-CITE-

10 USC CHAPTER 1405 - PROMOTIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

.

-HEAD-

CHAPTER 1405 - PROMOTIONS

-MISC1-

Sec.

14301. Eligibility for consideration for promotion: general rules.

14302. Promotion zones.

14303. Eligibility for consideration for promotion: minimum years

of service in grade.

14304. Eligibility for consideration for promotion: maximum years

of service in grade.

14305. Establishment of promotion zones: mandatory consideration

for promotion.

14306. Establishment of promotion zones: Naval Reserve and Marine

Corps Reserve running mate system.

14307. Number of officers to be recommended for promotion.

14308. Promotions: how made.

14309. Acceptance of promotion; oath of office.

14310. Removal of officers from a list of officers recommended for

promotion.

14311. Delay of promotion: involuntary.

14312. Delay of promotion: voluntary.

14313. Authority to vacate promotions to grade of brigadier general

or rear admiral (lower half).

14314. Army and Air Force commissioned officers: generals ceasing

to occupy positions commensurate with grade; State adjutants

general.

14315. Position vacancy promotions: Army and Air Force officers.

14316. Army National Guard and Air National Guard: appointment to

and Federal recognition in a higher reserve grade after selection

for promotion.

14317. Officers in transition to and from the active-status list or

active-duty list.

AMENDMENTS

1996 - Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(24), Feb.

10, 1996, 110 Stat. 497, substituted ''Number'' for ''Numbers'' in

item 14307, a semicolon for a colon in item 14309, and ''State''

for ''state'' in item 14314.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 14001, 14004, 14006,

14101, 14108 of this title; title 32 section 310; title 37 section

905.

-CITE-

10 USC Sec. 14301 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14301. Eligibility for consideration for promotion: general

rules

-STATUTE-

(a) One-Year Rule. - An officer is eligible under this chapter

for consideration for promotion by a promotion board convened under

section 14101(a) of this title only if -

(1) the officer is on the reserve active-status list of the

Army, Navy, Air Force, or Marine Corps; and

(2) during the one-year period ending on the date of the

convening of the promotion board the officer has continuously

performed service on either the reserve active-status list or the

active-duty list (or on a combination of both lists).

(b) Requirement for Consideration of All Officers In and Above

the Zone. - Whenever a promotion board (other than a vacancy

promotion board) is convened under section 14101(a) of this title

for consideration of officers in a competitive category who are

eligible under this chapter for consideration for promotion to the

next higher grade, each officer in the promotion zone, and each

officer above the promotion zone, for that grade and competitive

category shall be considered for promotion.

(c) Previously Selected Officers Not Eligible To Be Considered. -

A promotion board convened under section 14101(a) of this title may

not consider for promotion to the next higher grade any of the

following officers:

(1) An officer whose name is on a promotion list for that grade

as a result of recommendation for promotion to that grade by an

earlier selection board convened under that section or section

14502 of this title or under chapter 36 of this title.

(2) An officer who is recommended for promotion to that grade

in the report of an earlier selection board convened under a

provision referred to in paragraph (1), in the case of such a

report that has not yet been approved by the President.

(3) An officer who has been approved for Federal recognition by

a board convened under section 307 of title 32 and nominated by

the President for promotion to that grade as a reserve of the

Army or of the Air Force as the case may be, if that nomination

is pending before the Senate.

(4) An officer who has been nominated by the President for

promotion to that grade under any other provision of law, if that

nomination is pending before the Senate.

(5) An officer in the grade of first lieutenant or, in the case

of the Navy, lieutenant (junior grade) who is on an approved

all-fully-qualified-officers list under section 14308(b)(4) of

this title.

(d) Officers Below the Zone. - The Secretary of the military

department concerned may, by regulation, prescribe procedures to

limit the officers to be considered by a selection board from below

the promotion zone to those officers who are determined to be

exceptionally well qualified for promotion. The regulations shall

include criteria for determining which officers below the promotion

zone are exceptionally well qualified for promotion.

(e) Certain Reserve Officers of the Air Force. - A reserve

officer of the Air Force who (1) is in the Air National Guard of

the United States and holds the grade of lieutenant colonel,

colonel, or brigadier general, or (2) is in the Air Force Reserve

and holds the grade of colonel or brigadier general, is not

eligible for consideration for promotion by a mandatory promotion

board convened under section 14101(a) of this title.

(f) Nonconsideration of Officers Scheduled for Removal From

Reserve Active-Status List. - The Secretary of the military

department concerned may, by regulation, provide for the exclusion

from consideration for promotion by a promotion board of any

officer otherwise eligible to be considered by the board who has an

established date for removal from the reserve active-status list

that is not more than 90 days after the date on which the selection

board for which the officer would otherwise be eligible is to be

convened.

(g) Brigadier Generals. - (1) An officer who is a reserve

component brigadier general of the Army or the Air Force who is not

eligible for consideration for promotion under subsection (a)

because the officer is not on the reserve active status list (as

required by paragraph (1) of that subsection for such eligibility)

is nevertheless eligible for consideration for promotion to the

grade of major general by a promotion board convened under section

14101(a) of this title if -

(A) as of the date of the convening of the promotion board, the

officer has been in an inactive status for less than one year;

and

(B) immediately before the date of the officer's most recent

transfer to an inactive status, the officer had continuously

served on the reserve active status list or the active-duty list

(or a combination of the reserve active status list and the

active-duty list) for at least one year.

(2) An officer who is a reserve component brigadier general of

the Army or the Air Force who is on the reserve active status list

but who is not eligible for consideration for promotion under

subsection (a) because the officer's service does not meet the

one-year-of-continuous-service requirement under paragraph (2) of

that subsection is nevertheless eligible for consideration for

promotion to the grade of major general by a promotion board

convened under section 14101(a) of this title if -

(A) the officer was transferred from an inactive status to the

reserve active status list during the one-year period preceding

the date of the convening of the promotion board;

(B) immediately before the date of the officer's most recent

transfer to an active status, the officer had been in an inactive

status for less than one year; and

(C) immediately before the date of the officer's most recent

transfer to an inactive status, the officer had continuously

served for at least one year on the reserve active status list or

the active-duty list (or a combination of the reserve active

status list and the active-duty list).

(h) Officers on Educational Delay. - An officer on the reserve

active-status list is ineligible for consideration for promotion,

but shall remain on the reserve active-status list, while the

officer -

(1) is pursuing a program of graduate level education in an

educational delay status approved by the Secretary concerned; and

(2) is receiving from the Secretary financial assistance in

connection with the pursuit of that program of education while in

that status.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2931; amended Pub. L. 105-85, div. A, title V,

Sec. 503(b), (c), 514(b), Nov. 18, 1997, 111 Stat. 1724, 1725,

1732; Pub. L. 105-261, div. A, title V, Sec. 514, Oct. 17, 1998,

112 Stat. 2008; Pub. L. 106-65, div. A, title V, Sec. 513(a),

title X, Sec. 1066(a)(32), Oct. 5, 1999, 113 Stat. 593, 772; Pub.

