10 U.S.C. § 627
Failure of selection for promotion
An officer in a grade below the grade of colonel or, in the case of an officer of the Navy, captain who is in or above the promotion zone established for his grade and competitive category under section 623 of this title and is considered but not selected for promotion by a selection board convened under section 611(a) of this title shall be considered to have failed of selection for promotion.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1985–2022 · leading case: Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006).
Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006). “10 U.S.C. §§ 627 , 14051. The military may convene a special selection board for officers who were erroneously not considered by a promotion selection board, or who were considered but did not receive lawful or proper consideration.”
Gregory C. Porter v. United States, 163 F.3d 1304 (Fed. Cir. 1999). “See 10 U.S.C. §§ 627 , 631 (1994); Air Force Reg.”
Ronald J. Cornetta v. The United States of Am. & John Lehman, Sec'y of the Navy, 851 F.2d 1372 (Fed. Cir. 1988). “See 10 U.S.C. §§ 627 , 632. Soon thereafter, Cornetta was passed over for promotion again and was considered to have been twice passed over.”
Stewart v. Stackley, 251 F. Supp. 3d 138 (D.D.C. 2017). “” 10 U.S.C. § 627 . If an officer “has failed of selection for promotion” two times, that officer is at risk of discharge.”
Galvin v. Harker, No. 2021-1813 (D.D.C. Feb. 18, 2022). “10 U.S.C. § 627 ; see Gov’t Mot. at 3 n.2.”
Burke v. United States, 8 Cl. Ct. 75 (Ct. Cl. 1985). “See also 10 U.S.C. §§ 627 et seq. (1982). . Plaintiff was appointed a first lieutenant in the Regular Air Force April 5, 1973.”
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