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 II— PROMOTIONS

10 U.S.C. § 626

Acceptance of promotions; oath of office

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(a) An officer who is appointed to a higher grade under section 624 of this title is considered to have accepted such appointment on the date on which the appointment is made unless he expressly declines the appointment.(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 624 of this title.(Added Pub. L. 96–513, title I, § 105, Dec. 12, 1980, 94 Stat. 2858.)Statutory Notes and Related SubsidiariesEffective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

Notes of Decisions
Cited in 3 cases, 2004–2006 · 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). “” 10 U.S.C. § 626 (a). The Secretary concerned determines the date of the appointment, pursuant to 10 U.”
Matthew E. Levine v. United States, 453 F.3d 1348 (Fed. Cir. 2006). “§ 611 , Congress included a provision applicable to his situation: 10 U.S.C. § 626 (a). For the purpose of computing the years of service for pay and allowances of an officer of the Army, Navy, Air Force, or Marine Corps, including retired pay, severance pay, readjustment pay,…”
Levine v. United States (Fed. Cir. 2006). “§611 , Congress included a provision applicable to his situation: 10 U.S.C. §626 (a). For the purpose of computing the years of service for pay and allowances of an officer of the Army, Navy, Air Force, or Marine Corps, including retired pay, severance pay, readjustment pay,…”
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