10 U.S.C. § 619 — Eligibility for consideration for promotion:

Page 601 TITLE 10—ARMED FORCES § 619 struck out former item 619 ‘‘Eligibility for consider- ation for promotion’’. 1985—Pub. L. 99–145, title V, § 514(b)(4)(B), Nov. 8, 1985, 99 Stat. 628, substituted ‘‘rear admiral (lower half)’’ for ‘‘commodore’’ in item 625. 1981—Pub. L. 97–86, title IV, § 405(b)(4)(B), Dec. 1, 1981, 95 Stat. 1106, substituted ‘‘commodore’’ for ‘‘com- modore admiral’’ in item 625. § 619. Eligibility for consideration for promotion: time-in-grade and other requirements (a) TIME-IN-GRADE REQUIREMENTS.—(1) An offi- cer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a perma- nent appointment in the grade of second lieuten- ant or first lieutenant or is on the active-duty list of the Navy and holds a permanent appoint- ment in the grade of ensign or lieutenant (junior grade) may not be promoted to the next higher permanent grade until he has completed the fol- lowing period of service in the grade in which he holds a permanent appointment: (A) Eighteen months, in the case of an offi- cer holding a permanent appointment in the grade of second lieutenant or ensign. (B) Two years, in the case of an officer hold- ing a permanent appointment in the grade of first lieutenant or lieutenant (junior grade), except that the minimum period of service in effect under this subparagraph before October 1, 2008, shall be eighteen months. (2) Subject to paragraph (5), an officer who is on the active-duty list of the Army, Air Force, or Marine Corps and holds a permanent appoint- ment in a grade above first lieutenant or is on the active-duty list of the Navy and holds a per- manent appointment in a grade above lieuten- ant (junior grade) may not be considered for se- lection for promotion to the next higher perma- nent grade until he has completed the following period of service in the grade in which he holds a permanent appointment: (A) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of cap- tain, major, or lieutenant colonel or of an offi- cer of the Navy holding a permanent appoint- ment in the grade of lieutenant, lieutenant commander, or commander. (B) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of colo- nel or brigadier general or of an officer of the Navy holding a permanent appointment in the grade of captain or rear admiral (lower half). (3) When the needs of the service require, the Secretary of the military department concerned may prescribe a longer period of service in grade for eligibility for promotion, in the case of offi- cers to whom paragraph (1) applies, or for eligi- bility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the military department concerned may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a re- sult of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or ap- pointment. (b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR PROMOTION OF OFFICERS WHO HAVE PRE- VIOUSLY FAILED OF SELECTION.—(1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as he con- tinues on active duty in other than a retired sta- tus and is not promoted. (2) Paragraph (1) does not apply to a regular officer who is ineligible for consideration for promotion under section 631(c) of this title or to a reserve officer who has failed of selection for promotion to the grade of captain or, in the case of an officer of the Navy, lieutenant for the sec- ond time. (c) OFFICERS TO BE CONSIDERED BY PROMOTION BOARDS.—(1) Each time a selection board is con- vened under section 611(a) of this title for con- sideration of officers in a competitive category for promotion to the next higher grade, each of- ficer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the military department concerned— (A) may, in accordance with standards and procedures prescribed by the Secretary of De- fense in regulations which shall apply uni- formly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exception- ally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer is placed on the active-duty list during which the officer shall be ineligible for consid- eration for promotion; and (C) may, by regulation, preclude from con- sideration by a selection board by which he would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened