=b-1)’s appointment may not be delayed more than 90 days after final action has been taken in any criminal case against such [officer](/usc/10/101.md?p=b-1) in a Federal or [State](/usc/10/2815a.md?p=g-2) [court](/usc/10/704.md?p=c-3-A), more than 90 days after final action has been taken in any [court](/usc/10/704.md?p=c-3-A)-martial case against such [officer](/usc/10/101.md?p=b-1), or more than 18 months after the date on which such [officer](/usc/10/101.md?p=b-1) would otherwise have been appointed, whichever is later.
- (e) Notwithstanding [subsection (a)(2)](#a-2), in the case of an [officer](/usc/10/101.md?p=b-1) who is selected for promotion by a [selection board](/usc/10/1558.md?p=b-2-A) convened under this chapter, and prior to the placement of the [officer](/usc/10/101.md?p=b-1)’s name on the applicable promotion list as approved for transfer to the [reserve active-status list](/usc/10/101.md?p=c-7) of the same or a different armed force, the [Secretary concerned](/usc/10/101.md?p=a-9) may place the [officer](/usc/10/101.md?p=b-1)’s name on a corresponding promotion list on the [reserve active-status list](/usc/10/101.md?p=c-7) without regard to the [officer](/usc/10/101.md?p=b-1)’s competitive category. An [officer](/usc/10/101.md?p=b-1)’s promotion under this subsection shall be made pursuant to [section 14308 of this title](/usc/10/14308.md).
- (f) Notwithstanding [subsection (a)(3)](#a-3), in the case of an [officer](/usc/10/101.md?p=b-1) who is placed on an all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list, and is subsequently approved for transfer to the [reserve active-status list](/usc/10/101.md?p=c-7), the [Secretary concerned](/usc/10/101.md?p=a-9) may place the [officer](/usc/10/101.md?p=b-1)’s name on an appropriate all-fully-qualified-[officers](/usc/10/101.md?p=b-1) list on the [reserve active-status list](/usc/10/101.md?p=c-7). An [officer](/usc/10/101.md?p=b-1)’s promotion under this subsection shall be made pursuant to [section 14308 of this title](/usc/10/14308.md).

# §625. Authority to vacate promotions to grades of brigadier general and rear admiral (lower half)

- (a) The President may vacate the promotion to the [grade](/usc/10/101.md?p=b-7) of brigadier general or rear admiral (lower half) of an [officer](/usc/10/101.md?p=b-1) who has served less than 18 months in that [grade](/usc/10/101.md?p=b-7) after promotion to that [grade](/usc/10/101.md?p=b-7) under this chapter.
- (b) An [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, or Marine Corps whose promotion is vacated under this section holds the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of colonel, if he is a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1), or the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) of colonel, if he is a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1). An [officer](/usc/10/101.md?p=b-1) of the Navy whose promotion is vacated under this section holds the [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) of captain, if he is a [regular](/usc/10/101.md?p=b-12) [officer](/usc/10/101.md?p=b-1), or the [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) of captain, if he is a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1).
- (c) The position on the [active-duty list](/usc/10/101.md?p=b-13) of an [officer](/usc/10/101.md?p=b-1) whose promotion is vacated under this section is the position he would have held had he not been promoted to the [grade](/usc/10/101.md?p=b-7) of brigadier general or rear admiral (lower half).

# §626. Acceptance of promotions; oath of office

- (a) An [officer](/usc/10/101.md?p=b-1) who is appointed to a higher [grade](/usc/10/101.md?p=b-7) under [section 624 of this title](/usc/10/624.md) is considered to have accepted such appointment on the date on which the appointment is made unless he expressly declines the appointment.
- (b) An [officer](/usc/10/101.md?p=b-1) who has served continuously since he subscribed to the oath of office prescribed in [section 3331 of title 5](/usc/5/3331.md) is not required to take a new oath upon appointment to a higher [grade](/usc/10/101.md?p=b-7) under [section 624 of this title](/usc/10/624.md).