§14308 — Title 10 Armed Forces | U.S. Code

Summary

When the President approves a selection board report under section 14101(a) or 14502, the military department Secretary must put every officer chosen for promotion in a competitive category onto one promotion list for that category. The board decides the order by seniority on the reserve active-status list or by merit. The promotion list becomes effective on the date the President approves the report. Officers on that list are promoted under section 12203 and the Secretary’s rules. Promotions normally follow the list order and occur after officers already selected ahead of them are promoted, except as allowed by sections 14311, 14312, 14502(e), or subsections (d) or (e). Promotions to first lieutenant or lieutenant (junior grade) follow Secretary rules. An approved all-fully-qualified-officers list for those lower ranks, when approved by the President, is treated like a promotion list; the Secretary may recommend such a list only when all listed officers are needed in the higher grade and may add a supplemental list if someone was left off by administrative error. An officer’s date of rank for promotion is set under section 741(d)(2) and may be adjusted as allowed under section 741(d)(4) with “reserve active-status list” substituted where required. The Secretary may also adjust dates for officers put on reserve active-status promotion lists under section 624(e) or (f). Except where law allows, a reserve officer gets no extra pay if an adjusted effective date is set earlier than the actual promotion date. If a running-mate rule applies under section 14306, the promoted officer’s effective date matches the running mate’s. Army Reserve and Air Force Reserve officers on certain promotion lists may be promoted at any time to fill vacancies to which they are assigned; vacancy promotions below colonel follow similar rules. If a reserve officer receives Federal recognition in the next higher grade in the Army or Air National Guard under 32 U.S.C. 307 or 310, the promotion’s effective date is the date that recognition is extended. If that Federal recognition is delayed more than 100 days (not the officer’s fault), the Secretary may adjust the effective date, with special rules for state promotions before and on or after January 1, 2024. General officers chosen by a vacancy promotion board may only be promoted to fill a vacancy in the Reserve.

Title 10, §14308

Armed Forces — Source: USLM XML via OLRC

(a)When the report of a selection board convened under section 14101(a) or 14502 of this title is approved by the President, the Secretary of the military department concerned shall place the names of all officers selected for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of seniority of those officers on the reserve active-status list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.

(b)(1)Officers on a promotion list for a competitive category shall be promoted in the manner specified in section 12203 of this title.

(2)Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the military department concerned. Except as provided in section 14311, 14312, or 14502(e) of this title or in subsection (d) or (e), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted.

(3)Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary of the military department concerned.

(4)(A)Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. Such promotions shall be in the manner specified in section 12203 of this title.

(B)An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter and chapter 1403 of this title.

(C)The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.

(D)For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status list in a grade who the Secretary of the military department concerned determines—

(i)are fully qualified for promotion to the next higher grade; and

(ii)would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title upon the convening of such a board.

(E)If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.

(c)(1)The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d)(2) of this title.

(2)The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section 741(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting “reserve active-status list” for “active-duty list”.

(3)The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active-status promotion list pursuant to subsection (e) or (f) of section 624 of this title.

(4)Except as provided in paragraph (2) or as otherwise specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.

(d)An officer to whom a running mate system applies under section 14306 of this title and who is selected for promotion is eligible for promotion to the grade for which selected when the officer who is that officer’s running mate becomes eligible for promotion under chapter 36 of this title. The effective date of the promotion of that officer shall be the same as that of the officer’s running mate in the grade to which the running mate is promoted.

(e)Subject to this section and to section 14311(e) of this title, and under regulations prescribed by the Secretary of the military department concerned—

(1)an officer in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) of this title or a board convened under section 14502 or chapter 36 of this title may be promoted at any time to fill a vacancy in a position to which the officer is assigned; and

(2)an officer in a grade below colonel in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a vacancy promotion board convened under section 14101(a) of this title may be promoted at any time to fill the vacancy for which the officer was selected.

(f)(1)The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended.

(2)If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 100 days from the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau, and the delay was not attributable to the action or inaction of such officer—

(A)in the event of State promotion with an effective date before January 1, 2024, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion; and

(B)in the event of State promotion with an effective date on or after January 1, 2024, the effective date of the promotion concerned under paragraph (1) shall be adjusted by the Secretary concerned to the later of—

(i)the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau; and

(ii)the date on which the officer occupies a billet in the next higher grade.

(g)A reserve officer of the Army or the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Army Reserve or the Air Force Reserve, as the case may be, in that grade.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsecs. (a), (d), and (f) of this section were contained in section 3385, 5902(a) to (c), and 8374 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).

Amendments

2023—Subsec. (c)(3), (4). Pub. L. 118–31 added par. (3) and redesignated former par. (3) as (4). 2022—Subsec. (f)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the

Effective Date

of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the

Effective Date

of the State promotion.” 2019—Subsec. (a). Pub. L. 116–92 inserted “or based on particular merit, as determined by the promotion board” after “reserve active-status list”. 2018—Subsec. (f)(1). Pub. L. 115–232, § 518(a)(1), which directed amendment of subsec. (f) by inserting “(1)” before “The

Effective Date

of promotion”, was executed by making the insertion before “The

Effective Date

of a promotion” to reflect the probable intent of Congress. Subsec. (f)(2). Pub. L. 115–232, § 518(a)(2), added par. (2). 2015—Subsec. (b)(4)(E). Pub. L. 114–92 added subpar. (E). 2006—Subsec. (a). Pub. L. 109–364 inserted at end “A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.” 2001—Subsec. (b)(4). Pub. L. 107–107, § 505(b)(1), added par. (4). Subsec. (c)(2). Pub. L. 107–107, § 506(b)(1)(B), added par. (2). Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 107–107, § 506(b)(1)(A), (2), redesignated par. (2) as (3) and inserted “provided in paragraph (2) or as otherwise” after “Except as”. 1997—Subsec. (e)(2). Pub. L. 105–85, § 514(c)(1), inserted “a grade below colonel in” after “an officer in”. Subsec. (g). Pub. L. 105–85, § 514(c)(2), inserted “or the Air Force” after “A reserve officer of the Army”, substituted “in the Army Reserve or the Air Force Reserve, as the case may be, in that grade” for “in that grade in a unit of the Army Reserve that is organized to serve as a unit and that has attained the strength prescribed by the Secretary of the Army”, and struck out at end “A reserve officer of the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Air Force Reserve in that grade.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 Amendment Pub. L. 115–232, div. A, title V, § 518(b), Aug. 13, 2018, 132 Stat. 1754, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to promotions of officers whose State

Effective Date

is on or after that date.”

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to officers on promotion lists established on or after such date, see section 511(e) of Pub. L. 109–364, set out as a note under section 624 of this title.

Effective Date

of 2001

Amendments

ubsec. (c)(2) of this section applicable with respect to any report of a selection board recommending officers for promotion to the next higher grade that is submitted to the Secretary of the military department concerned on or after Dec. 28, 2001, and Secretary of the military department concerned may apply subsec. (c)(2) of this section in the case of an appointment of an officer to a higher grade resulting from a report of a selection board submitted to the Secretary before Dec. 28, 2001, if the Secretary determines that such appointment would have been made on an earlier date that is on or after Oct. 1, 2001, and was delayed under the circumstances specified in section 741(d)(4) of this title, see section 506(c) of Pub. L. 107–107, set out as a note under section 741 of this title.

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.

§14308 Promotions: How Made

Summary

Title 10, §14308

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Effective Date

Effective Date

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Amendments

Effective Date

Citations & Metadata