§14303 — Title 10 Armed Forces | U.S. Code

Summary

Reserve officers on the active-status list must serve a minimum time in their current rank before they can be promoted or receive federal recognition in the next higher rank. For junior ranks the rule is 18 months for second lieutenant or ensign, and 2 years for first lieutenant or lieutenant (junior grade). For higher ranks the rule is 3 years for captain, major, or lieutenant colonel (and for Navy lieutenant, lieutenant commander, or commander) and 1 year for colonel or brigadier general (and for Navy captain or rear admiral (lower half)). The Secretary in charge can require a longer time than these minimums. The military department secretary may waive the higher-rank waiting rule when needed so officers in the 3-year group get at least two chances to be considered for promotion as officers below the promotion zone, subject to section 14307(b).

Title 10, §14303

Armed Forces — Source: USLM XML via OLRC

(a)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)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).

(c)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)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.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

§14303 Eligibility for consideration for promotion: minimum years of service in grade

Summary

Title 10, §14303

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata