PRIA, Government Policy, Made Personal

Summary

Sets how long reserve officers on the active-status list must stay in a rank before they can be promoted or get federal recognition in the next rank. Officers who are second lieutenants or ensigns must serve 18 months. First lieutenants or lieutenants (junior grade) must serve 2 years. For higher ranks: captains, majors, lieutenant colonels (Army, Air Force, Marine Corps) and lieutenants, lieutenant commanders, commanders (Navy) must serve 3 years. Colonels, brigadier generals, and Navy captains or rear admirals (lower half) must serve 1 year. The rule doesn’t apply to State adjutant generals or to promotions based on other laws. The military department secretary can make the required time longer. The secretary can also waive the 3-year rule as needed so those officers get at least two chances to be considered for promotion below the normal promotion zone, but any waiver must follow section 14307(b).

Title 10, §14303

Armed Forces, Source: USLM XML via OLRC

(a)Officers in Pay Grades O–1 and O–2.—

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)Officers in Pay Grades O–3 and Above.—

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).

This subsection does not apply to an adjutant general or assistant adjutant general of a State or to an appointment in a higher grade which is based upon a specific provision of law.

(c)Authority To Lengthen Minimum Period in Grade.—

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)Waivers To Ensure Two Below-the-Zone Considerations.—

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