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Defense Officer Personnel Management Act

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The Defense Officer Personnel Management Act (DOPMA) ( Pub. L.   96–513 ) is a United States federal law passed in 1980 that for the first-time standardized officer personnel management across the United States Armed Forces . It established ceilings on the number of field grade officers authorized to each service, created uniform regulations governing promotions, and codified rules regarding separation and retirement of officers.

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33-448: The DOPMA created stable and predictable career paths, institutionalized relatively short careers compared to private industry, and mandated the military adopt an " up or out " personnel management strategy (requiring officers who failed selection for promotion to be removed from the service). Although it accomplished many of its intended goals, many provisions and consequences of the legislation remain controversial. Prior to World War II ,

66-544: A Marine veteran of the Iraq War and a former fellow at Harvard Kennedy School , argued in 2009 that the "archaic 'up or out' military promotion system should be scrapped." High Year of Tenure is a similar system applied to enlisted ranks . Manning control within the British Army plays a similar role. The United States Foreign Service has used an up-or-out system since 1980. The American Foreign Service Association ,

99-440: A Marine veteran of the Iraq War and a former fellow at Harvard Kennedy School , argued in 2009 that the "archaic 'up or out' military promotion system should be scrapped." High Year of Tenure is a similar system applied to enlisted ranks . Manning control within the British Army plays a similar role. The United States Foreign Service has used an up-or-out system since 1980. The American Foreign Service Association ,

132-621: A hierarchical organization to achieve a certain rank within a certain period of time. If they fail to do so, they must leave the organization. "Up or out" is practiced throughout the accounting industry in North America, most notably at the Big Four accounting firms , which also practice this policy in their branches in other countries. Up or out is also practiced in the investment banking industry, where third-year analysts and third-year associates who will not be promoted are asked to leave

165-648: A "young and vigorous" officer corps, and retain the capacity to rapidly remobilize if necessary. In 1947, Congress consolidated Army and Navy officer management legislation into the Officer Personnel Act (OPA). With the encouragement of the Army (notably by General Dwight Eisenhower ), the OPA extended the "up or out" system across the military and required officers to go before promotion boards at set times based on cohorts, normally based on year of commissioning. The OPA also ended

198-474: A certain rank within a certain period of time. If they fail to do so, they must leave the organization. "Up or out" is practiced throughout the accounting industry in North America, most notably at the Big Four accounting firms , which also practice this policy in their branches in other countries. Up or out is also practiced in the investment banking industry, where third-year analysts and third-year associates who will not be promoted are asked to leave

231-429: A fixed time may be terminated. This first promotion may be required for tenure and further promotions are neither guaranteed nor necessary. Despite widespread use in certain industries, a 1988 textbook by Michael Jensen noted that the system's effects on productivity have not been studied in depth. Up or out Up or out , also known as a tenure or partnership system , is the requirement for members of

264-515: A maximum years of commissioned service point based on their final rank, such as 20 years for O-4, 28 years for O-5 and 30 years for O-6. These mandatory retirement dates may be periodically adjusted lower via Selective Early Retirement Boards (SERB) and Temporary Early Retirement Authority (TERA). DOPMA has been frequently criticized as "arbitrary and bad management" that forces out "many fit, experienced officers... because there were only so many slots into which they could be promoted." Paul V. Kane,

297-515: A maximum years of commissioned service point based on their final rank, such as 20 years for O-4, 28 years for O-5 and 30 years for O-6. These mandatory retirement dates may be periodically adjusted lower via Selective Early Retirement Boards (SERB) and Temporary Early Retirement Authority (TERA). DOPMA has been frequently criticized as "arbitrary and bad management" that forces out "many fit, experienced officers... because there were only so many slots into which they could be promoted." Paul V. Kane,

330-564: The 20-year mark out of concerns that there would be an exodus of officers once they met minimum retirement eligibility criteria. The retirement limitations were later repealed because of the military's assurance to Congress that the majority of career officers would elect to serve until they reached the 30-year mark. By the 1970s, Congress desired to consolidate the OPA and the OGLA as well as clarify other legislation governing officer management. The DOPMA, introduced by Senator Sam Nunn , combined many of

