10 U.S.C. § 644 — Untitled legal text

Page 632 TITLE 10—ARMED FORCES [§ 644 who is appointed or designated as a chaplain may, if he fails to maintain the qualifications needed to perform his professional function, be discharged or, if eligible for retirement, may be retired. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867.) 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. [§ 644. Repealed. Pub. L. 103–337, div. A, title XVI, § 1622(b), Oct. 5, 1994, 108 Stat. 2961] Section, added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867; amended Pub. L. 102–190, div. A, title XI, § 1115, Dec. 5, 1991, 105 Stat. 1503, related to author- ity to suspend officer personnel laws. See section 123 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. § 645. Definitions In this chapter: (1) The term ‘‘promotion zone’’ means a pro- motion eligibility category consisting of the officers on an active-duty list in the same grade and competitive category— (A) who— (i) in the case of officers in grades below colonel, for officers of the Army, Air Force, Marine Corps, and Space Force, or captain, for officers of the Navy, have nei- ther (I) failed of selection for promotion to the next higher grade, nor (II) been re- moved from a list of officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); or (ii) in the case of officers in the grade of colonel or brigadier general, for officers of the Army, Air Force, Marine Corps, and Space Force, or captain or rear admiral (lower half), for officers of the Navy, have neither (I) not been recommended for pro- motion to the next higher grade when con- sidered in the promotion zone, nor (II) been removed from a list of officers rec- ommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and (B) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer in the pro- motion zone eligible for consideration for promotion to the next higher grade. (2) The term ‘‘officers above the promotion zone’’ means a group of officers on an active- duty list in the same grade and competitive category who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as those officers in the promotion zone for that competitive category; and (C) are senior to the senior officer in the promotion zone for that competitive cat- egory. (3) The term ‘‘officers below the promotion zone’’ means a group of officers on the active- duty list in the same grade and competitive category who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as the officers in the promotion zone for that competitive cat- egory; and (C) are junior to the junior officer in the promotion zone for that competitive cat- egory. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2867; amended Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, § 533(a), Oct. 19, 1984, 98 Stat. 2528; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 102–25, title VII, § 701(i)(1), Apr. 6, 1991, 105 Stat. 115; Pub. L. 118–159, div. A, title V, § 521(e), Dec. 23, 2024, 138 Stat. 1881.) Editorial Notes AMENDMENTS 2024—Par. (1)(A). Pub. L. 118–159 substituted ‘‘Marine Corps, and Space Force,’’ for ‘‘and Marine Corps,’’ in cls. (i) and (ii). 1991—Pars. (1) to (3). Pub. L. 102–25 inserted ‘‘The term’’ after par. designations and lowercased initial letter of quoted phrases. 1985—Par. (1)(A)(ii). Pub. L. 99–145 substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’. 1984—Par. (1)(A)(i)(II), (ii)(II). Pub. L. 98–525, § 533(a)(1), inserted ‘‘(other than after having been placed on that list after a selection from below the pro- motion zone)’’. Par. (1)(B). Pub. L. 98–525, § 533(a)(2), inserted ‘‘in the promotion zone’’ after ‘‘the junior officer’’ and struck out ‘‘in the promotion zone’’ after ‘‘higher grade’’. 1981—Par. (1)(A)(ii). Pub. L. 97–86 substituted ‘‘com- modore’’ for ‘‘commodore admiral’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–86 effective Sept. 15, 1981, see section 405(f) of Pub. L. 97–86, set out as a note under section 101 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. § 646. Consideration of performance as a member of the Joint Staff The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall ensure that officer personnel policies of the Army, Navy, Air Force, Marine Corps, and Space Force concerning promotion, retention, and as-