Page:United States Statutes at Large Volume 94 Part 3.djvu/213

 PUBLIC LAW 96-513—DEC. 12, 1980

94 STAT. 2857

10 USC 624. "§624. Promotions: how made "(a)(1) When the report of a selection board convened under section 611(a) of this title is approved by the President, or in the case of officers selected for promotion to the grade of first lieutenant or lieutenant (junior grade), when a list of officers selected for promotion is approved by the President, the Secretary of the military department concerned shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the active-duty list. "(2) Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. "(b)(1) A regular officer who is promoted under this section is appointed in the regular grade to which promoted and a reserve officer who is promoted under this section is appointed in the reserve grade to which promoted. "(2) The date of rank of an officer appointed to a higher grade under Post, p. 2869. this section is determined under section 741(d) of this title. "(c) Appointments under this section shall be made by the Presi- Presidential dent, by and with the advice and consent of the Senate, except that appointment. appointments in the grade of first lieutenant or lieutenant (junior grade) under this section shall be made by the President alone. "(d)(1) The Secretary concerned may delay the appointment of an Appointment delay. officer under this section if— "(A) sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and such charges have not been disposed of; "(B) an investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer; "(C) a board of officers has been convened under chapter 60 of this title to review the record of the officer; or "(D) a criminal proceeding in a Federal or State court is pending against the officer. If no disciplinary action is taken against the officer, if the charges Retention on list. against the officer are withdrawn or dismissed, if the officer is not ordered removed from active duty by the Secretary concerned under chapter 60 of this title, or if the officer is acquitted of the charges Post, p. 2872. brought against him, as the case may be, the officer shall be retained on the promotion list and shall, upon promotion to the next higher grade, have the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the active-duty list as he would have had if no delay had intervened. "(2) The Secretary concerned may also delay the appointment of an officer to the next higher grade under this section in any case in which the Secretary finds that there is cause to believe that the officer is mentally, physically, morally, or professionally unqualified to perform the duties of the grade for which he was selected for promotion. If the Secretary concerned later determines that the officer is qualified for promotion to such grade, the officer shall, upon such promotion, have the same date of rank, the same effective date

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