Title 10Armed ForcesRelease 119-73

§604 Senior joint officer positions: recommendations to the Secretary of Defense

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 35— - TEMPORARY APPOINTMENTS IN OFFICER GRADES › § 604

Last updated Apr 6, 2026|Official source

Summary

When a listed job is open or will soon be open, the Secretary of Defense must get candidate names from each service. The Secretary of the Army must send at least one Army officer. The Secretary of the Navy must send at least one Navy officer and at least one Marine Corps officer. The Secretary of the Air Force must send at least one Air Force officer and at least one Space Force officer. The Chairman of the Joint Chiefs can also send one or more extra names. The Chairman must give the Secretary of Defense a performance review for every officer named by the services and for any extra officers the Chairman sends. The review should mainly focus on how the officer did on the Joint Staff and in other joint duty jobs, but may include other performance points. This rule applies to commanders of combatant commands and to the Commander, United States Forces, Korea.

Full Legal Text

Title 10, §604

Armed Forces — Source: USLM XML via OLRC

(a)(1)Whenever a vacancy occurs, or is anticipated to occur, in a position specified in subsection (b)—
(A)the Secretary of Defense shall require the Secretary of the Army to submit the name of at least one Army officer, the Secretary of the Navy to submit the name of at least one Navy officer and the name of at least one Marine Corps officer, and the Secretary of the Air Force to submit the name of at least one Air Force officer and the name of at least one Space Force officer for consideration by the Secretary for recommendation to the President for appointment to that position; and
(B)the Chairman of the Joint Chiefs of Staff may submit to the Secretary of Defense the name of one or more officers (in addition to the officers whose names are submitted pursuant to subparagraph (A)) for consideration by the Secretary for recommendation to the President for appointment to that position.
(2)Whenever the Secretaries of the military departments are required to submit the names of officers under paragraph (1)(A), the Chairman of the Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that paragraph (and of any officer whose name the Chairman submits to the Secretary under paragraph (1)(B) for consideration for the same vacancy). The Chairman’s evaluation shall primarily consider the performance of the officer as a member of the Joint Staff and in other joint duty assignments, but may include consideration of other aspects of the officer’s performance as the Chairman considers appropriate.
(b)Subsection (a) applies to the following positions:
(1)Commander of a combatant command.
(2)Commander, United States Forces, Korea.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(1)(A). Pub. L. 116–283 inserted “and the name of at least one Space Force officer” after “Air Force officer”. 2016—Subsec. (b)(3). Pub. L. 114–328 struck out par. (3) which read as follows: “Deputy commander, United States European Command, but only if the commander of that command is also the Supreme Allied Commander, Europe.” 2003—Subsec. (c). Pub. L. 108–136 struck out heading and text of subsec. (c). Text read as follows: “This section shall cease to be effective at the end of
December 31, 2004.” 2002—Subsec. (c). Pub. L. 107–314 substituted “
December 31, 2004” for “
September 30, 2003”. 1999—Subsec. (c). Pub. L. 106–65 substituted “
September 30, 2003” for “
September 30, 2000”. 1996—Subsec. (c). Pub. L. 104–201 substituted “
September 30, 2000” for “
September 30, 1997”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 604

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73