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

Summary

Reserve officers on the active-status list cannot be promoted or given Federal recognition to the next rank until they have served a minimum time in their current grade. Second lieutenants and ensigns must serve 18 months. First lieutenants and lieutenants (junior grade) must serve 2 years. For higher grades, captains, majors, and lieutenant colonels in the Army, Air Force, and Marine Corps, and lieutenants, lieutenant commanders, and commanders in the Navy must serve 3 years. Colonels and brigadier generals, and Navy captains and rear admirals (lower half), must serve 1 year. The service Secretary can require a longer time than these minimums. The Secretary of the military department can also waive the 3-year rule so officers in that group get at least two chances for promotion consideration as officers below the promotion zone, but any waiver must follow 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