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10 U.S.C. § 649d — Opportunities for consideration for promotion
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-649d-opportunities-for-consideration-for-promotion--4d38772a42.md
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Source location: Title 10, Chapter 36, § 649d; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md
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**(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 Reduction in Number of Opportunities Specified.—** If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of [section 619 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619&num=0&edition=prelim).
**(b) Inapplicability of Certain Time-in-grade Requirements.—** Paragraphs (2) through (4) 11 See References in Text note below. of [section 619(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619/a&num=0&edition=prelim) shall not apply to the promotion of officers described in subsection (a).
**(c) Inapplicability to Officers Above and Below Promotion Zone.—** The following provisions of [section 619(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section619/c&num=0&edition=prelim) shall not apply to the promotion of officers described in subsection (a):
(1) The reference in paragraph (1) of that section to an officer above the promotion zone.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section645/1/A/i/I&num=0&edition=prelim) shall not apply to the promotion of officers described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to [section 649d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section649d&num=0&edition=prelim).
**(e) Ineligibility of Certain Officers.—** The following officers are not eligible for promotion un
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.
**(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 627 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section627&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
**(c) Special Selection Board Matters.—** The reference in [section 628(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section628/a/1&num=0&edition=prelim) to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
**(d) Effect of Failure of Selection.—** In the administration of this subchapter pursuant to subsection (a)—
(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of [section 629(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section629/e/2&num=0&edition=prelim) until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to [section 649d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section649d&num=0&edition=prelim); and
(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to ref
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Federal law — U.S. Code and appendices · legal_authorities
Page 634
TITLE 10—ARMED FORCES
§ 649b
1 See References in Text note below.
(4) A description of any other matters the
Secretary considered in determining to des-
ignate the competitive category for purposes
of this subchapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1744.)
§ 649b. Selection for promotion
(a) IN GENERAL.—Except as provided in this
section, the selection for promotion of officers
in any competitive category of officers des-
ignated for purposes of this subchapter shall be
governed by the provisions of subchapter I of
this chapter.
(b) NO RECOMMENDATION FOR PROMOTION OF OF-
FICERS BELOW PROMOTION ZONE.—Section 616(b)
of this title shall not apply to the selection for
promotion of officers described in subsection (a).
(c) RECOMMENDATION FOR OFFICERS TO BE EX-
CLUDED FROM FUTURE CONSIDERATION FOR PRO-
MOTION.—In making recommendations pursuant
to section 616 of this title for purposes of the ad-
ministration of this subchapter, a selection
board convened under section 611(a) of this title
may recommend that an officer considered by
the board be excluded from future consideration
for promotion under this chapter.
(Added Pub. L. 115–232, div. A, title V, § 507(a)(1),
Aug. 13, 2018, 132 Stat. 1744.)
§ 649c. Eligibility for consideration for promotion
(a) IN GENERAL.—Except as provided by this
section, eligibility for promotion of officers in
any competitive category of officers designated
for purposes of this subchapter shall be governed
by the provisions of section 619 of this title.
(b) INAPPLICABILITY OF CERTAIN TIME-IN-GRADE
REQUIREMENTS.—Paragraphs (2) through (4) 1 of
section 619(a) of this title shall not apply to the
promotion of officers described in subsection (a).
(c) INAPPLICAB
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