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10 U.S.C. § 645 — Definitions

submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 369 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines “promotion zone,” “officers above the promotion zone,” and “officers below the promotion zone” for officers being considered for promotion. The definitions depend on the officer’s grade, service, promotion history, and seniority.

In this chapter: (1) “Promotion zone” means a promotion-eligibility category made up of officers on an active-duty list who are in the same grade and competitive category and—(A) meet the following conditions: (i) For officers below colonel in the Army, Air Force, Marine Corps, or Space Force, or below captain in the Navy, they have neither (I) failed to be selected for promotion to the next higher grade nor (II) been removed from a list of officers recommended for promotion to that grade, unless they were put on that list after being selected from below the promotion zone. (ii) For officers who are colonels or brigadier generals in the Army, Air Force, Marine Corps, or Space Force, or captains or rear admirals (lower half) in the Navy, they have neither (I) not been recommended for promotion to the next higher grade when considered in the promotion zone nor (II) been removed from a list of officers recommended for promotion to that grade, unless they were put on that list after being selected from below the promotion zone; and (B) are senior to the officer whom the Secretary of the military department concerned designates as the junior officer in the promotion zone who is eligible for consideration for promotion to the next higher grade. (2) “Officers above the promotion zone” means a group of officers on an active-duty list who are in the same grade and competitive category and who (A) are eligible for consideration for promotion to the next higher grade; (B) are in the same grade as the officers in the promotion zone for that competitive category; and (C) are senior to the senior officer in the promotion zone for that competitive category. (3) “Officers below the promotion zone” means a group of officers on an active-duty list who are in the same grade and competitive category and who (A) are eligible for consideration for promotion to the next higher grade; (B) are in the same grade as the officers in the promotion zone for that competitive category; and (C) are junior to the junior officer in the promotion zone for that competitive category. This section does not define “active-duty list,” “grade,” or “competitive category.”

the actual law source: uscode.house.gov ↗public domain

In this chapter:

(1)

The term “promotion zone” means a promotion 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 neither (I) failed of selection for promotion to the next higher grade, nor (II) been removed 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 promotion to the next higher grade when considered in the promotion zone, nor (II) been removed 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); and

(B)

are senior to the officer designated by the Secretary of the military department concerned to be the junior officer in the promotion 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 promotion 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 category.

(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 promotion to the next higher grade;

(B)

are in the same grade as the officers in the promotion zone for that competitive category; and

(C)

are junior to the junior officer in the promotion zone for that competitive category.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-513 · 94 Stat. 2867
  • 1981Amended · Pub. L. 97-86 · 95 Stat. 1105
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2528
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 628
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 115
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1881

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.

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