L. 107-107, div. A, title V, Sec. 505(c)(1)(B), Dec. 28, 2001, 115

Stat. 1087; Pub. L. 107-314, div. A, title V, Sec. 521, Dec. 2,

2002, 116 Stat. 2540.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-314 amended subsec. (g)

generally. Prior to amendment, text read as follows: ''A reserve

component brigadier general of the Army or the Air Force who is in

an inactive status is eligible (notwithstanding subsection (a)) for

consideration for promotion to major general by a promotion board

convened under section 14101(a) of this title if the officer -

''(1) has been in an inactive status for less than one year as

of the date of the convening of the promotion board; and

''(2) had continuously served for at least one year on the

reserve active status list or the active duty list (or a

combination of both) immediately before the officer's most recent

transfer to an inactive status.''

2001 - Subsec. (c)(5). Pub. L. 107-107 added par. (5).

1999 - Subsec. (g)(1), (2). Pub. L. 106-65, Sec. 1066(a)(32),

substituted ''one year'' for ''1 year''.

Subsec. (h). Pub. L. 106-65, Sec. 513(a), added subsec. (h).

1998 - Subsec. (g). Pub. L. 105-261 added subsec. (g).

1997 - Subsec. (c). Pub. L. 105-85, Sec. 503(b)(1), substituted

''grade any of the following officers:'' for ''grade - '' in

introductory provisions.

Subsec. (c)(1). Pub. L. 105-85, Sec. 503(b)(2), (3), substituted

''An officer'' for ''an officer'' and ''title.'' for ''title;''.

Subsec. (c)(2). Pub. L. 105-85, Sec. 503(b)(6), added par. (2).

Former par. (2) redesignated (3).

Pub. L. 105-85, Sec. 503(b)(2), (4), substituted ''An officer''

for ''an officer'' and ''be.'' for ''be; or''.

Subsec. (c)(3). Pub. L. 105-85, Sec. 503(c), inserted '', if that

nomination is pending before the Senate'' before period at end.

Pub. L. 105-85, Sec. 503(b)(5), redesignated par. (2) as (3) and

substituted ''that grade'' for ''the next higher grade''. Former

par. (3) redesignated (4).

Pub. L. 105-85, Sec. 503(b)(2), substituted ''An officer'' for

''an officer''.

Subsec. (c)(4). Pub. L. 105-85, Sec. 503(c), inserted '', if that

nomination is pending before the Senate'' before period at end.

Pub. L. 105-85, Sec. 503(b)(5), redesignated par. (3) as (4) and

substituted ''that grade'' for ''the next higher grade''.

Subsecs. (e) to (g). Pub. L. 105-85, Sec. 514(b), redesignated

subsecs. (f) and (g) as (e) and (f), respectively, and struck out

former subsec. (e) which read as follows:

''(e) Reserve Officers of the Army; Consideration for Brigadier

General and Major General. - In the case of officers of the Army,

if the Secretary of the Army determines that vacancies are

authorized or anticipated in the reserve grades of major general or

brigadier general for officers who are on the reserve active-status

list and who are not assigned to units organized to serve as a unit

and the Secretary convenes a mandatory promotion board under

section 14101(a) of this title to consider officers for promotion

to fill such vacancies, the Secretary may limit the officers to be

considered by that board to those determined to be exceptionally

well qualified for promotion under such criteria and procedures as

the Secretary may by regulation prescribe.''

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 513(b), Oct. 5, 1999, 113

Stat. 593, provided that:

''(1) Subsection (h) of section 14301 of title 10, United States

Code (as added by subsection (a)), shall apply with respect to

boards convened under section 14101(a) of such title before, on, or

after the date of the enactment of this Act (Oct. 5, 1999).

''(2) The Secretary of the military department concerned, upon

receipt of request submitted in a form and manner prescribed by the

Secretary, shall expunge from the military records of an officer

any indication of a failure of selection of the officer for

promotion by a board referred to in paragraph (1) while the officer

was ineligible for consideration by that board by reason of section

14301(h) of title 10, United States Code.''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 503(b), (c) of Pub. L. 105-85 effective Nov.

18, 1997, and applicable with respect to selection boards that are

convened under section 611(a), 14101(a), or 14502 of this title on

or after Nov. 18, 1997, see section 503(d) of Pub. L. 105-85, set

out as a note under section 619 of this title.

EFFECTIVE DATE

Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L.

103-337, set out as a note under section 10001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14304 of this title.

-CITE-

10 USC Sec. 14302 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14302. Promotion zones

-STATUTE-

(a) Promotion Zones Generally. - For purposes of this chapter, a

promotion zone is an eligibility category for the consideration of

officers by a mandatory promotion board. A promotion zone consists

of those officers on the reserve active-status list who are in the

same grade and competitive category and who meet the requirements

of both paragraphs (1) and (2) or the requirements of paragraph

(3), as follows:

(1)(A) In the case of officers in grades below colonel, for

reserve officers of the Army, Air Force, and Marine Corps, or

captain, for officers of the Naval Reserve, those who have

neither (i) failed of selection for promotion to the next higher

grade, nor (ii) been removed from a list of officers recommended

for promotion to that grade.

(B) In the case of officers in the grade of colonel or

brigadier general, for reserve officers of the Army and Marine

Corps, or in the grade of captain or rear admiral (lower half),

for reserve officers of the Navy, those who have neither (i) been

recommended for promotion to the next higher grade when

considered in the promotion zone, nor (ii) been removed from a

list of officers recommended for promotion to that grade.

(2) Those officers who are senior to the officer designated by

the Secretary of the military department concerned to be the

junior officer in the promotion zone eligible for consideration

for promotion to the next higher grade and the officer so

designated.

(3) Those officers who -

(A) have been selected from below the zone for promotion to

the next higher grade or by a vacancy promotion board, but

whose names were removed from the list of officers recommended

for promotion to that next higher grade resulting from that

selection;

(B) have not failed of selection for promotion to that next

higher grade; and

(C) are senior to the officer designated by the Secretary of

the military department concerned to be the junior officer in

the promotion zone eligible for consideration for promotion to

that next higher grade and the officer so designated.

(b) Officers Above the Zone. - Officers on the reserve

active-status list are considered to be above the promotion zone

for a grade and competitive category if they -

(1) are eligible for consideration for promotion to the next

higher grade;

(2) are in the same grade as those officers in the promotion

zone for that competitive category; and

(3) are senior to the senior officer in the promotion zone for

that competitive category.

(c) Officers Below the Zone. - Officers on the reserve

active-status list are considered to be below the promotion zone

for a grade and competitive category if they -

(1) are eligible for consideration for promotion to the next

higher grade;

(2) are in the same grade as those officers in the promotion

zone for that competitive category; and

(3) are junior to the junior officer in the promotion zone for

that competitive category.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2932.)

-CITE-

10 USC Sec. 14303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14303. Eligibility for consideration for promotion: minimum

years of service in grade

-STATUTE-

(a) Officers in Pay Grades O-1 and O-2. - An officer who is on

the reserve active-status list of the Army, Navy, Air Force, or

Marine Corps and holds a permanent appointment in the grade of

second lieutenant or first lieutenant as a reserve officer of the

Army, Air Force, or Marine Corps, or in the grade of ensign or

lieutenant (junior grade) as a reserve officer of the Navy, may not

be promoted to the next higher grade, or granted Federal

recognition in that grade, until the officer has completed the

following years of service in grade:

(1) Eighteen months, in the case of an officer holding a

permanent appointment in the grade of second lieutenant or

ensign.