or an approved retirement date. (3)(A) The Secretary of Defense may authorize the Secretaries of the military departments to preclude from consideration by selection boards for promotion to the grade of brigadier general or rear admiral (lower half) officers in the grade of colonel or, in the case of the Navy, captain who— (i) have been considered and not selected for promotion to the grade of brigadier general or rear admiral (lower half) by at least two selec- tion boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant Page 602 TITLE 10—ARMED FORCES § 619 to subparagraph (B), as not being exception- ally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretaries of the military departments to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of a military department may exercise such au- thority in the case of a particular selection board only if the Secretary of Defense ap- proves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the rec- ommendation of a preselection board of offi- cers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary concerned has given the officer ad- vance written notice of the convening of such board and of the military records that will be considered by the board and has given the offi- cer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary con- vening such a preselection board shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be pre- cluded from consideration by a selection board only on the basis of the general guidance pro- vided by the Secretary of the military depart- ment concerned, information in the officer’s official military personnel records that has been described in the notice provided the offi- cer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. (d) CERTAIN OFFICERS NOT TO BE CONSID- ERED.—A selection board convened under section 611(a) of this title may not consider for pro- motion to the next higher grade any of the fol- lowing officers: (1) An officer whose name is on a promotion list for that grade as a result of his selection for promotion to that grade by an earlier se- lection board convened under that section. (2) An officer who is recommended for pro- motion to that grade in the report of an ear- lier selection board convened under that sec- tion, in the case of such a report that has not yet been approved by the President. (3) An officer of the Marine Corps who is an officer designated for limited duty and who holds a grade above major. (4) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-quali- fied-officers list under section 624(a)(3) of this title. (5) An officer in the grade of captain or, in the case of the Navy, lieutenant who is not a citizen of the United States. (6) An officer excluded under subsection (e). (e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT OF SELECTION BOARD CONSIDERATION.—(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Sec- retary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider offi- cers for promotion to the next higher grade. (2) The Secretary concerned may only approve a request under paragraph (1) if— (A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, training, or a career progression requirement delayed by the assignment, education, or training; (B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and (C) the officer has not previously failed of se- lection for promotion to the grade for which the officer requests the exclusion from consid- eration. (Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2854; amended Pub. L. 97–22, § 4(c), July 10, 1981, 95 Stat. 126; Pub. L. 97–86, title IV, § 405(b)(1), Dec. 1, 1981, 95 Stat. 1105; Pub. L. 98–525, title V, §§ 525(a), (b), 529(a), Oct. 19, 1984, 98 Stat. 2524, 2525, 2526; Pub. L. 99–145, title V, § 514(b)(1), Nov. 8, 1985, 99 Stat. 628; Pub. L. 99–433, title IV, § 404, Oct. 1, 1986, 100 Stat. 1032; Pub. L. 100–180, div. A, title XIII, §§ 1305(a), 1314(b)(4), Dec. 4, 1987, 101 Stat. 1173, 1175; Pub. L. 100–456, div. A, title V, § 515(a)(1), (b), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 102–190, div. A, title V, § 504(d), Dec. 5, 1991, 105 Stat. 1357; Pub. L. 103–160, div. A, title IX, § 931(b), (c)(1), Nov. 30, 1993, 107 Stat. 1734; Pub. L. 103–337, div. A, title X, § 1070(b)(7), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–85, div. A, title V, § 503(a), Nov. 18, 1997, 111 Stat. 1724; Pub. L. 107–107, div. A, title V, §§ 504, 505(c)(1)(A), Dec. 28, 2001, 115 Stat. 1085, 1087; Pub. L. 108–375, div. A, title V, § 501(a)(3)(B), Oct. 28, 2004, 118 Stat. 1873; Pub. L. 109–364, div. A, title V, § 506, Oct. 17, 2006, 120 Stat. 2179; Pub. L. 115–232, div. A, title V, § 505(a), Aug. 13, 2018, 132 Stat. 1742; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(E), Jan. 1, 2021, 134 Stat. 3821; Pub. L. 117–81, div. A, title V, § 502, Dec. 27, 2021, 135 Stat. 1680; Pub. L. 118–31, div. A, title XVII, § 1722(b)(3), Dec. 22, 2023, 137 Stat. 668; Pub. L. 118–159, div. A, title V, §§ 503(b), 505(a)(1), Dec. 23, 2024, 138 Stat. 1868, 1869.) Editorial Notes AMENDMENTS 2024—Subsec. (c)(2)(C). Pub. L. 118–159, § 503(b), in- serted ‘‘or an approved retirement date’’ after ‘‘an es- tablished separation date that is within 90 days after the date the board is convened’’. Subsec. (e)(2)(A). Pub. L. 118–159, § 505(a)(1), inserted ‘‘training,’’ after ‘‘Department,’’ and substituted ‘‘as- signment, education, or training’’ for ‘‘assignment or education’’. Page 603 TITLE 10—ARMED FORCES § 619 2023—Subsec. (a). Pub. L. 118–31 substituted ‘‘or Ma- rine Corps’’ for ‘‘Marine Corps, or Space Force’’ wher- ever appearing. 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’ wherever appearing. Subsec. (a)(2). Pub. L. 117–81, § 502(1), substituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’. Subsec. (a)(4) to (6). Pub. L. 117–81, § 502(2), (3), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2018—Subsec. (d)(6). Pub. L. 115–232, § 505(a)(1), added par. (6). Subsec. (e). Pub. L. 115–232, § 505(a)(2), added subsec. (e). 2006—Subsec. (a)(1)(B). Pub. L. 109–364 substituted ‘‘October 1, 2008’’ for ‘‘October 1, 2005’’. 2004—Subsec. (d)(5). Pub. L. 108–375 added par. (5). 2001—Subsec. (a). Pub. L. 107–107, § 504(b)(1), inserted heading. Subsec. (a)(1)(B). Pub. L. 107–107, § 504(a), inserted ‘‘, except that the minimum period of service in effect under this subparagraph before October 1, 2005, shall be eighteen months’’ before period at end. Subsec. (a)(4). Pub. L. 107–107, § 504(c), substituted ‘‘subparagraph (A)’’ for ‘‘clause (A)’’. Subsec. (b). Pub. L. 107–107, § 504(b)(2), inserted head- ing. Subsec. (c). Pub. L. 107–107, § 504(b)(3), inserted head- ing. Subsec. (d). Pub. L. 107–107, § 504(b)(4), inserted head- ing. Subsec. (d)(4). Pub. L. 107–107, § 505(c)(1)(A), added par. (4). 1997—Subsec. (d). Pub. L. 105–85, § 503(a)(1), sub- stituted ‘‘grade any of the following officers:’’ for ‘‘grade—’’ in introductory provisions. Subsec. (d)(1). Pub. L. 105–85, § 503(a)(2), substituted ‘‘An officer’’ for ‘‘an officer’’ and a period for ‘‘; or’’. Subsec. (d)(2). Pub. L. 105–85, § 503(a)(4), added par. (2). Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 105–85, § 503(a)(3), redesignated par. (2) as (3) and substituted ‘‘An officer’’ for ‘‘an offi- cer’’. 1994—Pub. L. 103–337 made technical correction to di- rectory language of Pub. L. 103–160, § 931(c)(1). See 1993 Amendment note below. 1993—Pub. L. 103–160, § 931(c)(1), as amended by Pub. L. 103–337, inserted ‘‘: time-in-grade and other require- ments’’ in section catchline. Subsec. (e). Pub. L. 103–160, § 931(b), struck out subsec. (e) which specified certain requirements for appoint- ment to grade of brigadier general or rear admiral (lower half). See section 619a of this title. 1991—Subsec. (c)(2). Pub. L. 102–190, § 504(d)(1), added subpar. (A), redesignated subpars. (C) and (D) as (B) and (C) respectively, and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) may, by regulation, prescribe procedures to limit the officers to be considered by a selection board— ‘‘(i) from below the promotion zone; or ‘‘(ii) in the case of a selection board to recommend officers for promotion to the grade of brigadier gen- eral or rear admiral (lower half), to those officers who are determined to be exception- ally well qualified for promotion; ‘‘(B) may, by regulation, prescribe criteria for deter- mining which officers below the promotion zone or in the grades of colonel and, in the case of officers of the Navy, captain are exceptionally well qualified for pro- motion for the purposes of clause (A);’’. Subsec. (c)(3). Pub. L. 102–190, § 504(d)(2), added par. (3). 