§14504 — Title 10 Armed Forces | U.S. Code

Summary

A reserve first lieutenant in the Army, Air Force, or Marine Corps, or a reserve lieutenant (junior grade) in the Navy, who fails promotion to the next rank a second time and is not on the recommended list must be separated under section 14513 no later than the first day of the seventh month after the month when the Secretary publishes the promotion board’s results that considered the officer the second time. The Secretary may keep the officer for up to 24 months from that publication date to meet planned mobilization needs. Other exceptions in sections 12646 or 12686 also apply. For this chapter, an officer is treated as having failed promotion if the Secretary decides they would be eligible for a promotion board under section 14101(a) but are not judged fully qualified when recommending all fully qualified officers under section 14308(b)(4).

Title 10, §14504

Armed Forces — Source: USLM XML via OLRC

(a)A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.

(b)Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public, or (2) as provided in section 12646 or 12686 of this title.

(c)For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 14308(b)(4) of this title all fully qualified officers of the officer’s armed force in such grade who would be eligible for such consideration.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (b). Pub. L. 119–60 substituted “the Secretary” for “the the Secretary”. 2024—Subsec. (a). Pub. L. 118–159, § 505(b)(4)(A), substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “the President approves the report of the board which considered the officer for the second time”. Subsec. (b). Pub. L. 118–159, § 505(b)(4)(B), substituted “the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public” for “President approves the report of the selection board which resulted in the second failure”. 2001—Subsec. (c). Pub. L. 107–107 added subsec. (c).

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.

§14504 Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy