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Decree No. 2008-953 12 September 2008 Special Status Of The Body Of Commissioned Officers And Petty Officers Of Career Of The Armies And The Technical And Administrative Support Of The National Gendarmerie

Original Language Title: Décret n° 2008-953 du 12 septembre 2008 portant statut particulier des corps de sous-officiers et officiers mariniers de carrière des armées et du soutien technique et administratif de la gendarmerie nationale

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Summary

Repeal of decrees 75-1211, 75-1212, 75-1213 and 2000-383.

Keywords

ARMED , ARMED , ARMED , AIR , NAVIGATIONAL PERSONNEL , NON-NAVIGATIONAL PERSONNEL ,


JORF n°0216 of 16 September 2008
text No. 35



Decree No. 2008-953 of 12 September 2008 on the special status of the corps of non-commissioned officers and marine officers of the military and the technical and administrative support of the national gendarmerie

NOR: DEFH0801268D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/9/12/DEFH0801268D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/9/12/2008-953/jo/texte


The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence Code (Legislative Party), in particular, the book I of Part 4;
Having regard to the advice of the Supreme Council of the Military Function dated 16 June 2006;
The State Council (Finance Section) heard,
Decrete:

  • PART IER: GENERAL PROVISIONS
    • CHAPTER IER: COMMON PROVISIONS Article 1 Learn more about this article...


      The non-commissioned officers and career marine officers of the armed forces and the technical and administrative support of the national gendarmerie, under the command of the officers, participate in the supervision of trainings or elementary units of combat, support or instruction.
      They also carry out specialist responsibilities in technical or administrative fields in these trainings and units.
      They may hold command or high qualification jobs in a specific specialty.
      They may participate in the operation of joint formations or under another army or agency mentioned in the 2° of Article L. 4138-2 of the Defence Code.
      Career marine officers may be employed as chief of service or receive the command of specialized units whose list is fixed by order of the Minister of Defence.
      Tables on commands that may be exercised by marine officers are arrested by the Minister of Defence and published in the Official Bulletin of Armed Forces.

      Article 2 Learn more about this article...


      The non-commissioned officers and career marine officers of the armed forces and the technical and administrative support of the national gendarmerie are the following non-commissioned officers:
      1° The corps of the quarry officers of the Army of Land;
      2° The corps of the marine officers of the fleet's crews;
      3° The corps of the marine officers of the port buttrance;
      4° The corps of non-working officers of air force personnel;
      5° The corps of non-aircraft personnel;
      6° The corps of the professional non-commissioned officers of the technical and administrative support of the national gendarmerie.

      Article 3 Learn more about this article...


      The non-commissioned officers belonging to the corps of the non-commissioned officers of the air force must meet the requirements of the Air Force Decree of 27 December 1929 setting the classification conditions in military personnel navigating.
      If they are stripped of the personnel navigating for one of the reasons set out in sections 4 and 5 of the above-mentioned decree, they are assigned to the corps of non-aircraft personnel. However, they can be kept in their bodies when, presenting a definitive physical incapacity to the functions of the navigating personnel, they are within three years of the age limit of their bodies.

      Article 4 Learn more about this article...


      For application provisions of Article L. 4133-1 of the Defence Code relating to the change of army, related training or corps, the non-commissioned gendarmerie officers of the rank of gendarmerie shall be admitted to the corps of the non-commissioned officers and marine officers of the military and the technical and administrative support of the national gendarmerie to the rank of sergeant or the rank of sergeant chief after notice of the commission of advancement of the corps, the army or the related training of reception.
      They are classified at the level with an equal index, or at the default, immediately higher than the one they held in their original body and are considered, for the advancement of the level, as benefiting from a service seniority, or in the absence of a grade seniority, equal to that provided by this decree to reach the level in which they were classified.
      When the application of this article leads to the classification of the gendarme at a level with a index lower than that previously held, it retains, as a personal measure, the benefit of the previous index until the day on which it receives, according to the rules set by this decree, an index at least equal.

      Article 5 Learn more about this article...


      Within each of the bodies referred to in section 2, the non-commissioned officers and marine career officers shall be distributed, if any, by weapon, service or specialty fixed by decrees of the Minister of Defence.

      Article 6 Learn more about this article...


      Appointments and promotions in the ranks of non-commissioned officer or marine officer are made by a decision of the Minister of Defence.

      Article 7 Learn more about this article...


      The non-commissioned officers and career marine officers of the bodies referred to in Article 2 shall be graded at two levels according to their professional qualification:
      1° First level, non-commissioned officers with an elementary specialist or technical patent;
      2° Second level, non-commissioned officers who hold a higher specialist or technical patent.
      The list of patents opening access to balance scales No. 3 and No. 4 and the requirements for obtaining them are fixed by order of the Minister of Defence. The Career Officers of the Land Army of the Firefighters Brigade of Paris are not subject to the provisions of this paragraph.
      A third level of qualification is accessible to non-commissioned officers and career marine officers of these bodies in a manner specific to each army and affiliated formations established by decree of the Minister of Defence.

      Article 8 Learn more about this article...


      The conditions for access at the level of non-commissioned officers and career marine officers of the armed forces and non-commissioned officers of the technical and administrative support of the national gendarmerie are determined by grade and scale of balance in accordance with the following table:



      You can consult the table in the
      JOn° 216 of 16/09/2008 text number 35




      Article 9 Learn more about this article...


      The conditions for access at the level of the non-commissioned officers of the Land Army of the Paris Fire brigade are determined in accordance with the following table:



      You can consult the table in the
      JOn° 216 of 16/09/2008 text number 35


      Article 10 Learn more about this article...


      The classification in the ranks mentioned in the table of sections 8 and 9 in the grade advancement is applied according to the service seniority criterion. The ranking in the ladders during a change of balance scale within a grade is performed by holding the most favorable criterion for the interest between the seniority of grade and the seniority of service.
      Majors who hold the 5th step of their rank have access to an exceptional step assigned to the choice by the Minister of Defence, on the proposal of the progress commission provided for in theArticle L. 4136-3 of the Defence Codewithin 25% of the grade strength.
      Where the application of the provisions of sections 8 and 9 leads to the classification of the non-commissioned officer or career officer at a level with a index lower than that previously held, the officer shall retain the benefit of the earlier index until the day on which he or she is entitled, in accordance with the rules laid down by this Order, at least an equal index.

    • CHAPTER II: SPECIFIC PROVISIONS TO THE OFFICIAL SUBSTANCE OF TECHNICAL AND ADMINISTRATIVE SOUTH OF NATIONAL GENDARMER Article 11 Learn more about this article...


      The maximum length of stay of non-commissioned officers of the Technical and Administrative Support Corps of the National Gendarmerie to serve overseas is determined by a joint order of the Minister of Defence, the Minister of Budget and the Minister responsible for overseas.
      The maximum length of stay of non-commissioned officers of the Technical and Administrative Support Corps of the National Gendarmerie who are to serve abroad is determined by a joint order of the Minister of Defence, the Minister for Foreign Affairs and the Minister responsible for the budget.

  • TITRE II : RECRUTEMENT Article 12 Learn more about this article...


    Non-commissioned officers and career marine officers shall be recruited as elective from their army or from their related training among non-commissioned officers and marine officers serving under a contract that have requested their admission to the status of non-commissioned officer and career marine officer.
    They must meet the following conditions:
    1° Have completed at least four years of effective military service;
    2° Have held, for at least two years, a grade of non-commissioned officer or marine officer;
    3° And hold an elementary patent of specialist or technician.
    Recruitment of non-commissioned officers and career marine officers shall be carried out after notice of a council whose composition is determined by order of the Minister of Defence. In the event of equal sharing of votes, the president's voice is preponderant.
    Interested persons are allowed to serve in the body with their grade and service seniority and, where appropriate, in the weapon, service or specialty to which they belong.
    They take rank in the order of their seniority. At an equal level of seniority, the rank is determined by seniority in the previous grade, if applicable, by seniority in the lower grades and, as a last resort, according to the descending order of the ages.

  • PART III: ADVANCEMENT
    • CHAPTER IER: PROVISIONS FOR OFFICIAL AND OFFICIAL SUBS Article 13 Learn more about this article...


      Sergeants or second masters who have an elementary specialist or technician's patent are promoted to the rank of senior sergeant or master for a party to choice when they have at least two years of grade and for a part in seniority to ten years of grade.
      The number of sergeants or second masters promoted each year to the rank of senior sergeant or master may not exceed 25% of the total number of non-commissioned officers or marine officers promoted to that rank in the same year by army or related training.

      Article 14 Learn more about this article...


      Staff sergeants or masters who hold a higher specialist or technician's patent are promoted to the rank of a principal or first master for a party to choice when they have at least two years of grade and for a seniority to eleven years of grade.
      The number of senior sergeants or masters promoted each year to the rank of senior officer or senior master cannot exceed 25% of the total number of non-commissioned officers or marine officers promoted to that rank in the same year by army or related training.

      Article 15 Learn more about this article...


      If they have at least two years of grade, they may be promoted to the rank of Chief Warrant Officer or Senior Master.

      Article 16 Learn more about this article...


      Chief Warrant Officers or Principal Masters may, where they have at least two years of grade and are, as of December 31 of the year preceding that of their possible promotion, be promoted to more than two years of the upper grade age limit, at the grade of major:
      1° Either, without age, among those who have met professional selection tests whose terms are fixed by order of the Minister of Defence;
      2° Either, if they are at least forty-five years of age as of January 1 of the year of their promotion, or at least forty years of age, for the head of the body of the non-commissioned officers of the air force, among the holders of one of the patents on a list arrested by the Minister of Defence.

    • CHAPTER II: PROVISIONS APPLICABLE TO THE OFFICIAL SUBSTANCE OF TECHNICAL AND ADMINISTRATIVE SOUTH OF NATIONAL GENDARMER Article 17 Learn more about this article...


      The advancement of the professional non-commissioned officers of the Technical and Administrative Support Corps of the National Gendarmerie takes place either at the choice or at the choice and seniority. The following conditions apply:
      1° The logis swamps and logis swamps may, when they are two years of grade, be promoted to the higher grade of three-quarters choice and one-quarter seniority;
      2° Adjutants may, when at least two years of grade, be promoted to the rank of Chief Warrant Officer;
      3° Chief Warrant Officers may, when they are at least two years of grade and are, as of December 31 of the year before that of their possible promotion to more than two years of the upper grade age limit, be promoted to the rank of major.

    • CHAPTER III: COMMON PROVISIONS Article 18 Learn more about this article...


      The advancement of choice may take place in an army or in a training attached by weapons, services or specialties whose list is fixed by order of the Minister of Defence.

      Article 19 Learn more about this article...


      Members of the commission scheduled for theArticle L. 4136-3 of the Defence Code and, where appropriate, their alternates shall be designated by order of the Minister of Defence. The commission is chaired by an officer-general. She has two senior officers in law. In the event of equal sharing of votes, the president's voice is preponderant. The Commission submits to the Minister its proposals for listing in the progress tables.

      Rule 20 Learn more about this article...


      The progress tables are stopped by the Minister of Defence.
      They are established in the order of seniority. At an equal level of seniority, the rank is determined by seniority in the previous grade, if applicable, by seniority in the lower grades and, as a last resort, according to the descending order of the ages.
      Progress tables and promotions at different ranks are published in the Official Bulletin of the Armed Forces.

  • PART IV: OTHER AND TRANSITIONAL PROVISIONS
    • CHAPTER IER: OTHER PROVISIONS Article 21 Learn more about this article...


      Within each of the bodies referred to in section 2, a Minister of Defence order sets out the jobs that, due to operational requirements, are held by male non-commissioned officers and marine officers.

      Article 22 Learn more about this article...


      The Minister of Defence may, by order, delegate in respect of individual decisions the powers of the Minister under section 6, the second paragraph of section 10 and the first paragraph of section 20 to the administrative training commanders or to the authorities under which they are responsible.

    • CHAPTER II: TRANSITIONAL PROVISIONS Article 23 Learn more about this article...


      On 1 January 2009:
      1° The majors of the earth's army integrate the body of the quarry officers of the earth's army;
      2° Majors of the crews of the navy fleet integrate the corps of the marine officers of the fleet's crews;
      3° The majors of the ports of the marine integrate the body of the marine officers of the buttrance of the ports;
      4° The Air Force Air Force Majors integrate the corps of the career non-commissioned officers of the air force;
      5° Majors of non-aircraft personnel integrate the corps of non-aircraft personnel;
      6° The majors of the Technical and Administrative Support Corps of the National Gendarmerie include the corps of the professional non-commissioned officers of the technical and administrative support of the National Gendarmerie.
      Majors are allowed to serve in their bodies as a career officer or marine officer of buttrance with their rank, grade seniority and service seniority and, if applicable, in the weapon, service or specialty to which they belong.

      Article 24 Learn more about this article...


      On January 1, 2009, the non-commissioned officers of the ranks of sergeant, sergeant, principal, principal or corresponding ranks are reclassified to the ranks of sergeant, chief sergeant, officer, chief executive officer and corresponding major or ranks respectively.
      The non-commissioned officers in the scales of balance No. 3 and No. 4 are reclassified to the scales of balance No. 3 and No. 4.
      The reclassification in the steps of the table of Article 8 shall be in accordance with the following table:



      You can see the table in the OJ
      n° 216 of 16/09/2008 text number 35



      Only majors holding the exceptional level are reclassified to the new exceptional step.

      Rule 25 Learn more about this article...


      On January 1, 2009, the quarantine non-commissioned officers of the Land Army of the Firefighters Brigade of Paris of the ranks of sergeant, chief sergeant, adjudant, chief officer and major respectively are reclassified to the ranks of sergeant, chief sergeant, officer, chief executive officer and major or corresponding ranks.


      The reclassification in the steps of the table of Article 9 shall be carried out in accordance with the following table:



      You can consult the table in the
      JOn° 216 of 16/09/2008 text number 35



      Only majors holding the exceptional level are reclassified to the new exceptional step.

      Rule 26 Learn more about this article...


      Sergeants or second masters, holders of an elementary specialist or technician's patent, bringing together ten years of rank on January 1, 2009 are promoted to the rank of sergeant-leader or master without applying the proportions provided for in section 13.
      Staff sergeants and masters, holders of a higher specialist or technical patent, bringing together eleven years of grade as of January 1, 2009 are promoted to the rank of a principal or first master without applying the proportions provided for in section 14.
      The non-commissioned officers and military career officers received at the 2008 Major Recruitment Competition in 2009 are promoted to the rank of Major as of January 1, 2009.
      The percentage of the number of majors who have access to the exceptional level of this rank, as provided for in the second paragraph of section 10, is fixed annually until 2014 by joint decree of the Minister of Defence and ministers responsible for the budget and the public service.

      Rule 27 Learn more about this article...


      Until 31 December 2013, the conditions of choice set out in the regulations prior to the date of entry into force of this Order apply, for access to the rank of Major, to the Chief Warrant Officers of the Corps of Career Officers of the Land Army born before 1 January 1961 and not being held on 1 January 2009 of the patents referred to in 2° of Article 16.

      Rule 28 Learn more about this article...


      As long as the member has not been promoted to the rank or scale of pay greater than that in which he has been reclassified, progress in the ranks is based on the seniority of service specified in the table in section 24 or section 25 for the career non-commissioned officers of the Land Army of the Firefighters Brigade of Paris.
      When the non-commissioned officer reaches the higher rank or the higher balance scale, progress is made under the conditions set out in section 8 or section 9 for the non-commissioned officers of the Land Army of the Firefighters Brigade of Paris.
      When the application of this chapter leads to the classification of the non-commissioned officer or career marine officer at a level with an index lower than that previously held, it retains the personal benefit of the previous index until the day on which it receives, according to the rules set by this Order, an index at least equal.

      Rule 29 Learn more about this article...


      Are repealed:
      1° The Decree No. 75-1211 of 22 December 1975 bearing particular statutes of the corps of quarry officers of the earthly army;
      2° The Decree No. 75-1212 of 22 December 1975 bearing particular statutes of the Marine Career Officers Corps;
      3° The Decree No. 75-1213 of 22 December 1975 bearing particular statutes of the bodies of career non-commissioned officers of the Air Force;
      4° The Decree No. 2000-383 of 26 April 2000 bearing the special statutes of the career non-commissioned officers of the Technical and Administrative Support Corps of the National Gendarmerie.

      Rule 30 Learn more about this article...


      I. ― The progress tables for 2009 are prepared in 2008 in accordance with the provisions of Title III and Articles 26 and 27.
      II. - Subject to the provisions of I, this Order comes into force on January 1, 2009.

      Rule 31 Learn more about this article...


      The Minister of Defence, the Minister of Budget, Public Accounts and Public Service and the Secretary of State for the Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, September 12, 2008.


François Fillon


By the Prime Minister:


Minister of Defence,

Hervé Morin

Minister of Budget, Public Accounts

and the Public Service,

Eric Woerth

Secretary of State

Public Service,

André Santini


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