363-404: The Army and Navy had different philosophies governing the promotion and retention of officers. The Army maintained a seniority system based on tenure; promotions occurred only if there were vacancies at the next higher grade. Congressionally-imposed limits on the size of the Army officer corps, an extremely low turnover (resignations, retirements, and dismissals), and a "hump" of over-age officers in

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396-636: The DOPMA that have been recommended to Congress include adoption of an "up or stay" personnel policy, greater use of warrant officers , and decreasing the number of officer skills managed in the "line" category. DOPMA also removed the distinction between Regular and Reserve commission types on active duty. Regular officers no longer had tenure and were subject to future Reduction in Force (RIF) ejections from active duty. However, previously commissioned Regular officers who resigned their commissions before retirement still faced

429-590: The bank. The management consulting industry also practices up or out, where it is commonly regarded as a sign of the industry's "hard-nosed approach to doing business," with Bain & Co and McKinsey & Company being the two consultancies most closely associated with the approach. According to Leslie Perlow, up or out is also employed at Boston Consulting Group . Among many other law firms , Cravath, Swaine & Moore 's so-called " Cravath System " historically expected associate lawyers to achieve partner status within ten years of being hired or to leave

462-590: The bank. The management consulting industry also practices up or out, where it is commonly regarded as a sign of the industry's "hard-nosed approach to doing business," with Bain & Co and McKinsey & Company being the two consultancies most closely associated with the approach. According to Leslie Perlow, up or out is also employed at Boston Consulting Group . Among many other law firms , Cravath, Swaine & Moore 's so-called " Cravath System " historically expected associate lawyers to achieve partner status within ten years of being hired or to leave

495-826: The current grade and cumulative years of service. While not specified in the DOPMA, Department of Defense policy established targets for selection to the next grade as a percentage from the surviving cohort. Desired promotion rates and reporting requirements of service board results are regularly published by Department of Defense. Current promotion guidelines are as follows: The DOPMA was designed to apply to "line" officers and made specific exceptions for military lawyers, doctors, nurses, and other professionals. Such officers tend to be managed in significantly different ways, based on custom requirements. The DOPMA's attempt to balance competing personnel objectives resulted in mixed success. The DOPMA achieved Congressional goals to create uniform promotion outcomes, standardized career lengths across

528-478: The field. This was in contrast to the Navy, which first introduced an "up or out" system in 1916. The Navy also instituted a centralized selection system, which it maintained even during World War II. In the aftermath of World War II, Congress drafted legislation that attempted to address three (sometimes competing) objectives: create "uniform" rules for officer management between Army and Navy (and later Air Force), promote

561-458: The firm. U.S. entrepreneur Vivek Wadhwa has argued that engineering in Silicon Valley is also "an 'up or out' profession: you either move up the ladder or face unemployment". In the U.S. military , the 1980 Defense Officer Personnel Management Act mandates that officers passed over twice for promotion are required to be discharged or, if eligible, retired from the military. Officers in

594-401: The firm. U.S. entrepreneur Vivek Wadhwa has argued that engineering in Silicon Valley is also "an 'up or out' profession: you either move up the ladder or face unemployment". In the U.S. military , the 1980 Defense Officer Personnel Management Act mandates that officers passed over twice for promotion are required to be discharged or, if eligible, retired from the military. Officers in

627-470: The former category, normally pay grade O-3 and below, are typically removed from active duty service at the end of the calendar year following their second non-selection for promotion. However, they may granted a transfer to the Reserve Component at their current rank and remain eligible for promotion in the Reserve Component. Retirement eligible officers in the latter category will typically serve up to

660-410: The former category, normally pay grade O-3 and below, are typically removed from active duty service at the end of the calendar year following their second non-selection for promotion. However, they may granted a transfer to the Reserve Component at their current rank and remain eligible for promotion in the Reserve Component. Retirement eligible officers in the latter category will typically serve up to

693-411: The legislation require reform. While the promotion system is predictable, it allows the services little flexibility to reward and manage its top performers. According to author and economist Tim Kane , DOPMA is "the root of all evil in this ecosystem" and binds the military into a system that honors seniority over individual merit. Kane argues that the resultant inflexibility causes tremendous attrition in

