10 U.S.C. § 623 — Establishment of promotion zones

Page 606 TITLE 10—ARMED FORCES § 621 1994—Subsec. (d). Pub. L. 103–337, § 1624, as amended by Pub. L. 104–106, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title. EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT Regulations prescribed under this section applicable to establishment of initial active-duty lists, see section 621(a) of Pub. L. 96–513, set out as a note under section 611 of this title. § 621. Competitive categories for promotion Under regulations prescribed by the Secretary of Defense, the Secretary of each military de- partment shall establish competitive categories for promotion. Each officer whose name appears on an active-duty list shall be carried in a com- petitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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. § 622. Numbers to be recommended for pro- motion Before convening a selection board under sec- tion 611(a) of this title for any grade and com- petitive category, the Secretary of the military department concerned, under regulations pre- scribed by the Secretary of Defense, shall deter- mine (1) the number of positions needed to ac- complish mission objectives which require offi- cers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that offi- cers selected for promotion will be promoted, and (3) the number of officers authorized by the Secretary of the military department concerned to serve on active duty in the grade and com- petitive category under consideration. Based on such determinations, the Secretary of the mili- tary department concerned shall determine the maximum number of officers in such competi- tive category which the selection board may recommend for promotion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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. § 623. Establishment of promotion zones (a) Before convening a selection board under section 611(a) of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for offi- cers to be promoted to a grade to which sec- tion 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for pro- motion. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2856.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section 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. § 624. Promotions: how made (a)(1) When the report of a selection board con- vened under section 611(a) of this title is ap-