10 U.S.C. § 15106: Failure of selection for…

Summary

Apply the rules in sections 14501 through 14513 to promotions of officers in the competitive categories named for this chapter, with a few exceptions. Parts that talk about an officer who is already above the promotion zone do not apply to these officers. An officer in these competitive categories is not counted as having “failed promotion twice” until they have failed the maximum number of promotion chances for that grade allowed under section 15104. Any place the law says “failed promotion for the second time” should be read instead as having failed the maximum number of allowed promotion opportunities under section 15104.

Title 10, §15106

Armed Forces, Source: USLM XML via OLRC

(a)In General.—

Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.

(b)Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—

The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).

(c)Special Selection Board Matters.—

The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).

(d)Effect of Failure of Selection.—

In the administration of this chapter pursuant to subsection (a)—

(1)an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and

(2)any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 14502(b) of this title, referred to in subsec. (d)(1), probably should be section 14501(b) of this title, which relates to officers twice failed of selection. section 14502(b) of this title relates to officers considered but not selected due to material error.

§15106 Failure of Selection for Promotion

Summary

Title 10, §15106

Notes & Related Subsidiaries

Editorial Notes

References in Text

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