§ 619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions

(a)General Rule.— An officer on the active-duty list of the Army, Navy, Air Force, or Marine Corps may not be appointed to the grade of brigadier general or rear admiral (lower half) unless the officer has been designated as a joint qualified officer in accordance with section 661 of this title.

(b)Exceptions.— Subject to subsection (c), the Secretary of Defense may waive subsection (a) in the following circumstances:

(1) When necessary for the good of the service.

(2) In the case of an officer whose proposed selection for promotion is based primarily upon scientific and technical qualifications for which joint requirements do not exist.

(3) In the case of—

(A) a medical officer, dental officer, veterinary officer, medical service officer, nurse, or biomedical science officer;

(B) a chaplain; or

(C) a judge advocate.

(4) In the case of an officer selected by a promotion board for appointment to the grade of brigadier general or rear admiral (lower half) while serving in a joint duty assignment if the officer’s total consecutive service in joint duty assignments is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title.

(5) In the case of an officer who served in a joint duty assignment that began before January 1, 1987, if the officer served in that assignment for a period of sufficient duration (which may not be less than 12 months) for the officer’s service to have been considered a full tour of duty under the policies and regulations in effect on September 30, 1986.

(c)Waiver To Be Individual.— A waiver may be granted under subsection (b) only on a case-by-case basis in the case of an individual officer.

(d)Special Rule for Good-of-the-Service Waiver.— In the case of a waiver under subsection (b)(1), the Secretary shall provide that the first duty assignment as a general or flag officer of the officer for whom the waiver is granted shall be in a joint duty assignment.

(e)Limitation on Delegation of Waiver Authority.— The authority of the Secretary of Defense to grant a waiver under subsection (b) (other than under paragraph (1) of that subsection) may be delegated only to the Deputy Secretary of Defense, an Under Secretary of Defense, or an Assistant Secretary of Defense.

(f)Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section. The regulations shall specifically identify for purposes of subsection (b)(2) those categories of officers for which selection for promotion to brigadier general or, in the case of the Navy, rear admiral (lower half) is based primarily upon scientific and technical qualifications for which joint requirements do not exist.

(g)Limitation for General and Flag Officers Previously Receiving Joint Duty Assignment Waiver.— A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this subsection (as in effect before that date) may not be appointed to the grade of lieutenant general or vice admiral until the officer completes a full tour of duty in a joint duty assignment.

(Added Pub. L. 103–160, div. A, title IX, § 931(a), Nov. 30, 1993, 107 Stat. 1732; amended Pub. L. 104–106, div. A, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title V, § 508, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–107, div. A, title V, § 525(a), (b), Dec. 28, 2001, 115 Stat. 1099; Pub. L. 108–375, div. A, title V, § 533, Oct. 28, 2004, 118 Stat. 1901; Pub. L. 110–417, [div. A], title V, § 521(a), (b)(1), Oct. 14, 2008, 122 Stat. 4444.)

Amendments

Amendments

2008—Pub. L. 110–417, § 521(b)(1), substituted “Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions” for “Eligibility for consideration for promotion: joint duty assignment required before promotion to general or flag grade; exceptions” in section catchline.

Subsec. (a). Pub. L. 110–417, § 521(a)(1), substituted “unless the officer has been designated as a joint qualified officer” for “unless—

“(1) the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title); and

“(2) for appointments after September 30, 2008, the officer has been selected for the joint specialty”.

Subsec. (b). Pub. L. 110–417, § 521(a)(2)(A), substituted “subsection (a)” for “paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a),” in introductory provisions.

Subsec. (b)(4). Pub. L. 110–417, § 521(a)(2)(B), substituted “is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title” for “within that immediate organization is not less than two years”.

Subsec. (h). Pub. L. 110–417, § 521(a)(3), struck out heading and text of subsec. (h). Text read as follows: “An officer of the Navy designated as a qualified nuclear propulsion officer who before January 1, 1997, is appointed to the grade of rear admiral (lower half) without regard to subsection (a) may not be appointed to the grade of rear admiral until the officer completes a full tour of duty in a joint duty assignment.”

2004—Subsec. (a)(2). Pub. L. 108–375, § 533(a), substituted “September 30, 2008” for “September 30, 2007”.

Subsec. (b)(4). Pub. L. 108–375, § 533(b), substituted “if the officer’s” for “if—

“(A) at least 180 days of that joint duty assignment have been completed on the date of the convening of that selection board; and

“(B) the officer’s”.

