Title 10, Armed ForcesRelease 119-110

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

Title 10 › Subtitle E — Reserve Components › PART III — PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › CHAPTER 1405 — PROMOTIONS › § 14304

Last updated Sep 23, 2026|Official source

Summary

Officers in certain reserve ranks must be put into the promotion zone and reviewed by a promotion board early enough so that, if recommended, they can be promoted on or before the maximum time they may serve in that rank. It applies to reserve active-status officers who hold permanent grades of first lieutenant, captain, or major, and to Navy reserve officers in the equivalent Navy grades (lieutenant junior grade, lieutenant, or lieutenant commander), who have not already been considered by a selection board. The maximum years in grade are 5 years for first lieutenant/lieutenant (junior grade), and 7 years for captain/lieutenant and major/lieutenant commander. If an officer is recommended for promotion the first time they are considered while in or above the promotion zone and put on an approved promotion list, they must be promoted on the day they reach the maximum years in grade, even if there is no opening, unless promoted earlier or removed from the list by the President or because they declined. These rules follow other promotion limits. The Secretary of the Navy may waive the time limits for Navy or Marine Corps reserve officers under a running-mate promotion system when needed.

Full Legal Text

Title 10, §14304

Armed Forces, Source: USLM XML via OLRC

(a)Consideration for Promotion Within Specified Times.—
(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 Grade | Maximum years of service in grade
First lieutenant or Lieutenant (junior grade) | 5 years
Captain or Navy Lieutenant | 7 years
Major or Lieutenant commander | 7 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)Promotion Date.—
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)Waiver Authority for Navy and Marine Corps Running Mate System.—
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).

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14304

Title 10, Armed Forces

Last Updated

Sep 23, 2026

Release point: 119-110