10 U.S.C. § 649c — Eligibility for consideration for promotion

1. (a)In GeneralExcept as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.
2. (b)Inapplicability of Certain Time-in-grade RequirementsParagraphs (2) through (4) 1 See References in Text note below. of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).
3. (c)Inapplicability to Officers Above and Below Promotion ZoneThe following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):
   1. (1)The reference in paragraph (1) of that section to an officer above the promotion zone.
   2. (2)Paragraph (2)(A) of that section.
4. (d)Inapplicability of Requirement Relating to Opportunities for Consideration for PromotionSection 645(1)(A)(i)(I) of this title shall not apply to the promotion of officers described in subsection (a) to the extent that such section is inconsistent with a number of opportunities for promotion specified pursuant to section 649d of this title.
5. (e)Ineligibility of Certain OfficersThe following officers are not eligible for promotion under this subchapter:
   1. (1)An officer described in section 619(d) of this title.
   2. (2)An officer not included within the promotion zone.
   3. (3)An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.
   4. (4)An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.