Section 4Sec./Art. 4

Promotion and Designation/Assignment. - No officer shall be promoted nor designated/assigned to the grade of Brigadier General/Commodore or higher unless there is an existing vacancy and the officer is occupying a position in the TOE that requires the grade or rank for which he is being considered for promotion or designation/ assignment. The President shall nominate and, with the consent of the Commission on Appointments, appoint officers of the armed forces from the rank of colonel or naval captain. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of Congress.