Title 10 — Armed ForcesRelease 119-73
§14310 Removal of officers from a list of officers recommended for promotion
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART III— - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter CHAPTER 1405— - PROMOTIONS › § 14310
Summary
The President can take an officer’s name off a promotion list at any time before that officer is actually promoted. If the Senate does not confirm an officer for a higher grade that needs Senate approval, the officer’s name must be taken off the list. That does not apply to some reserve grades the President can fill without the Senate. For lists that need Senate confirmation, an officer’s name is removed if they are not appointed during the “promotion eligibility period,” which starts when the list is approved and ends on the first day of the 18th month after approval. The President can extend that period once for 12 more months. Also, under department rules, a reserve officer who is discharged, dropped, or retired after being recommended but before promotion will be removed from the list. If an officer is removed under these rules, they can still be considered by the next selection board. If later promoted, the Secretary may give them the same rank date, pay start date, and place on the reserve list they would have had if they had not been removed.
Full Legal Text
Title 10, §14310
Armed Forces — Source: USLM XML via OLRC
(a)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)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)(1)If an officer whose name is on a list of officers approved for promotion under section 14308(a) of this title to a grade for which appointment is required by section 12203(a) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2)Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3)In this subsection, the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under section 14308(a) of this title to a grade for which appointment is required by section 12203(a) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
(d)Under regulations prescribed by the Secretary concerned, if an officer on the reserve active-status list is discharged or dropped from the rolls or transferred to a retired status after having been recommended for promotion to a higher grade under this chapter or having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer’s name shall be administratively removed from the list of officers recommended for promotion by a selection board.
(e)An officer whose name is removed from a list under subsection (a), (b), or (c) 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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, § 1629(b)(2).
Amendments
2011—Subsec. (d). Pub. L. 111–383, § 504(b)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 111–383, § 1075(f)(7), made technical amendment to directory language of Pub. L. 110–181, § 1063(a)(16). See 2008 Amendment note below. Pub. L. 111–383, § 504(b)(1), redesignated subsec. (d) as (e). 2008—Subsec. (d). Pub. L. 110–181, § 1063(a)(16), as amended by Pub. L. 111–383, § 1075(f)(7), inserted comma after “(a)”. 2006—Subsec. (c). Pub. L. 109–364, § 515(b)(1)(B), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–364, § 515(b)(2), which directed amendment of par. (1) of subsec. (d) by substituting “(b), or (c)” for “or (b)”, was executed by amending text of subsec. (d), which does not contain any pars., to reflect the probable intent of Congress. Pub. L. 109–364, § 515(b)(1)(A), redesignated subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–364 applicable to any promotion list approved by the President after Jan. 1, 2007, see section 515(c) of Pub. L. 109–364, set out as a note under section 629 of this title.
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. Removals From Promotion List Pub. L. 103–337, div. A, title XVI, § 1684(b), Oct. 5, 1994, 108 Stat. 3024, as amended by Pub. L. 104–106, div. A, title XV, § 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.”
Executive Documents
Delegation of Functions For assignment of functions of President under subsec. (a) of this section, see section 1(d) of Ex. Ord. No. 13358, Sept. 28, 2004, 69 F.R. 58797, set out as a note under section 301 of Title 3, The President. Functions of President under subsec. (c)(2) of this section delegated to Secretary of Defense, with authority for Secretary to redelegate, see Ex. Ord. No. 13598, §§ 1(b), 2, Jan. 27, 2012, 77 F.R. 5371, set out as a note under section 301 of Title 3, The President.
Reference
Citations & Metadata
Citation
10 U.S.C. § 14310
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73