1988—Subsec. (e)(1). Pub. L. 100–456, § 515(a)(1)(A), sub- stituted ‘‘January 1, 1994’’ for ‘‘January 1, 1992’’ in sec- ond sentence. Subsec. (e)(2)(D), (E). Pub. L. 100–456, § 515(b)(1), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: ‘‘until January 1, 1992, in the case of an officer who served before October 1, 1986, in an assignment (other than a joint duty assignment) that involved significant experience in joint matters (as determined by the Secretary).’’ Subsec. (e)(3)(C). Pub. L. 100–456, § 515(b)(2), sub- stituted ‘‘paragraph (2) (other than under subparagraph (A) of that paragraph)’’ for ‘‘paragraph (2)(B), (2)(C), or (2)(D)’’. Subsec. (e)(5). Pub. L. 100–456, § 515(a)(1)(B), added par. (5). 1987—Subsec. (e)(1). Pub. L. 100–180, § 1305(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘An officer may not be selected for promotion to the grade of brigadier general or rear admiral (lower half) unless the officer has served in a joint duty as- signment.’’ Subsec. (e)(2)(D). Pub. L. 100–180, § 1314(b)(4), sub- stituted ‘‘October 1, 1986,’’ for ‘‘the date of the enact- ment of this subsection’’. 1986—Subsec. (e). Pub. L. 99–433 added subsec. (e). 1985—Subsecs. (a)(2)(B), (c)(2)(A)(ii). Pub. L. 99–145 substituted ‘‘rear admiral (lower half)’’ for ‘‘com- modore’’. 1984—Subsec. (b). Pub. L. 98–525, § 525(a), designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), an officer’’ for ‘‘An officer’’, and added par. (2). Subsec. (c)(2)(D). Pub. L. 98–525, § 525(b), added subpar. (D). Subsec. (d)(2). Pub. L. 98–525, § 529(a), struck out ‘‘Navy or’’ before ‘‘Marine Corps’’ and struck out ‘‘lieu- tenant commander or’’ before ‘‘major’’. 1981—Subsec. (a)(2)(B). Pub. L. 97–86 substituted ‘‘commodore’’ for ‘‘commodore admiral’’. Subsec. (c)(2)(A). Pub. L. 97–22, § 4(c)(1), struck out ‘‘and’’ after ‘‘promotion;’’. Subsec. (c)(2)(A)(ii). Pub. L. 97–86 substituted ‘‘com- modore’’ for ‘‘commodore admiral’’. Subsec. (c)(2)(B). Pub. L. 97–22, § 4(c)(2), substituted ‘‘for the purposes of clause (A); and’’ for the period at end of cl. (B). Subsec. (c)(2)(C). Pub. L. 97–22, § 4(c)(3), added cl. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–375 effective on the first day of the first month beginning more than 180 days after Oct. 28, 2004, see section 501(g) of Pub. L. 108–375, set out as a note under section 531 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title V, § 503(d), Nov. 18, 1997, 111 Stat. 1725, provided that: ‘‘The amendments made by this section [amending this section and section 14301 of this title] shall take effect on the date of the enact- ment of this Act [Nov. 18, 1997] and shall apply with re- spect to selection boards that are convened under sec- tion 611(a), 14101(a), or 14502 of title 10, United States Code, on or after that date.’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 applicable to selection boards convened under section 611(a) of this title after end of 60-day period beginning Dec. 5, 1991, see section 504(e) of Pub. L. 102–190, set out as a note under section 615 of this title. 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. Page 604 TITLE 10—ARMED FORCES § 619a EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this subchapter 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. TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For provisions to prevent extinction or premature termination of rights, duties, penalties, or proceedings that existed or were begun prior to the effective date of Pub. L. 96–513 and otherwise to allow for an orderly transition to the system of officer personnel manage- ment put in place under Pub. L. 96–513, see section 601 et seq. of Pub. L. 96–513, set out as a note under section 611 of this title. § 619a. Eligibility for consideration for pro- motion: designation as joint qualified officer required before promotion to general or flag grade; exceptions (a) GENERAL RULE.—An officer on the active- duty list of the Army, Navy, Air Force, Marine Corps, or Space Force may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been des- ignated as a joint qualified officer in accordance with section 661 of this title. (b) EXCEPTIONS.—Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances: (1) When necessary for the good of the serv- ice. (2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (3) In the case of— (A) a medical officer, dental officer, veteri- nary officer, medical service officer, nurse, or biomedical science officer; (B) a chaplain; or (C) a judge advocate. (4) In the case of an officer selected by a pro- motion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title. (5) In the case of an officer who served in a joint duty assignment that began before Janu- ary 1, 1987, if the officer served in that assign- ment for a period of sufficient duration (which may not be less than 12 months) for the offi- cer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986. (c) WAIVER TO BE INDIVIDUAL.—A waiver may be granted under subsection (b) only on a case- by-case basis in the case of an individual officer. (d) SPECIAL RULE FOR GOOD-OF-THE-SERVICE WAIVER.—In the case of a waiver under sub- section (b)(1), the Secretary shall provide that the first duty assignment as a general or flag of- ficer of the officer for whom the waiver is grant- ed shall be in a joint duty assignment. (e) LIMITATION ON DELEGATION OF WAIVER AU- THORITY.—The authority of the Secretary of De- fense to grant a waiver under subsection (b) (other than under paragraph (1) of that sub- section) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of De- fense, or an Assistant Secretary of Defense. (f) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist. (g) LIMITATION FOR GENERAL AND FLAG OFFI- CERS PREVIOUSLY RECEIVING JOINT DUTY ASSIGN- MENT WAIVER.—A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this sub- section (as in effect before that date) may not be appointed to the grade of lieutenant general or vice admiral until the officer completes a full tour of duty in a joint duty assignment. (Added Pub. L. 103–160, div. A, title IX, § 931(a), Nov. 30, 1993, 107 Stat. 1732; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title V, § 508, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, title V, § 525(a), (b), Dec. 28, 2001, 115 Stat. 1099; Pub. L. 108–375, div. A, title V, § 533, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 110–417, [div. A], title V, § 521(a), (b)(1), Oct. 14, 2008, 122 Stat. 4444; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(F), Jan. 1, 2021, 134 Stat. 3821.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. 2008—Pub. L. 110–417, § 521(b)(1), substituted ‘‘Eligi- bility for consideration for promotion: designation as joint qualified officer required before promotion to gen- eral or flag grade; exceptions’’ for ‘‘Eligibility for con- sideration for promotion: joint duty assignment re- quired before promotion to general or flag grade; excep- tions’’ in section catchline. Subsec. (a). Pub. L. 110–417, § 521(a)(1), substituted ‘‘unless the officer has been designated as a joint quali- fied officer’’ for ‘‘unless— ‘‘(1) the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title); and ‘‘(2) for appointments after September 30, 2008, the officer has been selected for the joint specialty’’. Subsec. (b). Pub. L. 110–417, § 521(a)(2)(A), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of sub- section (a),’’ in introductory provisions. Subsec. (b)(4). Pub. L. 110–417, § 521(a)(2)(B), sub- stituted ‘‘is not less than two years and the officer has successfully completed a program of education de- scribed in subsections (b) and (c) of section 2155 of this title’’ for ‘‘within that immediate organization is not less than two years’’. Subsec. (h). Pub. L. 110–417, § 521(a)(3), struck out heading and text of subsec. (h). Text read as follows: ‘‘An officer of the Navy designated as a qualified nu- clear propulsion officer who before January 1, 1997, is appointed to the grade of rear admiral (lower half) without regard to subsection (a) may not be appointed to the grade of rear admiral until the officer completes a full tour of duty in a joint duty assignment.’’ 2004—Subsec. (a)(2). Pub. L. 108–375, § 533(a), sub- stituted ‘‘September 30, 2008’’ for ‘‘September 30, 2007’’.