Title 10, Armed ForcesRelease 119-110

§14315 Position Vacancy Promotions: Army and Air Force Officers

Title 10 › Subtitle E — Reserve Components › PART III — PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › CHAPTER 1405 — PROMOTIONS › § 14315

Last updated Sep 22, 2026|Official source

Summary

Lets reserve officers in the Army Reserve or Air Force Reserve who are on the reserve active‑status list and who are first lieutenant, captain, major, or lieutenant colonel may be picked for a promotion to the next higher rank if three things are true: they are filling or have been recommended for a job in the same competitive group that is authorized at the higher rank; they meet the job qualifications the service Secretary sets; and they have served the minimum time in their current rank required by section 14303. Colonels and brigadier generals in the reserves can be considered for promotion to the next general‑officer grade when they are assigned or recommended for those duties and meet the Secretary’s standards. For Army colonels and brigadier generals, the minimum time‑in‑grade in section 14303 also applies. A vacancy promotion board convened under section 14101(a) makes the promotion decisions. Not being chosen by that board does not count as a failed selection. If an officer was ruled a failed selection under section 14501, they can only be considered or promoted under these rules if the service Secretary personally finds they are the only qualified person for the vacancy, and that finding cannot be delegated.

Full Legal Text

Title 10, §14315

Armed Forces, Source: USLM XML via OLRC

(a)Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—
A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies:
(1)The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized.
(2)The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
(3)The officer has held the officer’s present grade for the minimum period of service prescribed in section 14303 of this title for eligibility for consideration for promotion to the higher grade.
(b)Consideration for Vacancy Promotion to Brigadier General or Major General.—
(1)A reserve officer of the Army who is in the Army Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in section 14303 of this title for eligibility for consideration for promotion to the higher grade, and (C) meets the standards for consideration prescribed by the Secretary of the Army.
(2)A reserve officer of the Air Force who is in the Air Force Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade or is recommended for such an assignment under regulations prescribed by the Secretary of the Air Force, and (B) meets the standards for consideration prescribed by the Secretary of the Air Force.
(c)Vacancy Promotion Boards.—
Consideration for promotion under this section shall be by a vacancy promotion board convened under section 14101(a) of this title.
(d)Effect of Nonselection.—
An officer who is considered for promotion under this section and is not selected shall not be considered to have failed of selection for promotion.
(e)Special Rule for Officers Failed of Selection.—
A reserve officer of the Army or the Air Force who is considered as failed of selection for promotion under section 14501 of this title to a grade may be considered for promotion under this section or, if selected, promoted to that grade only if the Secretary of the military department concerned finds that the officer is the only qualified officer available to fill the vacancy. The Secretary concerned may not delegate the authority under the preceding sentence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3384 and 8373 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1).

Amendments

2003—Subsec. (a)(1). Pub. L. 108–136 substituted “under

Regulations

prescribed by the Secretary concerned, has been recommended” for “as determined by the Secretary concerned, is available”. 2000—Subsec. (b)(1)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 501(1)], inserted “or is recommended for such an assignment under

Regulations

prescribed by the Secretary of the Army” after “Army Reserve”. Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 501(2)], inserted “or is recommended for such an assignment under

Regulations

prescribed by the Secretary of the Air Force” after “reserve grade”. 1997—Subsec. (b)(1)(A). Pub. L. 105–85 substituted “duties of a general officer of the next higher reserve grade in the Army Reserve,” for “duties of a general officer of the next higher reserve grade in a unit of the Army Reserve organized to serve as a unit,”. 1996—Subsec. (a). Pub. L. 104–106 substituted “or a reserve officer” for “or a Reserve officer” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 14315

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110