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726-647: The middle grades caused by aborted provisions in the National Defense Act of 1920 caused a significant logjam in promotions during the interwar period. In July 1941, Army Chief of Staff General George C. Marshall was given permission by Congress to remove inefficient Regular Army officers from active duty, and used stricter Army regulations to cull the ranks of over-age, medically, or professionally-unfit officers to create more vacancies for junior officers. During World War II, Army promotions up to lieutenant colonel were decentralized and delegated to commanders in

759-526: The next rank. Officers typically will go before selection boards in cohorts based on the year they were commissioned. The majority of officers are promoted "in zone" (or in "primary zone"); officers not selected will go before the next board, typically held a year later; officers selected for promotion at this second board are considered to have been promoted "above zone." Officers who are not selected for promotion "above zone" ( i.e. , who are denied promotion by two consecutive boards) are required to separate from

792-436: The numerous penalties for resigning: ineligibility to fill any government job for 180 days after leaving the service, requirement to accept an indefinite Reserve commission, etc. Reserve officers on active duty simply requested release from active duty with no penalties. Up or out Up or out , also known as a tenure or partnership system , is the requirement for members of a hierarchical organization to achieve

825-559: The officer corps since officers have little control over their careers, but it has persisted despite numerous efforts towards reform. Perhaps the most controversial provision is the "up or out" policy. Even Nunn, the sponsor of the bill, argued that it was needlessly expensive to force officers through the ranks and to rid others unnecessarily. However, the Department of Defense and the House insisted on those provisions being included. Other changes to

858-489: The practice of appointing Army officers into specific " branches ", giving the Army greater authority to move personnel to different functions and change organizational designs. OPA also authorized the services to grant voluntary retirement at 20 years of commissioned service. The OPA's emphasis on remobilization capacity drastically altered the composition of the armed forces. In 1945, there was approximately one field grade officer for every 208 enlisted personnel; by 1950, there

891-605: The professional organization for foreign service officers, has criticized the system on the grounds that it penalizes otherwise-dedicated officers who do not wish to enter Senior Foreign Service. Tenure-track professors in the United States are usually subject to an up-or-out system. Newly hired professors, most often with the rank of assistant professor , must impress their department with their accomplishments to be awarded tenure, usually but not always combined with promotion to associate professor. Those not awarded tenure within

924-550: The professional organization for foreign service officers, has criticized the system on the grounds that it penalizes otherwise-dedicated officers who do not wish to enter Senior Foreign Service. Tenure-track professors in the United States are usually subject to an up-or-out system. Newly hired professors, most often with the rank of assistant professor , must impress their department with their accomplishments to be awarded tenure, usually but not always combined with promotion to associate professor. Those not awarded tenure within

957-403: The provisions of both the OPA and the OGLA. The DOPMA established a "sliding scale" grade table, which authorized a relatively higher number of field grade officers during periods of personnel reductions. That makes promotion opportunities increase significantly during times of growth but decrease more slightly during drawdowns. The DOPMA "system" generally provides two opportunities to advance to

990-456: The service; retire if eligible; or, by exception, continue to serve until retirement in their current grade but never again be considered for promotion. At the discretion of the services, a small number of promotions may go to exceptional officers ("below zone") who are promoted one or two years ahead of their cohort. Congress desired "due course" officers (those selected in the primary zone) to be promoted within set windows based on time served in

1023-446: The services' prediction that most career officers would elect a 30-year career was more optimistic than reality. By 1990 the average officer retired after 24 years of service at the age of 46. DOPMA has also proven difficult to implement. Since its inception, the services have repeatedly sought suspension of key provisions of DOPMA grade tables to manage drawdowns and force increases. Others feel that changing conditions since enactment of

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1056-444: The services, and regulated the number of senior officers as a proportion of the force. It also created reasonable and predictable expectations of when an officer would be eligible for promotion. However, it also had unintended effects. The legislation has been criticized for creating a system that results in high turnover, frequent moves, and relatively short careers. Some of the assumptions underlying DOPMA have proven false. For example,

1089-505: Was approximately one field grade officer for every 78 enlisted personnel. In response to that growth, Congress passed the Officer Grade Limitation Act (OGLA) in 1954, which established grade tables for the Army, Marine Corps, Navy, and Air Force, limiting the percentage of officers who could serve in the rank of major (and naval equivalent) and above. The OGLA also limited the number of voluntary retirements of senior officers at

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