---
kind: "section"
citation: "10 U.S.C. § 624"
title: "10"
title_heading: "Armed Forces"
number: "624"
heading: "Promotions: how made"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/624"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 36 — Promotion, Separation, and Involuntary Retirement of Officers on the Active-Duty List"
  - "Subchapter II — Promotions"
---

# §624. Promotions: how made

- (a)
  - (1) When the report of a selection board convened under [section 611(a) of this title](/usc/10/611.md?p=a) is approved by the President, 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 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 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/10/2801.md?p=c-5).
  - (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/10/2801.md?p=c-5).
    - (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](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [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](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [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 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](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [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](/usc/10/4951.md?p=3) 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, 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](/usc/10/4951.md?p=3) 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-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](/usc/10/801.md?p=14) of the [officer](/usc/10/101.md?p=b-1);
    - (D) a criminal proceeding in a Federal or [State](/usc/10/4951.md?p=4) court 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](/usc/10/4951.md?p=3) of Defense or the [Secretary concerned](/usc/10/2801.md?p=c-5); or
    - (F) 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 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/10/2801.md?p=c-5) 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/10/2801.md?p=c-5) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the [Secretary](/usc/10/4951.md?p=3) makes such a determination, the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) considers appropriate under the circumstances.

  - (2) Under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [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/10/2801.md?p=c-5) determines that the [officer](/usc/10/101.md?p=b-1) was unqualified for promotion for any part of the delay. If the [Secretary](/usc/10/4951.md?p=3) makes such a determination, the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) 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/10/2801.md?p=c-5) in [response](/usc/10/2700.md?p=2) to the action taken. Any such statement shall be given careful consideration by the [Secretary](/usc/10/4951.md?p=3).
    - (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](/usc/10/2700.md?p=2) 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/10/2801.md?p=c-5) 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/10/4951.md?p=4) court, more than 90 days after final action has been taken in any court-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 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/10/2801.md?p=c-5) 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/10/2801.md?p=c-5) 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).

## Source credit

(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2857; amended Pub. L. 97–22, § 4(d), July 10, 1981, 95 Stat. 126; Pub. L. 97–295, § 1(8), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98–525, title V, § 526, Oct. 19, 1984, 98 Stat. 2525; Pub. L. 107–107, div. A, title V, § 505(a)(1), (c)(2)(A), (d)(1), Dec. 28, 2001, 115 Stat. 1085, 1087, 1088; Pub. L. 107–314, div. A, title X, § 1062(a)(2), Dec. 2, 2002, 116 Stat. 2649; Pub. L. 109–364, div. A, title V, § 511(a), (d)(1), Oct. 17, 2006, 120 Stat. 2181, 2183; Pub. L. 110–181, div. A, title X, § 1063(c)(3), Jan. 28, 2008, 122 Stat. 322; Pub. L. 114–92, div. A, title V, § 502(a), Nov. 25, 2015, 129 Stat. 806; Pub. L. 115–232, div. A, title V, § 504(c), title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1742, 1840; Pub. L. 116–283, div. A, title V, § 505(a)(3), title IX, § 924(b)(3)(G), Jan. 1, 2021, 134 Stat. 3568, 3821; Pub. L. 118–31, div. A, title V, § 503(b)(1), Dec. 22, 2023, 137 Stat. 241; Pub. L. 118–159, div. A, title XVII, § 1701(a)(14), Dec. 23, 2024, 138 Stat. 2203.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (e). Pub. L. 118–159 substituted “as approved” for “is approved”.

2023—Subsecs. (e), (f). Pub. L. 118–31 added subsecs. (e) and (f).

2021—Subsec. (c). Pub. L. 116–283, § 924(b)(3)(G), substituted “Marine Corps, or Space Force” for “or Marine Corps”.

Subsec. (d)(1)(F). Pub. L. 116–283, § 505(a)(3)(A), added subpar. (F).

Subsec. (d)(3). Pub. L. 116–283, § 505(a)(3)(C), added par. (3). Former par. (3) redesignated (4).

Subsec. (d)(4). Pub. L. 116–283, § 505(a)(3)(B), (D), redesignated par. (3) as (4), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), the appointment” for “The appointment”, and added subpar. (B). Former par. (4) redesignated (5).

Subsec. (d)(5). Pub. L. 116–283, § 505(a)(3)(B), redesignated par. (4) as (5).

2018—Subsec. (a)(1). Pub. L. 115–232, § 504(c), inserted “or based on particular merit, as determined by the promotion board” after “active-duty list”.

Subsec. (d)(1), (2). Pub. L. 115–232, § 809(a), substituted “section 7233, 8167, or 9233” for “section 3583, 5947, or 8583” in concluding provisions of par. (1) and in two places in par. (2).

2015—Subsec. (a)(3)(E). Pub. L. 114–92 added subpar. (E).

2008—Subsec. (d)(1). Pub. L. 110–181 amended directory language of Pub. L. 109–364, § 511(a)(2)(D)(i). See 2006 Amendment note below.

2006—Subsec. (a)(1). Pub. L. 109–364, § 511(d)(1), inserted at end “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 under the preceding sentence.”

