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10 U.S.C. § 649f — Failure of selection for promotion

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

10 U.S.C. § 649f — Failure of selection for promotion

**(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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Stable record: federal_law:legal_authorities:record_usc_c30921eb9219696734a13e50
Source file: Laws/federal/codes/united-states-code/title-10/section-649f-failure-of-selection-for-promotion--5368fb219b.md
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Source location: Title 10, Chapter 36, § 649f; chapter-036-promotion-separation-and-involuntary-retirement-of-officers-on-the-active-duty-list.md

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**(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 refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.

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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. § 627 — Failure of selection for promotion

An officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain who is in or above the promotion zone established for his grade and competitive category under [section 623 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section623&num=0&edition=prelim) and is considered but not selected for promotion by a selection board convened under [section 611(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611/a&num=0&edition=prelim) shall be considered to have failed of selection for promotion.

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

10 U.S.C. § 649f — Failure of selection for promotion

Page 635 TITLE 10—ARMED FORCES § 649h (Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1745.) § 649e. Promotions Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter. (Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1746.) § 649f. Failure of selection for promotion (a) IN GENERAL.—Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competi- tive categories of officers designated for pur- poses of this subchapter. (b) INAPPLICABILITY OF FAILURE OF SELECTION FOR PROMOTION TO OFFICERS ABOVE PROMOTION ZONE.—The reference in section 627 of this title 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 to a person above the promotion zone shall not apply in the promotion of officers described in sub- section (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 until the officer has failed selec- tion of promotion to the next higher grade the maximum number of times specified for oppor- tunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and (2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selec- tion for promotion to the next higher grade for the second

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