10 U.S.C. § 14301 | Eligibility for consideration for promotion: general rules

(a)

One-Year Rule .—

section 14101(a) of this titleAn officer is eligible under this chapter for consideration for promotion by a promotion board convened under only if—

(1)

the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and

(2)

during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).

(b)

Requirement for Consideration of All Officers In and Above the Zone .—

section 14101(a) of this titleWhenever a promotion board (other than a vacancy promotion board) is convened under for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion.

(c)

Certain Officers Not To Be Considered .—

section 14101(a) of this titleA promotion board convened under may not consider for promotion to the next higher grade any of the following officers:

(1)

section 14502 of this title An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or or under chapter 36 of this title.

(2)

An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under a provision referred to in paragraph (1), in the case of such a report that has not yet been approved by the President.

(3)

section 307 of title 32 An officer who has been approved for Federal recognition by a board convened under and nominated by the President for promotion to that grade as a reserve of the Army or of the Air Force as the case may be, if that nomination is pending before the Senate.

(4)

An officer who has been nominated by the President for promotion to that grade under any other provision of law, if that nomination is pending before the Senate.

(5)

section 14308(b)(4) of this title An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under .

(6)

An officer excluded under subsection (j).

(d)

Officers Below the Zone .—

The Secretary of the military department concerned may, by regulation, prescribe procedures to limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion. The regulations shall include criteria for determining which officers below the promotion zone are exceptionally well qualified for promotion.

(e)

Certain Reserve Officers of the Air Force .—

section 14101(a) of this titleA reserve officer of the Air Force who (1) is in the Air National Guard of the United States and holds the grade of lieutenant colonel, colonel, or brigadier general, or (2) is in the Air Force Reserve and holds the grade of colonel or brigadier general, is not eligible for consideration for promotion by a mandatory promotion board convened under .

(f)

Nonconsideration of Officers Scheduled for Removal From Reserve Active-status List .—

The Secretary of the military department concerned may, by regulation, preclude from consideration by a selection board by which an officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date the board is convened or an approved retirement date.

(g)

Brigadier Generals .—

(1)

section 14101(a) of this title An officer who is a reserve component brigadier general of the Army or the Air Force who is not eligible for consideration for promotion under subsection (a) because the officer is not on the reserve active status list (as required by paragraph (1) of that subsection for such eligibility) is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under if—

(A)

as of the date of the convening of the promotion board, the officer has been in an inactive status for less than one year; and

(B)

immediately before the date of the officer’s most recent transfer to an inactive status, the officer had continuously served on the reserve active status list or the active-duty list (or a combination of the reserve active status list and the active-duty list) for at least one year.

(2)

section 14101(a) of this title An officer who is a reserve component brigadier general of the Army or the Air Force who is on the reserve active status list but who is not eligible for consideration for promotion under subsection (a) because the officer’s service does not meet the one-year-of-continuous-service requirement under paragraph (2) of that subsection is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under if—

(A)

the officer was transferred from an inactive status to the reserve active status list during the one-year period preceding the date of the convening of the promotion board;

(B)

immediately before the date of the officer’s most recent transfer to an active status, the officer had been in an inactive status for less than one year; and

(C)

immediately before the date of the officer’s most recent transfer to an inactive status, the officer had continuously served for at least one year on the reserve active status list or the active-duty list (or a combination of the reserve active status list and the active-duty list).

(h)

Officers on Educational Delay .—

An officer on the reserve active-status list is ineligible for consideration for promotion, but shall remain on the reserve active-status list, while the officer—

(1)

is pursuing a program of graduate level education in an educational delay status approved by the Secretary concerned; and

(2)

is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.

(i)

Reserve Officers Employed as Military Technician (dual Status) .—

section 10216 of this title section 14702(a)(2) of this title section 14101(a) of this titleA reserve officer of the Army or Air Force employed as a military technician (dual status) under who has been retained beyond the mandatory removal date for years of service pursuant to subsection (f) of such section or is not eligible for consideration for promotion by a mandatory promotion board convened under .

(j)

Authority To Allow Officers To Opt Out of Selection Board Consideration .—

(1)

section 14101(a) of this title The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under to consider officers for promotion to the next higher grade.

(2)

The Secretary concerned may only approve a request under paragraph (1) if—

(A)

the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, training, or a career progression requirement delayed by the assignment, education, or training;

(B)

the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and

(C)

the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.

(k)

Certain Officers Not to Be Considered for Selection for Promotion .—

section 12732(a)(2) of this titleThe Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.

Pub. L. 103–337, div. A, title XVI, § 1611Oct. 5, 1994108 Stat. 2931 Pub. L. 105–85, div. A, title VNov. 18, 1997111 Stat. 1724 Pub. L. 105–261, div. A, title V, § 514Oct. 17, 1998112 Stat. 2008 Pub. L. 106–65, div. A, title V, § 513(a)Oct. 5, 1999113 Stat. 593 Pub. L. 107–107, div. A, title V, § 505(c)(1)(B)Dec. 28, 2001115 Stat. 1087 Pub. L. 107–314, div. A, title V, § 521Dec. 2, 2002116 Stat. 2540 Pub. L. 112–81, div. A, title V, § 517Dec. 31, 2011125 Stat. 1397 Pub. L. 115–232, div. A, title VAug. 13, 2018132 Stat. 1743 Pub. L. 118–159, div. A, title VDec. 23, 2024138 Stat. 1868(Added , , ; amended , §§ 503(b), (c), 514(b), , , 1725, 1732; , , ; , title X, § 1066(a)(32), , , 772; , , ; , , ; , , ; , §§ 505(b), 513, , , 1752; , §§ 503(c), 505(a)(2), , , 1869.)

