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 B— Transition Provisions Relating Only to the Navy and Marine Corps

10 U.S.C. § 611

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(a) Subject to subsection (b), any regular officer of the Navy or Marine Corps, and any reserve officer of the Navy and Marine Corps who on the effective date of this Act [Sept. 15, 1981] is subject to placement on the active-duty list, who on the effective date of this Act—“(1) is serving on active duty in a temporary grade below vice admiral or lieutenant general that is higher than his permanent grade; or“(2) is on a promotion list,shall be considered to have been recommended for promotion to the permanent grade equivalent to the grade in which he is serving or for which he has been recommended for promotion, as the case may be, by a board convened under section 611(a) of title 10, United States Code, as added by this Act.“(b) This section does not apply to an officer—“(1) serving in a temporary grade which, by its own terms, is limited in duration;“(2) designated for limited duty in a grade to which he was appointed under section 5596 [now 8146] of title 10, United States Code, before the effective date of this Act [Sept. 15, 1981]; or“(3) recommended for promotion or promoted to a grade under section 5787 of such title, as in effect before the effective date of this Act.“(c)(1) Any delay of a promotion of an officer referred to in clause (2) 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) of subsection (a) which 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 58 cases (6 in the last 5 years), 1984–2026 · leading case: In Re: Gordon R. England, Sec'y of the Navy, 375 F.3d 1169 (D.C. Cir. 2004).
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In Re: Gordon R. England, Sec'y of the Navy, 375 F.3d 1169 (D.C. Cir. 2004). · cites it 4× “See 10 U.S.C. § 611 (a). Continuation on active duty decisions occur when the needs of the Navy require the selection of certain officers — otherwise subject to discharge or retirement for failing to be promoted to the next rank — to continue on active duty for an established…”
Baude v. United States, 955 F.3d 1290 (Fed. Cir. 2020). · cites it 3× “10 U.S.C. §§ 611 (a), 628(k). If that officer is twice passed over for promotion, he is typi- cally discharged.”
Rear Admiral (Lh) Noel K. Dysart, Med. Corps, U.S. Navy (Ret.) v. United States, 369 F.3d 1303 (Fed. Cir. 2004). · cites it 2× “See 10 U.S.C. § 611 (a) (Supp. I 2001). The board submits its recommendations in a written report to the Secretary of the appropriate military branch.”
Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006). “at 35-36 ; 10 U.S.C. §§ 611 , 14101. Any officer a promotion selection board considers but does not recommend for promotion is deemed to have “failed of selection” (FOS) to the higher grade.”
Santana v. United States, 127 Fed. Cl. 51 (Fed. Cl. 2016). · cites it 4× “See 10 U.S.C. § 611 (a). If a selection board does not select a lieutenant commander twice, the officer will typically be discharged.”
In Re: Navy Chaplaincy, 306 F.R.D. 33 (D.D.C. 2014). · cites it 3× “3d at 1172 (citing 10 U.S.C. § 611 (a)). If a chaplain is considered but not selected for promotion to the next higher rank, he or she is said to have “failed *40 of selection.”
Chaplaincy of Full Gospel Churches v. England, 234 F.R.D. 7 (D.D.C. 2006). · cites it 6× “§ 618 (f)’s Bar to Discovery of Proceedings of Promotion Boards Convened Under 10 U.S.C. § 611 (a) Can Not Apply to Selective Early Retirement and Continuation Boards Convened Under 10 U.”
In Re: Navy Chaplaincy, 170 F. Supp. 3d 21 (D.D.C. 2016). · cites it 3× “3d at 1172 (citing 10 U.S.C. § 611 (a)). If an officer is considered but not selected for a promotion, he or she is said to have “failed of selection” (“FOS”).”
Grier v. Grier, 731 S.W.2d 931 (Tex. 1987). · cites it 2× “§ 3297 (1959) (recodified at 10 U.S.C. § 611 et seq. [1983]). Based on their reviews, the Selection Boards, which utilize a point system in evaluating the file of a military member, make promotion recommendations to the service secretary.”
Robert F. Christian, II v. United States, 337 F.3d 1338 (Fed. Cir. 2003). “In 1992, the Secretary of the Army (“Secretary”) convened a Selective Early Retirement Board (“Retirement Board”), pursuant to 10 U.S.C. §§ 611 , 638, to recommend Army lieutenant colonels for involuntary early retirement.”
In Re Navy Chaplaincy, 850 F. Supp. 2d 86 (D.D.C. 2012). · cites it 2× “Compare 10 U.S.C. § 611 (a) with 10 U.S.C. § 611 (a)-(c).”
Felix E. Perez v. United States, 156 F.3d 1366 (Fed. Cir. 1998). “at 135 (codified at 10 U.S.C. § 611 note (1994) (Savings Provision for Retired Grade of Certain Reserve Officers)) (emphasis added).”
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— 10 U.S.C. § 611(a) — 2 cases
Miller v. Dep't of the Navy, 383 F. Supp. 2d 5 (D.D.C. 2005).
Pedden v. United States (Fed. Cl. 2019).
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