(2) Two years, in the case of an officer holding a permanent

appointment in the grade of first lieutenant or lieutenant

(junior grade).

(b) Officers in Pay Grades O-3 and Above. - Subject to subsection

(d), an officer who is on the reserve active-status list of the

Army, Air Force, or Marine Corps and holds a permanent appointment

in a grade above first lieutenant, or who is on the reserve

active-status list of the Navy in a grade above lieutenant (junior

grade), may not be considered for selection for promotion to the

next higher grade, or examined for Federal recognition in the next

higher grade, until the officer has completed the following years

of service in grade:

(1) Three years, in the case of an officer of the Army, Air

Force, or Marine Corps holding a permanent appointment in the

grade of captain, major, or lieutenant colonel or in the case of

a reserve officer of the Navy holding a permanent appointment in

the grade of lieutenant, lieutenant commander, or commander.

(2) One year, in the case of an officer of the Army, Air Force,

or Marine Corps holding a permanent appointment in the grade of

colonel or brigadier general or in the case of a reserve officer

of the Navy holding a permanent appointment in the grade of

captain or rear admiral (lower half).

This subsection does not apply to an adjutant general or assistant

adjutant general of a State or to an appointment in a higher grade

which is based upon a specific provision of law.

(c) Authority To Lengthen Minimum Period in Grade. - The

Secretary concerned may prescribe a period of service in grade for

eligibility for promotion, in the case of officers to whom

subsection (a) applies, or for eligibility for consideration for

promotion, in the case of officers to whom subsection (b) applies,

that is longer than the applicable period specified in that

subsection.

(d) Waivers To Ensure Two Below-the-Zone Considerations. -

Subject to section 14307(b) of this title, the Secretary of the

military department concerned may waive subsection (b) to the

extent necessary to ensure that officers described in paragraph (1)

of that subsection have at least two opportunities for

consideration for promotion to the next higher grade as officers

below the promotion zone.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2933.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14305, 14315 of this

title; title 32 sections 309, 310.

-CITE-

10 USC Sec. 14304 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14304. Eligibility for consideration for promotion: maximum

years of service in grade

-STATUTE-

(a) Consideration for Promotion Within Specified Times. - (1)

Officers described in paragraph (3) shall be placed in the

promotion zone for that officer's grade and competitive category,

and shall be considered for promotion to the next higher grade by a

promotion board convened under section 14101(a) of this title, far

enough in advance of completing the years of service in grade

specified in the following table so that, if the officer is

recommended for promotion, the promotion may be effective on or

before the date on which the officer will complete those years of

service.

---------------------------------------------------------------------

Current Grade Maximum years of service in

grade

---------------------------------------------------------------------

First lieutenant or Lieutenant 5 years

(junior grade)

Captain or Navy Lieutenant 7 years

Major or Lieutenant commander 7 years

-------------------------------

(2) Paragraph (1) is subject to subsections (a), (b), and (c) of

section 14301 of this title and applies without regard to

vacancies.

(3) Paragraph (1) applies to an officer who is on the reserve

active-status list of the Army, Navy, Air Force, or Marine Corps

and who holds a permanent appointment in the grade of first

lieutenant, captain, or major as a reserve of the Army, Air Force,

or Marine Corps, or to an officer on the reserve active-status list

of the Navy in the grade of lieutenant (junior grade), lieutenant,

or lieutenant commander as a reserve of the Navy, and who, while

holding that appointment, has not been considered by a selection

board convened under section 14101(a) or 14502 of this title for

promotion to the next higher grade.

(b) Promotion Date. - An officer holding a permanent grade

specified in the table in subsection (a) who is recommended for

promotion to the next higher grade by a selection board the first

time the officer is considered for promotion while in or above the

promotion zone and who is placed on an approved promotion list

established under section 14308(a) of this title shall (if not

promoted sooner or removed from that list by the President or by

reason of declination) be promoted, without regard to the existence

of a vacancy, on the date on which the officer completes the

maximum years of service in grade specified in subsection (a). The

preceding sentence is subject to the limitations of section 12011

of this title.

(c) Waiver Authority for Navy and Marine Corps Running Mate

System. - If the Secretary of the Navy establishes promotion zones

for officers on the reserve active-status list of the Navy or the

Marine Corps Reserve in accordance with a running mate system under

section 14306 of this title, the Secretary may waive the

requirements of subsection (a) to the extent the Secretary

considers necessary in any case in which the years of service for

promotion, or for consideration for promotion, within those zones

will exceed the maximum years of service in grade specified in

subsection (a).

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2934.)

-MISC1-

MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION

Section 1685 of title XVI of div. A of Pub. L. 103-337 provided

that: ''During the five-year period beginning on the effective date

of this title (Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title), the Secretary of the Army and the Secretary of the Air

Force may waive the provisions of section 14304 of title 10, United

States Code, as added by this title. The Secretary may, in

addition, during any period in which such a waiver is in effect,

establish minimum periods of total years of commissioned service an

officer must have served to be eligible for consideration for

promotion to the grade of captain, major, or lieutenant colonel by

boards convened under section 14101(a) of title 10, United States

Code, as added by this title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12009, 14305 of this

title.

-CITE-

10 USC Sec. 14305 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14305. Establishment of promotion zones: mandatory

consideration for promotion

-STATUTE-

(a) Establishment of Zone. - Before convening a mandatory

promotion board under section 14101(a) of this title, the Secretary

of the military department concerned shall establish a promotion

zone for officers serving in each grade and competitive category to

be considered by the board.

(b) Number in the Zone. - The Secretary concerned shall determine

the number of officers in the promotion zone for officers serving

in any grade and competitive category from among officers who are

eligible for promotion in that grade and competitive category under

the provisions of sections 14303 and 14304 of this title and who

are otherwise eligible for promotion.

(c) Factors in Determining Number in the Zone. - The Secretary's

determination under subsection (b) shall be made on the basis of an

estimate of the following:

(1) The number of officers needed in that competitive category

in the next higher grade in each of the next five years.

(2) In the case of a promotion zone for officers to be promoted

to a grade to which the maximum years of in grade criteria

established in section 14304 of this title apply, the number of

officers in that competitive category who are required to be

considered for selection for promotion to the next higher grade

under that section.

(3) The number of officers that should be placed in the

promotion zone in each of the next five years to provide to

officers in those years relatively similar opportunities for

promotion.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2935.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14306 of this title.

-CITE-

10 USC Sec. 14306 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14306. Establishment of promotion zones: Naval Reserve and

Marine Corps Reserve running mate system

-STATUTE-

(a) Authority of Secretary of the Navy. - The Secretary of the

Navy may by regulation implement section 14305 of this title by

requiring that the promotion zone for consideration of officers on

the reserve active-status list of the Navy or the Marine Corps for

promotion to the next higher grade be determined in accordance with

a running mate system as provided in subsection (b).

(b) Assignment of Running Mates. - An officer to whom a running

mate system applies shall be assigned as a running mate an officer

of the same grade on the active-duty list of the same armed force.

The officer on the reserve active-status list is in the promotion

zone and is eligible for consideration for promotion to the next

higher grade by a selection board convened under section 14101(a)

of this title when that officer's running mate is in or above the

promotion zone established for that officer's grade under chapter

36 of this title.

(c) Consideration of Officers Below the Zone Under a Running Mate

System. - If the Secretary of the Navy authorizes the selection of

officers for promotion from below the promotion zone in accordance

with section 14307 of this title, the number of officers to be

considered from below the zone may be established through the

application of the running mate system or otherwise as the

Secretary determines to be appropriate to meet the needs of the

Navy or Marine Corps.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2935.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (b) of this section were

contained in section 5899 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14304, 14308 of this

title.

-CITE-

10 USC Sec. 14307 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14307. Number of officers to be recommended for promotion

-STATUTE-

(a) Determination of Maximum Number. - Before convening a

promotion board under section 14101(a) of this title for a grade

and competitive category (other than a vacancy promotion board),

the Secretary of the military department concerned, under

regulations prescribed by the Secretary of Defense, shall determine

the maximum number of officers in that grade and competitive

category that the board may recommend for promotion. The Secretary

shall make the determination under the preceding sentence of the

maximum number that may be recommended with a view to having on the

reserve active-status list a sufficient number of officers in each

grade and competitive category to meet the needs of the armed force

concerned for officers on that list. In order to make that

determination, the Secretary shall determine (1) the number of

positions needed to accomplish mission objectives which require

officers of such competitive category in the grade to which the

board will recommend officers for promotion, (2) the estimated

number of officers needed to fill vacancies in such positions

during the period in which it is anticipated that officers selected

for promotion will be promoted, (3) the number of officers

authorized by the Secretary of the military department concerned to

serve on the reserve active-status list in the grade and

competitive category under consideration, and (4) any statutory

limitation on the number of officers in any grade or category (or

combination thereof) authorized to be on the reserve active-status

list.

(b) Below-the-Zone Selections. - (1) The Secretary of the

military department concerned may, when the needs of the armed

force concerned require, authorize the consideration of officers in

the grade of captain, major, or lieutenant colonel on the reserve

active-status list of the Army or Air Force, in a grade above first

lieutenant on the reserve active-status list of the Marine Corps,

or in a grade above lieutenant (junior grade) on the reserve

active-status list of the Navy, for promotion to the next higher

grade from below the promotion zone.

(2) When selection from below the promotion zone is authorized,

the Secretary shall establish the number of officers that may be

recommended for promotion from below the promotion zone in each

competitive category to be considered. That number may not exceed

the number equal to 10 percent of the maximum number of officers

that the board is authorized to recommend for promotion in such

competitive category, except that the Secretary of Defense may

authorize a greater number, not to exceed 15 percent of the total

number of officers that the board is authorized to recommend for

promotion, if the Secretary of Defense determines that the needs of

the armed force concerned so require. If the maximum number

determined under this paragraph is less than one, the board may

recommend one officer for promotion from below the promotion zone.

(3) The number of officers recommended for promotion from below

the promotion zone does not increase the maximum number of officers

that the board is authorized to recommend for promotion under

subsection (a).

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2936.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5901 of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14107, 14303, 14306 of

this title.

-CITE-

10 USC Sec. 14308 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14308. Promotions: how made

-STATUTE-

(a) Promotion List. - When the report of a selection board

convened under section 14101(a) or 14502 of this title is approved

by the President, the Secretary of the military department

concerned shall place the names of all officers selected for

promotion within a competitive category on a single list for that

competitive category, to be known as a promotion list, in the order

of seniority of those officers on the reserve active-status list.

(b) Promotion; How Made; Order. - (1) Officers on a promotion

list for a competitive category shall be promoted in the manner

specified in section 12203 of this title.

(2) Officers on a promotion list for a competitive category shall

be promoted to the next higher grade in accordance with regulations

prescribed by the Secretary of the military department concerned.

Except as provided in section 14311, 14312, or 14502(e) of this

title or in subsection (d) or (e), promotions shall be made in the

order in which the names of officers appear on the promotion list

and after officers previously selected for promotion in that

competitive category have been promoted.

(3) Officers to be promoted to the grade of first lieutenant or

lieutenant (junior grade) shall be promoted in accordance with

regulations prescribed by the Secretary of the military department

concerned.

(4)(A) Officers in the permanent grade of first lieutenant or, in

the case of the Navy, lieutenant (junior grade) who are on an

approved all-fully-qualified-officers list shall be promoted to the

next higher grade in accordance with regulations prescribed by the

Secretary concerned. Such promotions shall be in the manner

specified in section 12203 of this title.

(B) An all-fully-qualified-officers list shall be considered to

be approved for purposes of subparagraph (A) when the list is

approved by the President. When so approved, such a list shall be

treated in the same manner as a promotion list under this chapter

and chapter 1403 of this title.

(C) The Secretary of a military department may make a

recommendation to the President for approval of an

all-fully-qualified-officers list only when the Secretary

determines that all officers on the list are needed in the next

higher grade to accomplish mission objectives.

(D) For purposes of this paragraph, an

all-fully-qualified-officers list is a list of all officers on the

reserve active-status list in a grade who the Secretary of the

military department concerned determines -

(i) are fully qualified for promotion to the next higher grade;

and

(ii) would be eligible for consideration for promotion to the

next higher grade by a selection board convened under section

14101(a) of this title upon the convening of such a board.

(c) Date of Rank. - (1) The date of rank of an officer appointed

to a higher grade under this section is determined under section

741(d)(2) of this title.

(2) The date of rank of an officer appointed to a higher grade

under this section may be adjusted in the same manner as an

adjustment may be made under section 741(d)(4) of this title in the

date of rank of an officer appointed to a higher grade under

section 624(a) of this title. In any use of the authority under

the preceding sentence, subparagraph (C)(ii) of such section shall

be applied by substituting ''reserve active-status list'' for

''active-duty list''.

(3) Except as provided in paragraph (2) or as otherwise

specifically authorized by law, a reserve officer is not entitled

to additional pay or allowances if the effective date of the

officer's promotion is adjusted to reflect a date earlier than the

actual date of the officer's promotion.

(d) Officers With Running Mates. - An officer to whom a running

mate system applies under section 14306 of this title and who is

selected for promotion is eligible for promotion to the grade for

which selected when the officer who is that officer's running mate

becomes eligible for promotion under chapter 36 of this title. The

effective date of the promotion of that officer shall be the same

as that of the officer's running mate in the grade to which the

running mate is promoted.

(e) Army Reserve and Air Force Reserve Promotions To Fill

Vacancies. - Subject to this section and to section 14311(e) of

this title, and under regulations prescribed by the Secretary of

the military department concerned -

(1) an officer in the Army Reserve or the Air Force Reserve who

is on a promotion list as a result of selection for promotion by

a mandatory promotion board convened under section 14101(a) of

this title or a board convened under section 14502 or chapter 36

of this title may be promoted at any time to fill a vacancy in a

position to which the officer is assigned; and

(2) an officer in a grade below colonel in the Army Reserve or

the Air Force Reserve who is on a promotion list as a result of

selection for promotion by a vacancy promotion board convened

under section 14101(a) of this title may be promoted at any time

to fill the vacancy for which the officer was selected.

(f) Effective Date of Promotion After Federal Recognition. - The

effective date of a promotion of a reserve commissioned officer of

the Army or the Air Force who is extended Federal recognition in

the next higher grade in the Army National Guard or the Air

National Guard under section 307 or 310 of title 32 shall be the

date on which such Federal recognition in that grade is so

extended.

(g) Army and Air Force General Officer Promotions. - A reserve

officer of the Army or the Air Force who is on a promotion list for

promotion to the grade of brigadier general or major general as a

result of selection by a vacancy promotion board may be promoted to

that grade only to fill a vacancy in the Army Reserve or the Air

Force Reserve, as the case may be, in that grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2937; amended Pub. L. 105-85, div. A, title V,

Sec. 514(c), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107-107, div.

A, title V, Sec. 505(b)(1), 506(b), Dec. 28, 2001, 115 Stat. 1086,

1089.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsecs. (a), (d), and (f) of this

section were contained in sections 3385, 5902(a) to (c), and 8374

of this title, prior to repeal by Pub. L. 103-337, Sec. 1629(a)(1),

(b)(2), (c)(1).

AMENDMENTS

2001 - Subsec. (b)(4). Pub. L. 107-107, Sec. 505(b)(1), added

par. (4).

Subsec. (c)(2). Pub. L. 107-107, Sec. 506(b)(1)(B), added par.

(2). Former par. (2) redesignated (3).

Subsec. (c)(3). Pub. L. 107-107, Sec. 506(b)(1)(A), (2),

redesignated par. (2) as (3) and inserted ''provided in paragraph

(2) or as otherwise'' after ''Except as''.

1997 - Subsec. (e)(2). Pub. L. 105-85, Sec. 514(c)(1), inserted

''a grade below colonel in'' after ''an officer in''.

Subsec. (g). Pub. L. 105-85, Sec. 514(c)(2), inserted ''or the

Air Force'' after ''A reserve officer of the Army'', substituted

''in the Army Reserve or the Air Force Reserve, as the case may be,

in that grade'' for ''in that grade in a unit of the Army Reserve

that is organized to serve as a unit and that has attained the

strength prescribed by the Secretary of the Army'', and struck out

at end ''A reserve officer of the Air Force who is on a promotion

list for promotion to the grade of brigadier general or major

general as a result of selection by a vacancy promotion board may

be promoted to that grade only to fill a vacancy in the Air Force

Reserve in that grade.''

EFFECTIVE DATE OF 2001 AMENDMENT

Subsec. (c)(2) of this section applicable with respect to any

report of a selection board recommending officers for promotion to

the next higher grade that is submitted to the Secretary of the

military department concerned on or after Dec. 28, 2001, and

Secretary of the military department concerned may apply subsec.

(c)(2) of this section in the case of an appointment of an officer

to a higher grade resulting from a report of a selection board

submitted to the Secretary before Dec. 28, 2001, if the Secretary

determines that such appointment would have been made on an earlier

date that is on or after Oct. 1, 2001, and was delayed under the

circumstances specified in section 741(d)(4) of this title, see

section 506(c) of Pub. L. 107-107, set out as a note under section

741 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14101, 14301, 14304,

14502, 14504 of this title; title 32 section 310; title 37 section

905.

-CITE-

10 USC Sec. 14309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14309. Acceptance of promotion; oath of office

-STATUTE-

(a) Acceptance. - An officer who is appointed to a higher grade

under this chapter shall be considered to have accepted the

appointment on the date on which the appointment is made unless the

officer expressly declines the appointment or is granted a delay of

promotion under section 14312 of this title.

(b) Oath. - An officer who has served continuously since taking

the oath of office prescribed in section 3331 of title 5 is not

required to take a new oath upon appointment to a higher grade

under this chapter.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2938.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3394 and 8394 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(a)(1), (c)(1).

-CITE-

10 USC Sec. 14310 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14310. Removal of officers from a list of officers recommended

for promotion

-STATUTE-

(a) Removal by President. - The President may remove the name of

any officer from a promotion list at any time before the date on

which the officer is promoted.

(b) Removal for Withholding of Senate Advice and Consent. - If

the Senate does not give its advice and consent to the appointment

to the next higher grade of an officer whose name is on a list of

officers approved by the President for promotion (except in the

case of promotions to a reserve grade to which appointments may be

made by the President alone), the name of that officer shall be

removed from the list.

(c) Continued Eligibility for Promotion. - An officer whose name

is removed from a list under subsection (a) or (b) continues to be

eligible for consideration for promotion. If that officer is

recommended for promotion by the next selection board convened for

that officer's grade and competitive category and the officer is

promoted, the Secretary of the military department concerned may,

upon the promotion, grant the officer the same date of rank, the

same effective date for the pay and allowances of the grade to

which promoted, and the same position on the reserve active-status

list, as the officer would have had if the officer's name had not

been removed from the list.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2938.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 5905 of this title, prior to repeal by Pub. L. 103-337,

Sec. 1629(b)(2).

REMOVALS FROM PROMOTION LIST

Section 1684(b) of title XVI of div. A of Pub. L. 103-337, as

amended by Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(9),

Feb. 10, 1996, 110 Stat. 495, provided that: ''An action that was

initiated before the effective date of this title (Oct. 1, 1996,

see section 1691(b)(1), (2) of Pub. L. 103-337, set out as an

Effective Date note under section 10001 of this title) under the

laws and regulations in effect before that date to remove the name

of an officer from a promotion list or from a list of officers

recommended or approved for promotion shall continue on and after

such date as if such action had been initiated under section

14111(c) or 14310, as appropriate, of title 10, United States Code,

as added by this title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14501 of this title.

-CITE-

10 USC Sec. 14311 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14311. Delay of promotion: involuntary

-STATUTE-

(a) Delay During Investigations and Proceedings. - (1) Under

regulations prescribed by the Secretary of the military department

concerned, the appointment of an officer to a higher grade may be

delayed if any of the following applies before the date on which

the appointment would otherwise be made:

(A) Sworn charges against the officer have been received by an

officer exercising general court-martial jurisdiction over the

officer and the charges have not been disposed of.

(B) An investigation is being conducted to determine whether

disciplinary action of any kind should be brought against the

officer.

(C) A board of officers has been convened under section 14903

of this title to review the record of the officer.

(D) A criminal proceeding in a Federal or State court of

competent jurisdiction is pending against the officer.

(2) If disciplinary action is not taken against the officer, if

the charges against the officer are withdrawn or dismissed, if the

officer is not separated by the Secretary of the military

department concerned as the result of having been required to show

cause for retention, or if the officer is acquitted of the charges,

as the case may be, then (unless action to delay the officer's

appointment to the higher grade has been taken under subsection

(b)) the officer shall be retained on the promotion list (including

an approved all-fully-qualified-officers list, if applicable), list

of officers found qualified for Federal recognition, or list of

officers nominated by the President to the Senate for appointment

in a higher reserve grade and shall, upon promotion to the next

higher grade, have the same date of rank, the same effective date

for the pay and allowances of the grade to which promoted, and the

same position on the reserve active-status list as the officer

would have had if no delay had intervened, unless the Secretary

concerned determines that the officer was unqualified for promotion

for any part of the delay. If the Secretary makes such a

determination, the Secretary may adjust such date of rank,

effective date of pay and allowances, and position on the reserve

active-status list as the Secretary considers appropriate under the

circumstances.

