10 U.S.C. § 603

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(a) An officer of the Army or Air Force who on the effective date of this Act [Sept. 15, 1981]—“(1) holds the regular grade of first lieutenant, captain, or major; and“(2) has been considered once but not recommended for promotion to the next higher regular grade by a selection board convened under the laws in effect on the day before the effective date of this Act,shall, within one year after the effective date of this Act, be considered for promotion to the next higher regular grade by a selection board convened by the Secretary concerned under the laws in effect on the day before the effective date of this Act.“(b)(1)(A) An officer described in subsection (a) who is recommended for promotion by the selection board which considers him pursuant to such subsection shall be considered to have been recommended for promotion to the next higher regular grade or the grade in which he is serving, whichever grade is higher, by a board convened under section 611(a) of title 10, United States Code, as added by this Act. 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 the preceding sentence who was serving in the temporary grade equivalent to the grade to which he is considered to have been recommended for promotion and who is promoted to that grade is the date of his temporary appointment in that grade.“(2) An officer described in subsection (a) who is not recommended for promotion by such board shall, unless continued on active duty under section 637 of such title, as added by this Act, be retired, if eligible to retire, be discharged, or be continued on active duty until eligible to retire and then be retired, under the laws applicable on the day before the effective date of this Act [Sept. 15, 1981].

Notes of Decisions

Cited in 3 cases, 2004–2016 · leading case: Rear Admiral (Lh) Noel K. Dysart, Med. Corps, U.S. Navy (Ret.) v. United States, 369 F.3d 1303 (Fed. Cir. 2004).

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Rear Admiral (Lh) Noel K. Dysart, Med. Corps, U.S. Navy (Ret.) v. United States, 369 F.3d 1303 (Fed. Cir. 2004). “See 10 U.S.C. § 603 (2000). 2 . DOPMA originally designated this grade as "commodore admiral.”

Khadr v. United States, 62 F. Supp. 3d 1314 (M.C. 2014). “It created the Review Panel and authorized the appointment of military officers, who could be civilians commissioned pursuant to 10 U.S.C. § 603 , as Appellate Military Judges.”

Joshua Marquiz v. Dep't of Def. (MSPB 2016). “Subsequently, President Bush informed Congress on December 17, 2003, that he was invoking another statutory provision, 10 U.S.C. § 603 , which 3 also states that it applies in time of war or national emergency.”

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