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 time shall be deemed to refer in- stead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum num- ber of times specified for opportunities for pro- motion to such grade within the competitive category concerned pursuant to such section 649d. (Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1746.) § 649g. Retirement: retirement for years of serv- ice; selective early retirement (a) RETIREMENT FOR YEARS OF SERVICES.—Sec- tions 633 through 636 of this title shall apply to the retirement of officers in competitive cat- egories of officers designated for purposes of this subchapter. (b) SELECTIVE EARLY RETIREMENT.—Sections 638 and 638a of this title shall apply to the re- tirement of officers described in subsection (a). (Added Pub. L. 115–232, div. A, title V, § 507(a)(1), Aug. 13, 2018, 132 Stat. 1747.) § 649h. Continuation on active duty (a) IN GENERAL.—An officer subject to dis- charge or retirement pursuant to this sub- chapter may, subject to the needs of the service, be continued on active duty if the officer is se- lected for continuation on active duty in accord- ance with this section by a selection board con- vened under section 611(b) of this title. (b) IDENTIFICATION OF POSITIONS FOR OFFICERS CONTINUED ON ACTIVE DUTY.— (1) IN GENERAL.—Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions iden- tified by the Secretary of the military depart- ment concerned for which vacancies exist or are anticipated to exist. (2) IDENTIFICATION.—Before convening a se- lection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military depart- ment concerned shall specify for purposes of the board the positions identified by the Sec- retary to which officers selected for continu- ation on active duty may be assigned. (c) RECOMMENDATION FOR CONTINUATION.—A se- lection board may recommend an officer for con- tinuation on active duty pursuant to this sec- tion only if the board determines that the offi- cer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions. (d) APPROVAL OF SECRETARY OF MILITARY DE- PARTMENT.—Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department con- cerned. (e) NONACCEPTANCE OF CONTINUATION.—An offi- cer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title. (f) PERIOD OF CONTINUATION.— (1) IN GENERAL.—An officer continued on ac- tive duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Sec- retary of the military department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned. (2) ADDITIONAL CONTINUATION.—An officer whose continued service pursuant to this sec- tion would otherwise expire pursuant to para- graph (1) may be continued on active duty if selected for continuation on active duty in ac- cordance with this section before the date of expiration pursuant to that paragraph. (g) EFFECT OF EXPIRATION OF CONTINUATION.— Each officer continued on active duty pursuant to this subsection who is not selected for con- tinuation on active duty pursuant to subsection (f)(2) at the completion of the officer’s term of continued service shall, unless sooner dis- charged or retired under another provision of law— (1) be discharged upon the expiration of the term of continued service; or