--- kind: "section" citation: "10 U.S.C. § 605" title: "10" title_heading: "Armed Forces" number: "605" heading: "Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant" release: "119-102" url: "https://uscodex.org/usc/10/605" units: - "Subtitle A — General Military Law" - "Part II — Personnel" - "Chapter 35 — Temporary Appointments in Officer Grades" --- # §605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant - (a) **In General.—** An [officer](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of first lieutenant, captain, major, or lieutenant colonel in the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant (junior [grade](/usc/10/101.md?p=b-7)), lieutenant, lieutenant commander, or commander in the Navy, who is described in [subsection (b)](#b) may be temporarily promoted to the [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate. - (b) **Covered Officers.—** An [officer](/usc/10/101.md?p=b-1) described in this subsection is any [officer](/usc/10/101.md?p=b-1) in a [grade](/usc/10/101.md?p=b-7) specified in [subsection (a)](#a) who— - (1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned); and - (2) is serving in a position (as determined by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned) that— - (A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and - (B) requires that an [officer](/usc/10/101.md?p=b-1) serving in such position have the skill possessed by such [officer](/usc/10/101.md?p=b-1). - (c) **Preservation of Position and Status of Officers Appointed.—** An appointment under this section does not change the position on the [active-duty list](/usc/10/101.md?p=b-13) or the permanent, probationary, or acting status of the [officer](/usc/10/101.md?p=b-1) so appointed, prejudice the [officer](/usc/10/101.md?p=b-1) in regard to other promotions or appointments, or abridge the rights or benefits of the [officer](/usc/10/101.md?p=b-1). - (d) **Board Recommendation Required.—** A temporary promotion under this section may be made only upon the recommendation of a board of [officers](/usc/10/101.md?p=b-1) convened by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned for the purpose of recommending [officers](/usc/10/101.md?p=b-1) for such promotions. - (e) **Acceptance and Effective Date of Appointment.—** Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a [member](/usc/10/1408.md?p=a-5) so appointed is entitled to the [pay](/usc/10/101.md?p=a-15) and allowances of the [grade](/usc/10/101.md?p=b-7) of the temporary promotion under this section from the date the appointment is made. - (f) **Termination of Appointment.—** Unless sooner terminated, an appointment under this section terminates— - (1) on the date the [officer](/usc/10/101.md?p=b-1) who received the appointment is promoted to the permanent [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy; or - (2) on the date the [officer](/usc/10/101.md?p=b-1) is detached from a position described in [subsection (b)(2)](#b-2), unless the [officer](/usc/10/101.md?p=b-1) is on a promotion list to the permanent [grade](/usc/10/101.md?p=b-7) of captain, major, lieutenant colonel, or colonel in the [Army](/usc/10/7001.md), Air Force, Marine Corps, or Space Force, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the [officer](/usc/10/101.md?p=b-1) is promoted to that [grade](/usc/10/101.md?p=b-7). - (g) **Limitation on Number of Eligible Positions.—** An appointment under this section may only be made for service in a position designated by the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned for the purposes of this section. The number of positions so designated may not exceed the following: - (1) In the case of the [Army](/usc/10/7001.md)— - (A) as captain, 120; - (B) as major, 350; - (C) as lieutenant colonel, 200; and - (D) as colonel, 100. - (2) In the case of the Air Force— - (A) as captain 95; - (B) as major, 305; - (C) as lieutenant colonel, 165; and - (D) as colonel, 75. - (3) In the case of the Space Force— - (A) as captain, 5; - (B) as major, 20; - (C) as lieutenant colonel, 10; and - (D) as colonel, 5. - (4) In the case of the Marine Corps— - (A) as captain, 50; - (B) as major, 175; - (C) as lieutenant colonel, 100; and - (D) as colonel, 50. - (5) In the case of the Navy— - (A) as lieutenant, 100; - (B) as lieutenant commander, 425; - (C) as commander, 175; and - (D) as captain, 80. ## Source credit (Added Pub. L. 115–232, div. A, title V, § 503(a)(1), Aug. 13, 2018, 132 Stat. 1740; amended Pub. L. 118–31, div. A, title V, § 505, title XVII, § 1716(d), Dec. 22, 2023, 137 Stat. 241, 653.) ## Notes ### Editorial Notes ### Amendments 2023—Pub. L. 118–31, § 1716(d)(1), substituted “Marine Corps, or Space Force,” for “or Marine Corps,” wherever appearing. Subsec. (g)(2) to (4). Pub. L. 118–31, § 1716(d)(2), added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “In the case of the Air Force— “(A) as captain, 100; “(B) as major, 325; “(C) as lieutenant colonel, 175; and “(D) as colonel, 80.” Former par. (4) redesignated (5). Subsec. (g)(4)(B). Pub. L. 118–31, § 505, substituted “425” for “325”. Subsec. (g)(5). Pub. L. 118–31, § 1716(d)(2), redesignated par. (4) as (5).