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10 U.S.C. § 649a — Officers in designated competitive categories

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

10 U.S.C. § 649a — Officers in designated competitive categories

**(a) Authority To Designate Competitive Categories of Officers.—** Each Secretary of a military department may designate one or more competitive categories for promotion of officers under [section 621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section621&num=0&edition=prelim) that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter. **(b) Limitation on Exercise of Authority.—** The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.

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Source location: Title 10, Chapter 36, § 649a; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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

10 U.S.C. § 621 — Competitive categories for promotion

Under regulations prescribed by the Secretary of Defense, the Secretary of each military department shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion.

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

10 U.S.C. § 649d — Opportunities for consideration for promotion

**(a) Specification of Number of Opportunities for Consideration for Promotion.—** In designating a competitive category of officers pursuant to [section 649a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section649a&num=0&edition=prelim), the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. **(b) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—** The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years. **(c) Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—** The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. **(d) Limitation on Number of Opportunities Specified.—** The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. **(e) Effect of Certain Reducti

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

10 U.S.C. § 649a — Officers in designated competitive cat-

Page 633 TITLE 10—ARMED FORCES § 649a signment give appropriate consideration to the performance of an officer as a member of the Joint Staff. (Added Pub. L. 98–525, title XIII, § 1301(d)(1), Oct. 19, 1984, 98 Stat. 2612; amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(C), Jan. 1, 2021, 134 Stat. 3820.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Marine Corps’’. § 647. Force shaping authority (a) AUTHORITY.—The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Sec- retary— (1) discharge an officer described in sub- section (b); or (2) transfer such an officer from the active- duty list of that armed force to the reserve ac- tive-status list of a reserve component. (b) COVERED OFFICERS.—(1) The authority under this section may be exercised in the case of an officer (other than an officer of the Space Force) who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member. (2) In this subsection, the term ‘‘minimum service obligation’’ means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required ac- tive duty service. (c) APPOINTMENT OF TRANSFERRED OFFICERS.— An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active-status list under this section shall be discharged from the regular component concerned and appointed as a

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