§14304 — Title 10 Armed Forces | U.S. Code

Summary

Officers in certain reserve grades must be put into the promotion pool and reviewed by a promotion board early enough so that, if they are recommended, their promotion can take effect by the date they hit the maximum time in their current grade. The maximum time allowed is 5 years for First Lieutenant or Lieutenant (junior grade), and 7 years for Captain or Navy Lieutenant, and for Major or Lieutenant Commander. This rule applies to reserve officers on the active-status list who hold those permanent grades and who have not yet been considered by a selection board. It applies even if there is no open slot and is subject to other legal rules. If an eligible officer is recommended the first time they are considered while in or above the promotion zone and is placed on an approved promotion list, they will be promoted on the day they reach the maximum years in grade unless moved up earlier, removed from the list by the President, or they decline. If the Navy uses a paired “running mate” promotion system for Navy and Marine Corps reserves, the Secretary of the Navy may waive these timing rules when needed.

Title 10, §14304

Armed Forces — Source: USLM XML via OLRC

(a)(1)Officers described in paragraph (3) shall be placed in the promotion zone for that officer’s grade and competitive category, and shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a) of this title, far enough in advance of completing the years of service in grade specified in the following table so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. Current GradeMaximum years of service in grade First lieutenant or Lieutenant (junior grade)5 years Captain or Navy Lieutenant7 years Major or Lieutenant commander7 years

(2)Paragraph (1) is subject to subsections (a), (b), and (c) of section 14301 of this title and applies without regard to vacancies.

(3)Paragraph (1) applies to an officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and who holds a permanent appointment in the grade of first lieutenant, captain, or major as a reserve of the Army, Air Force, or Marine Corps, or to an officer on the reserve active-status list of the Navy in the grade of lieutenant (junior grade), lieutenant, or lieutenant commander as a reserve of the Navy, and who, while holding that appointment, has not been considered by a selection board convened under section 14101(a) or 14502 of this title for promotion to the next higher grade.

(b)An officer holding a permanent grade specified in the table in subsection (a) who is recommended for promotion to the next higher grade by a selection board the first time the officer is considered for promotion while in or above the promotion zone and who is placed on an approved promotion list established under section 14308(a) of this title shall (if not promoted sooner or removed from that list by the President or by reason of declination) be promoted, without regard to the existence of a vacancy, on the date on which the officer completes the maximum years of service in grade specified in subsection (a). The preceding sentence is subject to the limitations of section 12011 of this title.

(c)If the Secretary of the Navy establishes promotion zones for officers on the reserve active-status list of the Navy or the Marine Corps Reserve in accordance with a running mate system under section 14306 of this title, the Secretary may waive the requirements of subsection (a) to the extent the Secretary considers necessary in any case in which the years of service for promotion, or for consideration for promotion, within those zones will exceed the maximum years of service in grade specified in subsection (a).

Notes & Related Subsidiaries

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. Minimum Service Qualifications for Promotion Pub. L. 103–337, div. A, title XVI, § 1685, Oct. 5, 1994, 108 Stat. 3024, provided that during the five-year period beginning on Oct. 1, 1996, the Secretary of the Army and the Secretary of the Air Force could waive the provisions of this section and during any period in which such a waiver is in effect, establish minimum periods of total years of commissioned service an officer must have served to be eligible for consideration for promotion to the grade of captain, major, or lieutenant colonel by boards convened under section 14101(a) of this title.

§14304 Eligibility for Consideration for Promotion: Maximum Years of Service in Grade

Summary

Title 10, §14304

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata