§605 — Title 10 Armed Forces | U.S. Code

Summary

Lets officers in certain mid-level ranks get a temporary higher rank when their service needs a special skill that is in short supply. It applies to Army, Air Force, Marine Corps, and Space Force officers who are first lieutenant, captain, major, or lieutenant colonel, and to Navy officers who are lieutenant (junior grade), lieutenant, lieutenant commander, or commander. They can be temporarily promoted to the next higher ranks (Army/Air Force/Marine Corps/Space Force: captain, major, lieutenant colonel, or colonel; Navy: lieutenant, lieutenant commander, commander, or captain). The President makes the appointment and the Senate must approve it. The service secretary must say the skill is critically short and that the officer is in a job set for the higher rank and that the job needs that skill. A board of officers chosen by the service secretary must recommend the appointment. The temporary promotion does not change the officer’s permanent status or hurt future promotions. If not declined, the appointment is treated as accepted on its start date and the officer gets pay at the higher rank from that date. The temporary rank ends when the officer is promoted to the permanent grade or leaves the designated job (unless the officer is on a permanent promotion list, in which case it ends when promoted). The number of jobs that can be filled this way is limited: Army — captain 120, major 350, lieutenant colonel 200, colonel 100; Air Force — captain 95, major 305, lieutenant colonel 165, colonel 75; Space Force — captain 5, major 20, lieutenant colonel 10, colonel 5; Marine Corps — captain 50, major 175, lieutenant colonel 100, colonel 50; Navy — lieutenant 100, lieutenant commander 425, commander 175, captain 80.

Title 10, §605

Armed Forces — Source: USLM XML via OLRC

(a)An officer in the grade of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.

(b)An officer described in this subsection is any officer in a grade specified in subsection (a) who—

(1)has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and

(2)is serving in a position (as determined by the Secretary of the military department concerned) that—

(A)is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and

(B)requires that an officer serving in such position have the skill possessed by such officer.

(c)An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.

(d)A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions.

(e)Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.

(f)Unless sooner terminated, an appointment under this section terminates—

(1)on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy; or

(2)on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade.

(g)An appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following:

(1)In the case of the Army—

(A)as captain, 120;

(B)as major, 350;

(C)as lieutenant colonel, 200; and

(D)as colonel, 100.

(2)In the case of the Air Force—

(A)as captain 95;

(B)as major, 305;

(C)as lieutenant colonel, 165; and

(D)as colonel, 75.

(3)In the case of the Space Force—

(A)as captain, 5;

(B)as major, 20;

(C)as lieutenant colonel, 10; and

(D)as colonel, 5.

(4)In the case of the Marine Corps—

(A)as captain, 50;

(B)as major, 175;

(C)as lieutenant colonel, 100; and

(D)as colonel, 50.

(5)In the case of the Navy—

(A)as lieutenant, 100;

(B)as lieutenant commander, 425;

(C)as commander, 175; and

(D)as captain, 80.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pub. L. 118–31, § 1716(d)(1), substituted “Marine Corps, or Space Force,” for “or Marine Corps,” wherever appearing. Subsec. (g)(2) to (4). Pub. L. 118–31, § 1716(d)(2), added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “In the case of the Air Force— “(A) as captain, 100; “(B) as major, 325; “(C) as lieutenant colonel, 175; and “(D) as colonel, 80.” Former par. (4) redesignated (5). Subsec. (g)(4)(B). Pub. L. 118–31, § 505, substituted “425” for “325”. Subsec. (g)(5). Pub. L. 118–31, § 1716(d)(2), redesignated par. (4) as (5).

§605 Promotion to Certain Grades for Officers with Critical Skills: Colonel, Lieutenant Colonel, Major, Captain; Captain, Commander, Lieutenant Commander, Lieutenant

Summary

Title 10, §605

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata