So that's why we're seeking to change DOPMA to let the services adjust lineal numbers based on superior performance.
DOPMA has generated very specific timelines for when officers come up for promotion.
And if the services can allow those warriors temporarily to defer their promotion boards, it will help ensure that officers and their personnel managers who pursue less traditional career paths for them won't be harmed for it, and give them time to meet all of DOPMA's promotion requirements before they're considered for promotion.
Now, the third change we're seeking for DOPMA has to do with what's known as lateral entry.
And this brings me to the fourth and final DOPMA change, which is intended to make room for an uncertain future.
Thus, if the Court in Perry determined the baseline for a property interest to be existing rules or understandings in a school's Faculty Guide, the officers' case is even more compelling because they can point to specific DOD rules, the legislative history of DOPMA, and a pattern of conduct over decades, which, taken together, amount to a wealth of evidence that the respondent in Perry did not have.
611 to be continued on active duty after a second failure of selection for promotion." (36) Second, "DOD policy requires that all active Army [Majors] within six years of retirement eligibility be continued." (37) Third, "the board must continue all [Majors] who are twice nonselected and within 6 years of retirement eligibility." Thus, when considering United States Army legal memoranda, DOD rules, the legislative history of DOPMA, and the thirty-year pattern of conduct in conjunction with the holdings of Perry and Roth, it becomes apparent that some officers (especially O-4s) in 2011 had a constitutionally protected property interest in continued employment.
The Instruction was first published in 1981 after DOPMA was signed into law in 1980.
(52) Here, both the Instruction and DOPMA as expressed through the House Armed Services Committee share the same intent to provide a career expectation to officers.
(68) This Instruction was promulgated in 1981 immediately after DOPMA was signed into law.