---
kind: "section"
citation: "10 U.S.C. § 649c"
title: "10"
title_heading: "Armed Forces"
number: "649c"
heading: "Eligibility for consideration for promotion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/649c"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "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"
---

# §649c. Eligibility for consideration for promotion

- (a) **In General.—** Except as provided by this section, eligibility for promotion of [officers](/usc/10/101.md?p=b-1) in any competitive category of [officers](/usc/10/101.md?p=b-1) designated for purposes of this subchapter shall be governed by the provisions of [section 619 of this title](/usc/10/619.md).
- (b) **Inapplicability of Certain Time-in-grade Requirements.—** Paragraphs (2) through (4)[^1] of [section 619(a) of this title](/usc/10/619.md?p=a) shall not apply to the promotion of [officers](/usc/10/101.md?p=b-1) described in [subsection (a)](#a).
- (c) **Inapplicability to Officers Above and Below Promotion Zone.—** The following provisions of [section 619(c) of this title](/usc/10/619.md?p=c) shall not apply to the promotion of [officers](/usc/10/101.md?p=b-1) described in [subsection (a)](#a):
  - (1) The reference in paragraph (1) of that section to an [officer](/usc/10/101.md?p=b-1) above the [promotion zone](/usc/10/583.md?p=1).
  - (2) Paragraph (2)(A) of that section.
- (d) **Inapplicability of Requirement Relating to Opportunities for Consideration for Promotion.—** [Section 645(1)(A)(i)(I) of this title](/usc/10/645.md) shall not apply to the promotion of [officers](/usc/10/101.md?p=b-1) described in [subsection (a)](#a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to [section 649d of this title](/usc/10/649d.md).
- (e) **Ineligibility of Certain Officers.—** The following [officers](/usc/10/101.md?p=b-1) are not eligible for promotion under this subchapter:
  - (1) An [officer](/usc/10/101.md?p=b-1) described in [section 619(d) of this title](/usc/10/619.md?p=d).
  - (2) An [officer](/usc/10/101.md?p=b-1) not included within the [promotion zone](/usc/10/583.md?p=1).
  - (3) An [officer](/usc/10/101.md?p=b-1) who has failed of promotion to a higher [grade](/usc/10/101.md?p=b-7) the maximum number of times specified for opportunities for promotion for such [grade](/usc/10/101.md?p=b-7) within the competitive category concerned pursuant to [section 649d of this title](/usc/10/649d.md).
  - (4) An [officer](/usc/10/101.md?p=b-1) recommended by a selection board to be removed from consideration for promotion in accordance with [section 649b(c) of this title](/usc/10/649b.md?p=c).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1745; amended Pub. L. 116–283, div. A, title V, § 506, Jan. 1, 2021, 134 Stat. 3573.)

## 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).