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10 U.S.C. § 611 — Convening of selection boards

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

10 U.S.C. § 611 — Convening of selection boards

**(a)** Whenever the needs of the service require, the Secretary of the military department concerned shall convene selection boards to recommend for promotion to the next higher permanent grade, under subchapter II of this chapter, officers on the active-duty list in each permanent grade from first lieutenant through brigadier general in the Army, Air Force, Marine Corps, or Space Force and from lieutenant (junior grade) through rear admiral (lower half) in the Navy. The preceding sentence does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 624(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a/3&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion. **(b)** Whenever the needs of the service require, the Secretary of the military department concerned may convene selection boards to recommend officers for continuation on active duty under [section 637 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section637&num=0&edition=prelim) or for early retirement under [section 638 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section638&num=0&edition=prelim). **(c)** The convening of selection boards under subsections (a) and (b) shall be under regulations prescribed by the Secretary of Defense.

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Source location: Title 10, Chapter 36, § 611; 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. § 1370 — Regular commissioned officers

**(a) Retirement in Highest Grade in Which Served Satisfactorily.—** (1) **In general.—** — Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily. (2) **Determination of satisfactory service.—** — The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows: (A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general or rear admiral. (B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general or rear admiral. (3) **Effect of misconduct in lower grade in determination.—** — If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section— (A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and (B) the grade next lower to such lower grade shall be the retired grade of the officer under this section. (4) **Nature of retirement of certain reserve officers and officers in temporary grades.—** — A reserve officer, or an officer appointed to a position under [section 601 of this title](https://uscode.house.g

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

10 U.S.C. § 741 — Rank: commissioned officers of the armed forces

**(a)** Among the grades listed below, the grades of general and admiral are equivalent and are senior to other grades and the grades of second lieutenant and ensign are equivalent and are junior to other grades. Intermediate grades rank in the order listed as follows: Army, Air Force, Marine Corps, and Space ForceNavy and Coast Guard GeneralAdmiral. Lieutenant generalVice admiral. Major generalRear admiral. Brigadier generalRear admiral (lower half). ColonelCaptain. Lieutenant colonelCommander. MajorLieutenant commander. CaptainLieutenant. First lieutenantLieutenant (junior grade). Second lieutenantEnsign. **(b)** Rank among officers of the same grade or of equivalent grades is determined by comparing dates of rank. An officer whose date of rank is earlier than the date of rank of another officer of the same or equivalent grade is senior to that officer. **(c)** Rank among officers of the Army, Navy, Air Force, Marine Corps, and Space Force of the same grade or of equivalent grades who have the same date of rank is determined by regulations prescribed by the Secretary of Defense which shall apply uniformly among the Army, Navy, Air Force, Marine Corps, and Space Force. **(d)** (1) The date of rank of an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who holds a grade as the result of an original appointment shall be determined by the Secretary of the military department concerned at the time of such appointment. The date of rank of an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who holds a grade as the result of an original appointment and who at the time of such appointment was awarded service credit for prior commissioned service or constructive credit for advanced education or training, or special experience shall be de

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

10 U.S.C. § 1370a — Officers entitled to retired pay for non-regular service

**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section. **(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months. **(c) Service-in-grade Requirement for Offices in Grades Above O–4.—** (1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years. (2) **Satisfaction of requirement by certain officers not completing three years.—** —

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

10 U.S.C. § 638 — Selective early retirement

**(a)** (1) A regular officer on the active-duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may be considered for selective early retirement by a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) if the officer is described in any of subparagraphs (A) through (D) as follows: (A) An officer holding the regular grade of lieutenant colonel or commander who has failed of selection for promotion to the grade of colonel or, in the case of an officer of the Navy, captain two or more times and whose name is not on a list of officers recommended for promotion. (B) An officer holding the regular grade of colonel or, in the case of an officer of the Navy, captain who has served at least four years of active duty in that grade and whose name is not on a list of officers recommended for promotion. (C) An officer holding the regular grade of brigadier general or rear admiral (lower half) who has served at least three and one-half years of active duty in that grade and whose name is not on a list of officers recommended for promotion. (D) An officer holding the regular grade of major general or rear admiral who has served at least three and one-half years of active duty in that grade. (2) The Secretary of the military department concerned shall specify the number of officers described in paragraphs (1)(A) and (1)(B) which a selection board convened under [section 611(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/b&num=0&edition=prelim) may recommend for early retirement. Such number may not be more than 30 percent of the number of officers considered in each grade in each competitive c

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

10 U.S.C. § 1184 — Removal of officer: action by Secretary upon recommendation of board of inquiry

The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under [section 1182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182&num=0&edition=prelim).

