Title 10 — Armed ForcesRelease 119-73not60

§15104 Opportunities for Consideration for Promotion

Title 10 › Subtitle Subtitle E— Reserve Components › Part III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter 1413— ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES › § 15104

Last updated Apr 3, 2026|Official source

Summary

The Secretary of a military department must set how many times officers in each competitive category can be considered for promotion to every rank above first lieutenant (or lieutenant (junior grade), as applicable). That number cannot be more than five. The department Secretary can change the number, but only once every five years. The Secretary of Defense can change it at any time. If a cut removes any of an officer’s previous chances, the officer must be given one extra chance afterward.

Full Legal Text

Title 10, §15104

Armed Forces — Source: USLM XML via OLRC

(a)In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.

(b)The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years.

(c)The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.

(d)The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.

(e)If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.

Reference

Citations & Metadata

Citation

10 U.S.C. § 15104

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60