Subsec. (d)(1). Pub. L. 109–364, § 511(a)(2)(D)(ii), inserted “or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion,” after “brought against him,” in concluding provisions.

Pub. L. 109–364, § 511(a)(2)(D)(i), as amended by Pub. L. 110–181, struck out “or” after “chapter 60 of this title,”.

Pub. L. 109–364, § 511(a)(1), substituted “prescribed by the Secretary of Defense” for “prescribed by the Secretary concerned” in introductory provisions.

Subsec. (d)(1)(E). Pub. L. 109–364, § 511(a)(2)(A)–(C), added subpar. (E).

Subsec. (d)(2). Pub. L. 109–364, § 511(a)(3), in first sentence inserted “has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or” before “is mentally, physically,” and in second sentence substituted “If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to such grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to such grade” for “If the Secretary concerned later determines that the officer is qualified for promotion to such grade”.

Pub. L. 109–364, § 511(a)(1), substituted “prescribed by the Secretary of Defense” for “prescribed by the Secretary concerned”.

2002—Subsec. (d)(1). Pub. L. 107–314 substituted “paragraph (2)” for “subsection (d)(2)” in concluding provisions.

2001—Subsec. (a)(3). Pub. L. 107–107, § 505(a)(1), added par. (3).

Subsec. (c). Pub. L. 107–107, § 505(d)(1), inserted “, in the case of officers of the Army, Air Force, or Marine Corps,” after “captain” and “, in the case of officers of the Navy,” after “(junior grade) or lieutenant”.

Subsec. (d)(1). Pub. L. 107–107, § 505(c)(2)(A)(i), inserted “(including an approved all-fully-qualified-officers list, if applicable)” after “retained on the promotion list” in concluding provisions.

Subsec. (d)(2). Pub. L. 107–107, § 505(c)(2)(A)(ii), inserted “shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable) and” after “to such grade, the officer” in second sentence.

1984—Subsec. (d)(1), (2). Pub. L. 98–525 inserted provision for a determination by the Secretary concerned that the officer was unqualified for promotion for any part of the delay in the officer’s promotion, with the inserted provision that if the Secretary made such a determination, the Secretary could adjust such date of rank, effective date of pay and allowances, and position on the active-duty list as the Secretary considered appropriate under the circumstances.

1982—Subsec. (d)(4). Pub. L. 97–295 substituted “this subsection” for “the subsection”.

1981—Subsec. (a)(1). Pub. L. 97–22, § 4(d)(1)(A), struck out “or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President,” after “by the President,”.

Subsec. (a)(2). Pub. L. 97–22, § 4(d)(1)(B), inserted provision that officers to be promoted to grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary concerned.

Subsec. (c). Pub. L. 97–22, § 4(d)(2), substituted “under this section in the grade of first lieutenant or captain or lieutenant (junior grade) or lieutenant” for “in the grade of first lieutenant or lieutenant (junior grade) under this section”.

Subsec. (d)(1). Pub. L. 97–22, § 4(d)(3)(A), (B), substituted “Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may be delayed” for “The Secretary concerned may delay the appointment of an officer under this section” in provisions preceding subpar. (A) and, in provisions following subpar. (D), inserted “then unless action to delay an appointment has also been taken under subsection (d)(2)” after “as the case may be,”.

Subsec. (d)(2). Pub. L. 97–22, § 4(d)(3)(C), substituted “Under regulations prescribed by the Secretary concerned, the appointment of an officer under this section may also be delayed in any case in which” for “The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that”.

Subsec. (d)(3). Pub. L. 97–22, § 4(d)(3)(D), (E), inserted “, 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” after “grounds for the delay” and struck out “by the Secretary” after “the action taken”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by section 809(a) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

### Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c) is effective Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L. 109–364, as enacted.

### Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title V, § 511(e), Oct. 17, 2006, 120 Stat. 2184, provided that: “The amendments made by this section [amending this section and sections 14308 and 14311 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to officers on promotion lists established on or after the date of the enactment of this Act.”

### Effective Date

Section 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.

### Deadline for Uniform Regulations on Delay of Promotions

Pub. L. 109–364, div. A, title V, § 511(c), Oct. 17, 2006, 120 Stat. 2183, provided that: Deadline.—The Secretary of Defense shall prescribe the regulations required by section 624(d) of title 10, United States Code (as amended by subsection (a)(1) of this section), and the regulations required by section 14311 of such title (as amended by subsection (b)(1) of this section) not later than March 1, 2008. Savings clause for existing regulations.—Until the Secretary of Defense prescribes regulations pursuant to paragraph (1), regulations prescribed by the Secretaries of the military departments under the sections referred to in paragraph (1) shall remain in effect.”

### Executive Documents

### Delegation of Functions

Functions of President under subsec. (c) to appoint officers in grades of first lieutenant and captain in Army, Air Force, and Marine Corps or in grades of lieutenant (junior grade) and lieutenant in Navy delegated to Secretary of Defense to perform, without approval, ratification, or other action by President, and with authority for Secretary to redelegate, see Ex. Ord. No. 12396, §§ 1(c), 3, Dec. 9, 1982, 47 F.R. 55897, 55898, set out as a note under section 301 of Title 3, The President.