U.S. Code » 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 I— SELECTION BOARDS › Part “Part A— Transition Provisions Relating Only to the Army and Air Force

10 U.S.C. § 601

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(a) Except as provided in sections 603 and 604, any regular officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981, except as otherwise provided in section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title] is on active duty and—“(1) is serving in a temporary grade below lieutenant general that is higher than his regular grade;“(2) is on a list of officers recommended for promotion to a temporary grade below lieutenant general; or“(3) is on a list of officers recommended for promotion to a regular grade higher than the grade in which he is serving;shall be considered to have been recommended by a board convened under section 611(a) of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be.“(b) An officer referred to in clause (1) of subsection (a) who is not promoted to the grade to which he is considered under such subsection to have been recommended for promotion because his name is removed from a list of officers who are considered under such subsection to have been recommended for promotion shall be considered under chapter 36 of title 10, United States Code, as added by this Act, for promotion to the regular grade equivalent to the temporary grade in which he was serving on the effective date of this Act [Sept. 15, 1981] as if he were serving in his regular grade.“(c) Notwithstanding section 741(d) of title 10, United States Code, as added by this Act, the date of rank of an officer referred to in subsection (a)(1) who is promoted to the temporary grade in which he is serving on the effective date of this Act [Sept. 15, 1981] is the date of his temporary appointment in that grade.“(d)(1) Any delay of a promotion of an officer referred to in clause (2) or (3) of subsection (a) that was in effect on September 14, 1981, under the laws and regulations in effect on such date shall continue in effect on and after September 15, 1981, as if such promotion had been delayed under section 624(d) of title 10, United States Code, as added by this Act.“(2) Any action to remove from a promotion list the name of an officer referred to in clause (2) or (3) of subsection (a) that was initiated before September 15, 1981, under the laws and regulations in effect before such date shall continue on and after such date as if such removal action had been initiated under section 629 of title 10, United States Code, as added by this Act.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2023 · leading case: United States v. Ortiz, 76 M.J. 189 (C.A.A.F. 2017).
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United States v. Ortiz, 76 M.J. 189 (C.A.A.F. 2017). “At any given time, therefore, the Court’s judges may have very little to do”), Just as military officers on active duty hold three- and four-star ranks only while assigned to billets carrying those ranks, see 10 U.S.C. § 601 (2012), so Colonel Mitchell and the others similarly…”
United States v. Sergeant ROBERT B. BERGDAHL (A.C.C.A. 2019). “See 10 U.S.C. § 601 . 11 BERGDAHL—ARMY 20170582 Applying the Boyce framework, the military judge ultimately concluded that the government met its burden to show no intolerable strain “and that an objective, disinterested observer, fully informed of all the facts and…”
BAE Sys. San Diego Ship Repair Inc. v. United States (S.D. Cal. 2023). “” 10 U.S.C. § 601 . 23 In June 2020, Vice Admiral William Galinis assumed command as the 45th Commander 24 of Naval Sea Systems Command.”
Promotions of Judge Advocates Gen. Under Section 543 of the Nat'l Def. Authorization Act for Fiscal Year 2008 (OLC 2008). “” 10 U.S.C. § 601 (a) (2000). The express distinction in section 601 between the “assign[ment]” to the “position” in question and the “appoint[ment]” to the specified officer “grade” associated with that position reflects the traditional understanding that the officer’s…”
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