(b) Delay for Lack of Qualifications. - Under regulations

prescribed by the Secretary of the military department concerned,

the appointment of an officer to a higher grade may also be delayed

if there is cause to believe that the officer is mentally,

physically, morally, or professionally unqualified to perform the

duties of the grade to which selected. If the Secretary concerned

later determines that the officer is qualified for promotion to the

higher grade, the officer shall be retained on the promotion list

(including an approved all-fully-qualified-officers list, if

applicable), the list of officers found qualified for Federal

recognition, or list of officers nominated by the President to the

Senate for appointment in a higher reserve grade, and shall, upon

promotion to that grade, have the same date of rank, the same

effective date for pay and allowances of that grade, and the same

position on the reserve active-status list as the officer would

have had if no delay had intervened, unless the Secretary concerned

determines that the officer was unqualified for promotion for any

part of the delay. If the Secretary makes such a determination,

the Secretary may adjust such date of rank, effective date of pay

and allowances, and position on the reserve active-status list as

the Secretary considers appropriate under the circumstances.

(c) Notice to Officer. - (1) The appointment of an officer to a

higher grade may not be delayed under subsection (a) or (b) unless

the officer is given written notice of the grounds for the delay.

The preceding sentence does not apply if it is impracticable to

give the officer written notice before the date on which the

appointment to the higher grade would otherwise take effect, but in

such a case the written notice shall be given as soon as

practicable.

(2) An officer whose promotion is delayed under subsection (a) or

(b) shall be given an opportunity to make a written statement to

the Secretary of the military department concerned in response to

the action taken. The Secretary shall give consideration to any

such statement.

(d) Maximum Length of Delay in Promotion. - The appointment of an

officer to a higher grade may not be delayed under subsection (a)

or (b) for more than six months after the date on which the officer

would otherwise have been promoted unless the Secretary concerned

specifies a further period of delay. An officer's appointment may

not be delayed more than 90 days after final action has been taken

in any criminal case against the officer in a Federal or State

court of competent jurisdiction or more than 90 days after final

action has been taken in any court-martial case against the

officer. Except for court action, a promotion may not be delayed

more than 18 months after the date on which the officer would

otherwise have been promoted.

(e) Delay Because of Limitations on Officer Strength in Grade or

Duties to Which Assigned. - (1) Under regulations prescribed by the

Secretary of Defense, the promotion of a reserve officer on the

reserve active-status list who is serving on active duty, or who is

on full-time National Guard duty for administration of the reserves

or the National Guard, to a grade to which the strength limitations

of section 12011 of this title apply shall be delayed if necessary

to ensure compliance with those strength limitations. The delay

shall expire when the Secretary determines that the delay is no

longer required to ensure such compliance.

(2) The promotion of an officer described in paragraph (1) shall

also be delayed while the officer is on duty described in that

paragraph unless the Secretary of the military department

concerned, under regulations prescribed by the Secretary of

Defense, determines that the duty assignment of the officer

requires a higher grade than the grade currently held by the

officer.

(3) The date of rank and position on the reserve active-status

list of a reserve officer whose promotion to or Federal recognition

in the next higher grade was delayed under paragraph (1) or (2)

solely as the result of the limitations imposed under the

regulations prescribed by the Secretary of Defense or contained in

section 12011 of this title shall be the date on which the officer

would have been promoted to or recognized in the higher grade had

such limitations not existed.

(4) If an officer whose promotion is delayed under paragraph (1)

or (2) completes the period of active duty or full-time National

Guard duty that the officer is required by law or regulation to

perform as a member of a reserve component, the officer may request

release from active duty or full-time National Guard duty. If the

request is granted, the officer's promotion shall be effective upon

the officer's release from such duty. The date of rank and

position on the reserve active-status list of the officer shall be

the date the officer would have been promoted to or recognized in

the higher grade had the limitations imposed under regulations

prescribed by the Secretary of Defense contained in section 12011

of this title not existed. If an officer whose promotion is

delayed under paragraph (1) or (2) has not completed the period of

active duty or full-time National Guard duty that the officer is

required by law or regulation to perform as a member of a reserve

component, the officer may be retained on active duty or on

full-time National Guard duty in the grade in which the officer was

serving before the officer's being found qualified for Federal

recognition or the officer's selection for the promotion until the

officer completes that required period of duty.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2939; amended Pub. L. 107-107, div. A, title V,

Sec. 505(c)(2)(B), Dec. 28, 2001, 115 Stat. 1088.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3363(e), 3380(b), 5902(d), 8363(g), and 8380(b) of this

title, prior to repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2),

(c)(1).

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-107, Sec. 505(c)(2)(B)(i),

inserted ''(including an approved all-fully-qualified-officers

list, if applicable)'' after ''on the promotion list''.

Subsec. (b). Pub. L. 107-107, Sec. 505(c)(2)(B)(ii), inserted

''(including an approved all-fully-qualified-officers list, if

applicable)'' after ''on the promotion list'' in second sentence.

DELAYS IN PROMOTIONS

Section 1684(a) of title XVI of div. A of Pub. L. 103-337

provided that:

''(1) A delay in a promotion that is in effect on the day before

the effective date of this title (Oct. 1, 1996, see section

1691(b)(1), (2) of Pub. L. 103-337, set out as an Effective Date

note under section 10001 of this title) under the laws and

regulations in effect on that date shall continue in effect on and

after that date as if the promotion had been delayed under section

14311 of title 10, United States Code, as added by this title.

''(2) The delay of the promotion of a reserve officer of the Army

or the Air Force which was in effect solely to achieve compliance

with limitations set out in section 524 of title 10, United States

Code, or with regulations prescribed by the Secretary of Defense

with respect to sections 3380(c) and 8380(c) of title 10, United

States Code, as in effect on the day before the effective date of

this title, shall continue in effect as if the promotion had been

delayed under section 14311(e) of such title, as added by this

title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14308, 14316 of this

title.

-CITE-

10 USC Sec. 14312 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14312. Delay of promotion: voluntary

-STATUTE-

(a) Authority for Voluntary Delays. - (1) The Secretary of the

military department concerned may, by regulation, permit delays of

a promotion of an officer who is recommended for promotion by a

mandatory selection board convened under section 14101(a) or a

special selection board convened under section 14502 of this title

at the request of the officer concerned. Such delays, in the case

of any promotion, may extend for any period not to exceed three

years from the date on which the officer would otherwise be

promoted.

(2) Regulations under this section shall provide that -

(A) a request for such a delay of promotion must be submitted

by the officer concerned before the delay may be approved; and

(B) denial of such a request shall not be considered to be a

failure of selection for promotion unless the officer declines to

accept a promotion under circumstances set forth in subsection

(c).

(b) Effect of Approval of Request. - If a request for delay of a

promotion under subsection (a) is approved, the officer's name

shall remain on the promotion list during the authorized period of

delay (unless removed under any other provision of law). Upon the

end of the period of the authorized delay, or at any time during

such period, the officer may accept the promotion, which shall be

effective on the date of acceptance. Such an acceptance of a

promotion shall be made in accordance with regulations prescribed

under this section.

(c) Effect of Declining a Promotion. - An officer's name shall be

removed from the promotion list and, if the officer is serving in a

grade below colonel or, in the case of the Navy, captain, the

officer shall be considered to have failed of selection for

promotion if any of the following applies:

(1) The Secretary concerned has not authorized voluntary delays

of promotion under subsection (a) to the grade concerned and the

officer declines to accept an appointment to a higher grade.

(2) The Secretary concerned has authorized voluntary delays of

promotion under subsection (a), but has denied the request of the

officer for a delay of promotion and the officer then declines to

accept an appointment to a higher grade.

(3) The Secretary concerned has approved the request of an

officer for a delay of promotion and, upon the end of the period

of delay authorized in accordance with regulations prescribed

under subsection (a), the officer then declines to accept an

appointment to a higher grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2941.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14308, 14309 of this

title.

-CITE-

10 USC Sec. 14313 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14313. Authority to vacate promotions to grade of brigadier

general or rear admiral (lower half)

-STATUTE-

(a) Authority. - The President may vacate the appointment of a

reserve officer to the grade of brigadier general or rear admiral

(lower half) if the period of time during which the officer has

served in that grade after promotion to that grade is less than 18

months.

(b) Effect of Promotion Being Vacated. - Except as provided in

subsection (c), an officer whose promotion to the grade of

brigadier general is vacated under this section holds the grade of

colonel as a reserve of the armed force of which the officer is a

member. An officer whose promotion to the grade of rear admiral

(lower half) is vacated under this section holds the grade of

captain in the Naval Reserve. Upon assuming the lower grade, the

officer shall have the same position on the reserve active-status

list as the officer would have had if the officer had not served in

the higher grade.

(c) Special Rule for Officers Serving as Adjutant General. - In

the case of an officer serving as an adjutant general or assistant

adjutant general whose promotion to the grade of brigadier general

is vacated under this section, the officer then holds the reserve

grade held by that officer immediately before the officer's

appointment as adjutant general or assistant adjutant general.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2942.)

-CITE-

10 USC Sec. 14314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14314. Army and Air Force commissioned officers: generals

ceasing to occupy positions commensurate with grade; State

adjutants general

-STATUTE-

(a) General Officers. - Within 30 days after a reserve officer of

the Army or the Air Force on the reserve active-status list in a

general officer grade ceases to occupy a position commensurate with

that grade (or commensurate with a higher grade), the Secretary

concerned shall transfer or discharge the officer in accordance

with whichever of the following the officer elects:

(1) Transfer the officer in grade to the Retired Reserve, if

the officer is qualified and applies for the transfer.

(2) Transfer the officer in grade to the inactive status list

of the Standby Reserve, if the officer is qualified.

(3) Discharge the officer from the officer's reserve

appointment and, if the officer is qualified and applies

therefor, appoint the officer in the reserve grade held by the

officer as a reserve officer before the officer's appointment in

a general officer grade.

(4) Discharge the officer from the officer's reserve

appointment.

(b) Adjutants General. - If a reserve officer who is federally

recognized in the Army National Guard or the Air National Guard

solely because of the officer's appointment as adjutant general or

assistant adjutant general of a State ceases to occupy that

position, the Secretary concerned, not later than 30 days after the

date on which the officer ceases to occupy that position, shall -

(1) withdraw that officer's Federal recognition; and

(2) require that the officer -

(A) be transferred in grade to the Retired Reserve, if the

officer is qualified and applies for the transfer;

(B) be discharged from the officer's reserve appointment and

appointed in the reserve grade held by the officer as a reserve

officer immediately before the appointment of that officer as

adjutant general or assistant adjutant general, if the officer

is qualified and applies for that appointment; or

(C) be discharged from the officer's reserve appointment.

(c) Credit for Service in Grade. - An officer who is appointed

under subsection (a)(3) or (b)(2)(B) shall be credited with an

amount of service in the grade in which appointed that is equal to

the amount of prior service in an active status in that grade and

in any higher grade.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2942; amended Pub. L. 104-201, div. A, title V,

Sec. 544(c), Sept. 23, 1996, 110 Stat. 2523.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3375, 8375, and 8381 of this title, prior to repeal by

Pub. L. 103-337, Sec. 1629(a)(1), (c)(1).

AMENDMENTS

1996 - Subsec. (b)(2)(B). Pub. L. 104-201 struck out ''of the Air

Force'' after ''reserve officer''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12009 of this title.

-CITE-

10 USC Sec. 14315 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14315. Position vacancy promotions: Army and Air Force

officers

-STATUTE-

(a) Officers Eligible for Consideration For Vacancy Promotions

Below Brigadier General. - A reserve officer of the Army who is in

the Army Reserve, or a reserve officer of the Air Force who is in

the Air Force Reserve, who is on the reserve active-status list in

the grade of first lieutenant, captain, major, or lieutenant

colonel is eligible for consideration for promotion to the next

higher grade under this section if each of the following applies:

(1) The officer is occupying or, as determined by the Secretary

concerned, is available to occupy a position in the same

competitive category as the officer and for which a grade higher

than the one held by that officer is authorized.

(2) The officer is fully qualified to meet all requirements for

the position as established by the Secretary of the military

department concerned.

(3) The officer has held the officer's present grade for the

minimum period of service prescribed in section 14303 of this

title for eligibility for consideration for promotion to the

higher grade.

(b) Consideration for Vacancy Promotion to Brigadier General or

Major General. - (1) A reserve officer of the Army who is in the

Army Reserve and on the reserve active-status list in the grade of

colonel or brigadier general may be considered for promotion to the

next higher grade under this section if the officer (A) is assigned

to the duties of a general officer of the next higher reserve grade

in the Army Reserve or is recommended for such an assignment under

regulations prescribed by the Secretary of the Army, (B) has held

the officer's present grade for the minimum period of service

prescribed in section 14303 of this title for eligibility for

consideration for promotion to the higher grade, and (C) meets the

standards for consideration prescribed by the Secretary of the

Army.

(2) A reserve officer of the Air Force who is in the Air Force

Reserve and on the reserve active-status list in the grade of

colonel or brigadier general may be considered for promotion to the

next higher grade under this section if the officer (A) is assigned

to the duties of a general officer of the next higher reserve grade

or is recommended for such an assignment under regulations

prescribed by the Secretary of the Air Force, and (B) meets the

standards for consideration prescribed by the Secretary of the Air

Force.

(c) Vacancy Promotion Boards. - Consideration for promotion under

this section shall be by a vacancy promotion board convened under

section 14101(a) of this title.

(d) Effect of Nonselection. - An officer who is considered for

promotion under this section and is not selected shall not be

considered to have failed of selection for promotion.

(e) Special Rule for Officers Failed of Selection. - A reserve

officer of the Army or the Air Force who is considered as failed of

selection for promotion under section 14501 of this title to a

grade may be considered for promotion under this section or, if

selected, promoted to that grade only if the Secretary of the

military department concerned finds that the officer is the only

qualified officer available to fill the vacancy. The Secretary

concerned may not delegate the authority under the preceding

sentence.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2943; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(25), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85,

div. A, title V, Sec. 514(d), Nov. 18, 1997, 111 Stat. 1732; Pub.

L. 106-398, Sec. 1 ((div. A), title V, Sec. 501), Oct. 30, 2000,

114 Stat. 1654, 1654A-98.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3384 and 8373 of this title, prior to repeal by Pub. L.

103-337, Sec. 1629(a)(1), (c)(1).

AMENDMENTS

2000 - Subsec. (b)(1)(A). Pub. L. 106-398, Sec. 1 ((div. A),

title V, Sec. 501(1)), inserted ''or is recommended for such an

assignment under regulations prescribed by the Secretary of the

Army'' after ''Army Reserve''.

Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 501(2)), inserted ''or is recommended for such an assignment

under regulations prescribed by the Secretary of the Air Force''

after ''reserve grade''.

1997 - Subsec. (b)(1)(A). Pub. L. 105-85 substituted ''duties of

a general officer of the next higher reserve grade in the Army

Reserve,'' for ''duties of a general officer of the next higher

reserve grade in a unit of the Army Reserve organized to serve as a

unit,''.

1996 - Subsec. (a). Pub. L. 104-106 substituted ''or a reserve

officer'' for ''or a Reserve officer'' in introductory provisions.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14101, 14317 of this

title.

-CITE-

10 USC Sec. 14316 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14316. Army National Guard and Air National Guard: appointment

to and Federal recognition in a higher reserve grade after

selection for promotion

-STATUTE-

(a) Opportunity for Promotion To Fill a Vacancy in the Guard. -

If an officer of the Army National Guard of the United States or

the Air National Guard of the United States is recommended by a

mandatory selection board convened under section 14101(a) or a

special selection board convened under section 14502 of this title

for promotion to the next higher grade, an opportunity shall be

given to the appropriate authority of the State to promote that

officer to fill a vacancy in the Army National Guard or the Air

National Guard of that jurisdiction.

(b) Automatic Federal Recognition. - An officer of the Army

National Guard of the United States or the Air National Guard of

the United States who is on a promotion list for promotion to the

next higher grade as a result of selection for promotion as

described in subsection (a) and who before the date of promotion is

appointed in that higher grade to fill a vacancy in the Army

National Guard or Air National Guard shall -

(1) be extended Federal recognition in that grade, without the

examination prescribed in section 307 of title 32; and

(2) subject to section 14311(e) of this title, be promoted to

that reserve grade effective on the date of the officer's

appointment in that grade in the Army National Guard or Air

National Guard.

(c) National Guard Officers Failed of Selection. - An officer who

is considered as failed of selection for promotion under section

14501 of this title to a grade may be extended Federal recognition

in that grade only if the Secretary of the military department

concerned finds that the officer is the only qualified officer

available to fill a vacancy. The Secretary concerned may not

delegate the authority under the preceding sentence.

(d) Transfer to Army Reserve or Air Force Reserve. - If, on the

date on which an officer of the Army National Guard of the United

States or of the Air National Guard of the United States who is on

a promotion list as described in subsection (a) is to be promoted,

the officer has not been promoted to fill a vacancy in the higher

grade in the Army National Guard or the Air National Guard, the

officer's Federal recognition in the officer's reserve grade shall

be withdrawn and the officer shall be promoted and transferred to

the Army Reserve or the Air Force Reserve as appropriate.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2944.)

-CITE-

10 USC Sec. 14317 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1405 - PROMOTIONS

-HEAD-

Sec. 14317. Officers in transition to and from the active-status

list or active-duty list

-STATUTE-

(a) Effect of Transfer to Inactive Status or Retired Status. - If

a reserve officer on the reserve active-status list is transferred

to an inactive status or to a retired status after having been

recommended for promotion to a higher grade under this chapter or

chapter 36 of this title, or after having been found qualified for

Federal recognition in the higher grade under title 32, but before

being promoted, the officer -

(1) shall be treated as if the officer had not been considered

and recommended for promotion by the selection board or examined

and been found qualified for Federal recognition; and

(2) may not be placed on a promotion list or promoted to the

higher grade after returning to an active status,

unless the officer is again recommended for promotion by a

selection board convened under chapter 36 of this title or section

14101(a) or 14502 of this title or examined for Federal recognition

under title 32.

(b) Effect of Placement on Active-Duty List. - A reserve officer

who is on a promotion list as a result of selection for promotion

by a mandatory promotion board convened under section 14101(a) or a

special selection board convened under section 14502 of this title

and who before being promoted is placed on the active-duty list of

the same armed force and placed in the same competitive category

shall, under regulations prescribed by the Secretary of Defense, be

placed on an appropriate promotion list for officers on the

active-duty list established under chapter 36 of this title.

(c) Officers on a Promotion List Removed From Active-Duty List. -

An officer who is on the active-duty list and is on a promotion

list as the result of selection for promotion by a selection board

convened under chapter 36 of this title and who before being

promoted is removed from the active-duty list and placed on the

reserve active-status list of the same armed force and in the same

competitive category (including a regular officer who on removal

from the active-duty list is appointed as a reserve officer and

placed on the reserve active-status list) shall, under regulations

prescribed by the Secretary of Defense, be placed on an appropriate

promotion list established under this chapter.

(d) Officers Selected for Position Vacancies. - If a reserve

officer is ordered to active duty (other than active duty for

training) or full-time National Guard duty (other than full-time

National Guard duty for training only) after being recommended for

promotion under section 14315 of this title to fill a position

vacancy or examined for Federal recognition under title 32, and

before being promoted to fill that vacancy, the officer shall not

be promoted while serving such active duty or full-time National

Guard duty unless the officer is ordered to active duty as a member

of the unit in which the vacancy exists when that unit is ordered

to active duty. If, under this subsection, the name of an officer

is removed from a list of officers recommended for promotion, the

officer shall be treated as if the officer had not been considered

for promotion or examined for Federal recognition.

(e) Officers Ordered to Active Duty in Time of War or National

Emergency. - Under regulations prescribed by the Secretary of the

military department concerned, a reserve officer who is not on the

active-duty list and who is ordered to active duty in time of war

or national emergency may, if eligible, be considered for promotion

by a mandatory promotion board convened under section 14101(a) or a

special selection board convened under section 14502 of this title

for not more than two years from the date the officer is ordered to

active duty unless the President suspends the operation of this

section under the provisions of section 123 or 10213 of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2945; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(26), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85,

div. A, title X, Sec. 1073(a)(68), Nov. 18, 1997, 111 Stat. 1904.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in subsec. (a) of this section were

contained in sections 3378, 5906, and 8378 of this title, prior to

repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).

AMENDMENTS

1997 - Subsec. (d). Pub. L. 105-85 substituted ''section 14315''

for ''section 14314''.

1996 - Subsec. (e). Pub. L. 104-106 inserted heading and

substituted ''123 or 10213'' for ''10213 or 644''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective as if included in the

Reserve Officer Personnel Management Act, title XVI of Pub. L.

103-337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub.

L. 104-106, set out as a note under section 113 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 741, 12009 of this title.

-CITE-