2001—Subsec. (a). Pub. L. 107–107, § 525(a), substituted “unless—” and pars. (1) and (2) for “unless the officer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) of this title).”

Subsec. (b). Pub. L. 107–107, § 525(b), in introductory provisions, substituted “may waive paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), in the following circumstances:” for “may waive subsection (a) in the following circumstances:”.

1999—Subsec. (g). Pub. L. 106–65, § 508(a), amended heading and text of subsec. (g) generally. Prior to amendment, subsec. (g) authorized the Secretary until Jan. 1, 1999, to waive subsecs. (a) and (d) for certain officers and contained restrictions on appointments of those officers.

Subsec. (h). Pub. L. 106–65, § 508(b), substituted “An officer of the Navy” for “(1) Until January 1, 1997, an officer of the Navy” and “who before January 1, 1997, is” for “may be” and struck out “. An officer so appointed” before “may not be appointed” and par. (2) which read as follows: “Not later than March 1 of each year from 1994 through 1997, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives a report on the implementation during the preceding calendar year of the transition plan developed by the Secretary pursuant to section 1305(b) of Public Law 100–180 (10 U.S.C. 619a note) with respect to service by qualified nuclear propulsion officers in joint duty assignments.”

1996—Subsec. (h)(2). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Miscellaneous

Proposed Legislative Changes

Pub. L. 107–107, div. A, title V, § 525(c), Dec. 28, 2001, 115 Stat. 1099, directed the Secretary of Defense to submit to Congress, not later than Dec. 1, 2002, a draft proposal for such legislative changes to this section as the Secretary considered were needed to implement the amendment made to this section by section 525(a), (b) of Pub. L. 107–107.

Report on Plans for Compliance

Pub. L. 103–160, div. A, title IX, § 931(d), Nov. 30, 1993, 107 Stat. 1734, directed the Secretary of Defense to certify to Congress, not later than Feb. 1, 1994, that the Army, Navy, Air Force, and Marine Corps had each developed and implemented a plan for officer personnel assignment and promotion policies so as to ensure compliance with the requirements of this section, and provided that each such plan should ensure that by Jan. 1, 1999, the service covered by the plan would have enough officers who had completed a full tour of duty in a joint duty assignment so as to permit the orderly promotion of officers to brigadier general or, in the case of the Navy, rear admiral (lower half).

Plan for Service by Qualified Nuclear Propulsion Officers in Joint Duty Assignments by January 1, 1997; Implementation; Report

Pub. L. 103–160, div. A, title IX, § 931(f)(2), Nov. 30, 1993, 107 Stat. 1734, as amended by Pub. L. 103–337, div. A, title X, § 1070(b)(8)(A), Oct. 5, 1994, 108 Stat. 2857, directed the Secretary of Defense to revise the transition plan developed pursuant to Pub. L. 100–180, § 1305(b), formerly set out below, and to report on the revisions.

Pub. L. 100–456, div. A, title V, § 515(a)(3), Sept. 29, 1988, 102 Stat. 1970, directed the Secretary of Defense to revise the transition plan developed pursuant to Pub. L. 100–180, § 1305(b), formerly set out below, and to report on the revisions.

Pub. L. 100–180, div. A, title XIII, § 1305(b)–(d), Dec. 4, 1987, 101 Stat. 1173, 1174, as amended by Pub. L. 100–456, div. A, title V, § 515(a)(2), Sept. 29, 1988, 102 Stat. 1970; Pub. L. 103–160, div. A, title IX, § 931(f)(1), (3), Nov. 30, 1993, 107 Stat. 1734; Pub. L. 103–337, div. A, title X, § 1070(b)(8), Oct. 5, 1994, 108 Stat. 2857, directed the Secretary of Defense to develop and carry out a transition plan, to be implemented no later than six months after Dec. 4, 1987, for ensuring that during the period before Jan. 1, 1997, the maximum practicable number of officers of the Navy who were qualified nuclear propulsion officers had served in joint duty assignments and that by Jan. 1, 1997, the maximum practicable number of qualified nuclear propulsion officers in the grade of captain had qualified for appointment to the grade of rear admiral (lower half) by completing a full tour of duty in a joint duty assignment, and directed the Secretary to submit to committees of Congress on the date on which the plan was implemented a copy of the plan and a report explaining how the plan had fulfilled objectives.