Title 10Armed ForcesRelease 119-73

§14315 Position vacancy promotions: Army and Air Force officers

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 › § 14315

Last updated Apr 6, 2026|Official source

Summary

Reserve officers in the Army Reserve or the Air Force Reserve who are on the reserve active‑status list can be considered for promotion to the next higher grade when certain rules are met. For officers in the grades of first lieutenant, captain, major, or lieutenant colonel, they must be filling or been recommended to fill a job that allows the higher grade, be fully qualified under rules set by the military Secretary, and have held their current grade for the minimum time required by section 14303. Colonels and brigadier generals have similar rules: Army officers must be or be recommended to be assigned to the next higher general‑officer duties, meet Army standards, and have the minimum time in grade per section 14303; Air Force officers must be or be recommended for the next higher general‑officer duties and meet Air Force standards. A vacancy promotion board under section 14101(a) must make the promotion decisions. Not being chosen here does not count as a failed selection. An officer who was ruled failed under section 14501 can only be considered or promoted under these rules if the service Secretary finds that person is the only qualified officer for the vacancy, and the Secretary cannot give that decision to someone else.

Full Legal Text

Title 10, §14315

Armed Forces — Source: USLM XML via OLRC

(a)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, under regulations prescribed by the Secretary concerned, has been recommended 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)(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)Consideration for promotion under this section shall be by a vacancy promotion board convened under section 14101(a) of this title.
(d)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3384 and 8373 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1).

Amendments

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “under

Regulations

prescribed by the Secretary concerned, has been recommended” for “as determined by the Secretary concerned, is available”. 2000—Subsec. (b)(1)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 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, § 1 [[div. A], title V, § 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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14315

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73