Title 10 — Armed ForcesRelease 119-73

§649d Opportunities for consideration for promotion

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 36— - PROMOTION, SEPARATION, AND INVOLUNTARY RETIREMENT OF OFFICERS ON THE ACTIVE-DUTY LIST › Subchapter SUBCHAPTER VI— - ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES › § 649d

Last updated Apr 6, 2026|Official source

Summary

When a military department creates a competitive promotion category, the Secretary must say how many times officers can be considered for promotion to each rank above first lieutenant (or lieutenant, junior grade). The Secretary can change those numbers no more than once every five years, while the Secretary of Defense can change them at any time. The number of consideration opportunities cannot be more than five. If a cut in the number would take away an officer’s existing chance(s), that officer must be given one extra chance after the cut.

Full Legal Text

Title 10, §649d

Armed Forces — Source: USLM XML via OLRC

(a)In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.

(b)The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.

(c)The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.

(d)The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.

(e)If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

Reference

Citations & Metadata

Citation

10 U.S.C. § 649d

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73