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

10 U.S.C. § 620 — Active-duty lists

**(a)** The Secretary of the military department concerned shall maintain a single list of all officers (other than officers described in [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section641&num=0&edition=prelim)) who are on active duty for each armed force under his jurisdiction (other than the Coast Guard when it is operating as a service in the Navy). **(b)** Officers shall be carried on the active-duty list of the armed force of which they are members in the order of seniority of the grade in which they are serving on active duty. Officers serving in the same grade shall be carried in the order of their rank in that grade. **(c)** An officer whose position on the active-duty list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the active-duty list that he would have held if he had not received that appointment or assignment. **(d)** Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is ordered to active duty (whether voluntarily or involuntarily) during a war or national emergency and who would otherwise be placed on the active-duty list may be excluded from that list as determined by the Secretary concerned. Exclusion of an officer from the active-duty list as the result of action by the Secretary concerned under the preceding sentence shall expire not later than 24 months after the date on which the officer enters active duty under an order to active duty covered by that sentence.

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

10 U.S.C. § 629 — Removal from a list of officers recommended for promotion

**(a) Removal by President.—** The President may remove the name of any officer from a list of officers recommended for promotion by a selection board convened under this chapter. The President shall notify the congressional defense committees not later than 30 days after removing the name of an officer from such list for any reason other than misconduct. **(b) Removal Due to Senate Not Giving Advice and Consent.—** If, after consideration of a list of officers approved for promotion by the President to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate, the Senate does not give its advice and consent to the appointment of an officer whose name is on the list, that officer’s name shall be removed from the list. **(c) Removal After 18 Months.—** (1) If an officer whose name is on a list of officers approved for promotion under [section 624(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/a&num=0&edition=prelim) to a grade for which appointment is required by [section 624(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section624/c&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment. (2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 629

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

10 U.S.C. § 601 — Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals

**(a)** The President may designate positions of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Senate. Except as provided in subsection (b), the appointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the officer to that position. **(b)** An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position designated under subsection (a) or by law to carry that grade shall continue to hold that grade— (1) while serving in that position; (2) while under orders transferring him to another position designated under subsection (a) or by law to carry one of those grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position; (3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days; (4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer

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

10 U.S.C. § 523 — Authorized strengths: commissioned officers on active duty in grades of major, lieutenant colonel, and colonel and Navy grades of lieutenant commander, commander, and captain

**(a)** (1) Except as provided in subsection (c), of the total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps at the end of any fiscal year (excluding officers in categories specified in subsection (b)), the number of officers who may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of such fiscal year, exceed a number determined in accordance with the following table: Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty:Number of officers who may be serving on active duty in grade of: MajorLieutenant ColonelColonel 1 Table heading editorially supplied. Army: 20,0007,7685,2531,613 25,0008,6895,6421,796 30,0009,6116,0301,980 35,00010,5326,4192,163 40,00011,4546,8072,347 45,00012,3757,1962,530 50,00013,2977,5842,713 55,00014,2187,9732,897 60,00015,1408,3613,080 65,00016,0618,7503,264 70,00016,9839,1383,447 75,00017,9039,5273,631 80,00018,8259,9153,814 85,00019,74610,3043,997 90,00020,66810,6924,181 95,00021,58911,0814,364 100,00022,51111,4694,548 110,00024,35412,2464,915 120,00026,19713,0235,281 130,00028,04013,8005,648 170,00035,41216,9087,116 Air Force: 35,0009,2167,0902,125 40,00010,0257,4782,306 45,00010,8357,8662,487 50,00011,6458,2532,668 55,00012,4548,6412,849 60,00013,2649,0293,030 65,00014,0739,4173,211 70,00014,8839,8053,392 75,00015,69310,1933,573 80,00016,50210,5823,754 85,00017,31210,9713,935 90,00018,12111,3604,115 95,00018,93111,7494,296 100,00019,74112,1384,477 105,00020,55012,5274,658 110,00021,36012,9154,838 115,00022,16913,3045,019 120,00022,97913,6925,200 125,00023,78914,0815,381 Marine Corps: 10,0002,8021,615633 12,5003,2471,768658 15,0003,6911,922684 17,5004,1352,076710 20,0004

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

10 U.S.C. § 1251 — Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions

**(a) General Rule.—** Unless retired or separated earlier, each regular commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force (other than an officer covered by [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1252&num=0&edition=prelim) or a commissioned warrant officer) serving in a grade below brigadier general or rear admiral (lower half), in the case of an officer in the Navy, shall be retired or separated, as specified in subsection (e), on the first day of the month following the month in which the officer becomes 62 years of age. **(b) Deferred Retirement or Separation of Health Professions Officers.—** (1) The Secretary of the military department concerned may, subject to subsection (d), defer the retirement or separation under subsection (a) of a health professions officer if during the period of the deferment the officer— (A) will be performing duties consisting primarily of providing patient care or performing other clinical duties; or (B) is in a category of officers designated under subparagraph (D) of paragraph (2) whose duties will consist primarily of the duties described in clause (i), (ii), or (iii) of such subparagraph. (2) For purposes of this subsection, a health professions officer is— (A) a medical officer; (B) a dental officer; (C) an officer in the Army Nurse Corps, an officer in the Navy Nurse Corps, or an officer in the Air Force designated as a nurse; or (D) an officer in a category of officers designated by the Secretary of the military department concerned for the purposes of this paragraph as consisting of officers whose duties consist primarily of— (i) providing health care; (ii) performing other clinical care; or (iii) pe

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