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10 U.S.C. § 619a — Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 619a — Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions

**(a) General Rule.—** An officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been designated as a joint qualified officer in accordance with [section 661 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661&num=0&edition=prelim). **(b) Exceptions.—** Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the service. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2155&num=0&edition=prelim). (5) In the case of an officer who served in a joint duty assignment that began before January 1, 1987, if the officer served in that assignment for a period of sufficient duration (which may not be less than 12 months) for the officer’s service to have been considered a full tour of duty under the policies and re

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Stable record: federal_law:legal_authorities:record_usc_17a8e245eb36b041788ed25a
Source file: Laws/federal/codes/united-states-code/title-10/section-619a-eligibility-for-consideration-for-promotion-designation-as-joint-qualifi--a2946b34ce.md
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Passage SHA-256: 8482dee1f0a00aa6d8d8a7d51f8458e211e9a5980844b1ea27efde0dcf413680

Source location: Title 10, Chapter 36, § 619a; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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**(a) General Rule.—** An officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been designated as a joint qualified officer in accordance with [section 661 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section661&num=0&edition=prelim). **(b) Exceptions.—** Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the service. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2155&num=0&edition=prelim). (5) In the case of an officer who served in a joint duty assignment that began before January 1, 1987, if the officer served in that assignment for a period of sufficient duration (which may not be less than 12 months) for the officer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986. **(c) Waiver To Be Individual.—** A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer. **(d) Special Rule for Good-of-the-Service Waiver.—** In the case of a waiver under subsection (b)(1), the Secretary shall provide that the first duty assignment as a general or flag officer of the officer for whom the waiver is granted shall be in a joint duty assignment. **(e) Limitation on Delegation of Waiver Authority.—** The authority of the Secretary of Defense to grant a waiver under subsection (b) (other than under paragraph (1) of that subsection) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense. **(f) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist. **(g) Limitation for General and Flag Officers Previously Receiving Joint Duty Assignment Waiver.—** A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this subsection (as in effect before that date) may not be appointed to the grade of lieutenant general or vice admiral until the officer completes a full tour of duty in a joint duty assignment.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2155 — Joint professional military education Phase II program of instruction

**(a) Prerequisite of Completion of Joint Professional Military Education Phase I Program of Instruction.—** (1) After September 30, 2009, an officer of the armed forces may not be accepted for, or assigned to, a program of instruction designated by the Secretary of Defense as joint professional military education Phase II unless the officer has successfully completed a program of instruction designated by the Secretary of Defense as joint professional military education Phase I. (2) The Chairman of the Joint Chiefs of Staff may grant exceptions to the requirement under paragraph (1). Such an exception may be granted only on a case-by-case basis under exceptional circumstances, as determined by the Chairman. An officer selected to receive such an exception shall have knowledge of joint matters and other aspects of the Phase I curriculum that, to the satisfaction of the Chairman, qualifies the officer to meet the minimum requirements established for entry into Phase II instruction without first completing Phase I instruction. The number of officers selected to attend an offering of the principal course of instruction at the Joint Forces Staff College or a senior level service school designated by the Secretary of Defense as a joint professional military education institution who have not completed Phase I instruction should comprise no more than 10 percent of the total number of officers selected. **(b) Phase II Requirements.—** The Secretary shall require that the curriculum for Phase II joint professional military education at any school— (1) focus on developing joint operational expertise and perspectives and honing joint warfighting skills; and (2) be structured— (A) so as to adequately prepare students to perform effectively in an assignment to a joint, mult

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 661 — Management policies for joint qualified officers

**(a) Establishment.—** The Secretary of Defense shall establish policies, procedures, and practices for the effective management of officers of the Army, Navy, Air Force, and Marine Corps on the active-duty list, and officers of the Space Force on the Space Force officer list, who are particularly trained in, and oriented toward, joint matters (as defined in [section 668 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section668&num=0&edition=prelim)). Such officers shall be identified or designated (in addition to their principal military occupational specialty) as a joint qualified officer or in such other manner as the Secretary of Defense directs. **(b) Levels, Designation, and Numbers.—** (1) (A) The Secretary of Defense shall establish different levels of joint qualification, as well as the criteria for qualification at each level. Such levels of joint qualification shall be established by the Secretary with the advice of the Chairman of the Joint Chiefs of Staff. Each level shall, as a minimum, have both joint education criteria and joint experience criteria. The purpose of establishing such qualification levels is to ensure a systematic, progressive, career-long development of officers in joint matters and to ensure that officers serving as general and flag officers have the requisite experience and education to be highly proficient in joint matters. (B) The number of officers who are joint qualified shall be determined by the Secretary of Defense, with the advice of the Chairman of the Joint Chiefs of Staff. Such number shall be large enough to meet the requirements of subsection (d). (2) Certain officers shall be designated as joint qualified by the Secretary of Defense with the advice of the Chairman of the Joint

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 661

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 619 — Eligibility for consideration for promotion: time-in-grade and other requirements

**(a) Time-in-Grade Requirements.—** (1) An officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in the grade of ensign or lieutenant (junior grade) may not be promoted to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade), except that the minimum period of service in effect under this subparagraph before October 1, 2008, shall be eighteen months. (2) Subject to paragraph (5), an officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant or is on the active-duty list of the Navy and holds a permanent appointment in a grade above lieutenant (junior grade) may not be considered for selection for promotion to the next higher permanent grade until he has completed the following period of service in the grade in which he holds a permanent appointment: (A) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or of an officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander. (B) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appoin

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 619

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 619a — Eligibility for consideration for pro-

Page 604 TITLE 10—ARMED FORCES § 619a EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under sec- tion 101 of this title. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. § 619a. Eligibility for consideration for pro- motion: designation as joint qualified officer required before promotion to general or flag grade; exceptions (a) GENERAL RULE.—An officer on the active- duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been des- ignated as a joint qualified officer in accordance with section 661 of this title. (b) EXCEPTIONS.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the serv- ice. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veteri- nary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 619a

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