107 STAT. 1732 PUBLIC LAW 103-160—NOV. 30, 1993 Subtitle C—Joint Officer Personnel Policy SEC. 931. REVISION OF GOLDWATER-NICHOLS REQUIREMENT OF SERVICE IN A JOINT DITTY ASSIGNMENT BEFORE PRO- MOTION TO GENERAL OR FLAG GRADE. (a) IN GENERAL.—Chapter 36 of title 10, United States Code, is amended by inserting after section 619 the following new section: "§6198. Eligibility for consideration for promotion: joint duty assignment 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 thegrade of brigadier general or rear admiral (lower half) unless the ofncer has completed a full tour of duty in a joint duty assignment (as described in section 664(f) 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 ofncer 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 b^ a promotion board for appointment to the grade of brigadier general or rear admiral (lower halO while serving in a joint dfuty assignment 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 total consecutive service in joint duty assignments within that immediate organization is not less than two years. "(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)(D, 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.
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