§14310 Removal of Officers From a List of Officers Recommended for Promotion

Summary

The President can take an officer’s name off a promotion list any time before the officer is actually promoted. If the Senate does not confirm an officer who was on a President‑approved promotion list for the next higher grade, the officer’s name must be removed, except when the promotion is to a reserve grade the President can fill without Senate approval. For promotions that do need Senate approval, an officer’s name is removed if they are not appointed during the “promotion eligibility period” unless the Senate has given consent by the end of that period. The President may extend that period one time by 12 months. The promotion eligibility period starts when the list is approved and ends on the first day of the 18th month after the month the list was approved. Under rules made by the military department’s Secretary, an officer on the reserve active‑status list who is discharged, dropped from the rolls, or moved to retired status after being recommended or found qualified for a higher grade but before promotion will be removed from the promotion list. An officer removed under the rules above can still be considered again. If the next selection board recommends and the officer is promoted, the military department’s Secretary may give the officer the same date of rank, the same pay start date, and the same place on the reserve list the officer would have had if the name had not been removed.