Title 10Armed ForcesRelease 119-73

§649f Failure of selection 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 › § 649f

Last updated Apr 6, 2026|Official source

Summary

Apply the promotion rules in sections 627 through 632 to officers placed in the competitive categories for this part of the law, but with some exceptions. Any rule in section 627 or in section 628(a)(1) that talks about an officer being "above the promotion zone" does not apply to these officers. When running the promotion process for these officers, do not count an officer as having failed promotion twice until the officer has used up the maximum number of promotion tries allowed for that grade under section 649d. Any place in sections 631(a) or 632(a) that says an officer failed promotion "for the second time" should instead be read to mean the officer failed the maximum number of times allowed under section 649d.

Full Legal Text

Title 10, §649f

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.
(b)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)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 subsection (a).
(d)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 selection of promotion to the next higher grade the maximum number of times specified for opportunities 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 selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.

Reference

Citations & Metadata

Citation

10 U.S.C. § 649f

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73