Editorial Notes

Amendments

Pub. L. 118–159, § 503(c)2024—Subsec. (f). , amended subsec. (f) generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may, by regulation, provide for the exclusion from consideration for promotion by a promotion board of any officer otherwise eligible to be considered by the board who has an established date for removal from the reserve active-status list that is not more than 90 days after the date on which the selection board for which the officer would otherwise be eligible is to be convened.”

Pub. L. 118–159, § 505(a)(2)Subsec. (j)(2)(A). , inserted “training,” after “Department,” and substituted “assignment, education, or training” for “assignment or education”.

Pub. L. 115–232, § 505(b)(1)(A)2018—Subsec. (c). , substituted “Certain Officers Not” for “Previously Selected Officers Not Eligible” in heading.

Pub. L. 115–232, § 505(b)(1)(B)Subsec. (c)(6). , added par. (6).

Pub. L. 115–232, § 505(b)(2)Subsec. (j). , added subsec. (j).

Pub. L. 115–232, § 513Subsec. (k). , added subsec. (k).

Pub. L. 112–812011—Subsec. (i). added subsec. (i).

Pub. L. 107–314 section 14101(a) of this title2002—Subsec. (g). amended subsec. (g) generally. Prior to amendment, text read as follows: “A reserve component brigadier general of the Army or the Air Force who is in an inactive status is eligible (notwithstanding subsection (a)) for consideration for promotion to major general by a promotion board convened under if the officer—

“(1) has been in an inactive status for less than one year as of the date of the convening of the promotion board; and

“(2) had continuously served for at least one year on the reserve active status list or the active duty list (or a combination of both) immediately before the officer’s most recent transfer to an inactive status.”

Pub. L. 107–1072001—Subsec. (c)(5). added par. (5).

Pub. L. 106–65, § 1066(a)(32)1999—Subsec. (g)(1), (2). , substituted “one year” for “1 year”.

Pub. L. 106–65, § 513(a)Subsec. (h). , added subsec. (h).

Pub. L. 105–2611998—Subsec. (g). added subsec. (g).

Pub. L. 105–85, § 503(b)(1)1997—Subsec. (c). , substituted “grade any of the following officers:” for “grade—” in introductory provisions.

Pub. L. 105–85, § 503(b)(2)Subsec. (c)(1). , (3), substituted “An officer” for “an officer” and “title.” for “title;”.

Pub. L. 105–85, § 503(b)(6)Subsec. (c)(2). , added par. (2). Former par. (2) redesignated (3).

Pub. L. 105–85, § 503(b)(2), (4), substituted “An officer” for “an officer” and “be.” for “be; or”.

Pub. L. 105–85, § 503(c)Subsec. (c)(3). , inserted “, if that nomination is pending before the Senate” before period at end.

Pub. L. 105–85, § 503(b)(5), redesignated par. (2) as (3) and substituted “that grade” for “the next higher grade”. Former par. (3) redesignated (4).

Pub. L. 105–85, § 503(b)(2), substituted “An officer” for “an officer”.

Pub. L. 105–85, § 503(c)Subsec. (c)(4). , inserted “, if that nomination is pending before the Senate” before period at end.

Pub. L. 105–85, § 503(b)(5), redesignated par. (3) as (4) and substituted “that grade” for “the next higher grade”.

Pub. L. 105–85, § 514(b)Subsecs. (e) to (g). , redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows:

Reserve Officers of the Army; Consideration for Brigadier General and Major Generalsection 14101(a) of this title“(e) .—In the case of officers of the Army, if the Secretary of the Army determines that vacancies are authorized or anticipated in the reserve grades of major general or brigadier general for officers who are on the reserve active-status list and who are not assigned to units organized to serve as a unit and the Secretary convenes a mandatory promotion board under to consider officers for promotion to fill such vacancies, the Secretary may limit the officers to be considered by that board to those determined to be exceptionally well qualified for promotion under such criteria and procedures as the Secretary may by regulation prescribe.”

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title V, § 513(b)Oct. 5, 1999113 Stat. 593

“(1)

section 14301 of title 10Oct. 5, 1999 Subsection (h) of , United States Code (as added by subsection (a)), shall apply with respect to boards convened under section 14101(a) of such title before, on, or after the date of the enactment of this Act [].

“(2)

section 14301(h) of title 10 The Secretary of the military department concerned, upon receipt of request submitted in a form and manner prescribed by the Secretary, shall expunge from the military records of an officer any indication of a failure of selection of the officer for promotion by a board referred to in paragraph (1) while the officer was ineligible for consideration by that board by reason of , United States Code.”

, , , provided that:

Effective Date of 1997 Amendment

Pub. L. 105–85Nov. 18, 1997Nov. 18, 1997section 503(d) of Pub. L. 105–85 section 619 of this titleAmendment by section 503(b), (c) of effective , and applicable with respect to selection boards that are convened under section 611(a), 14101(a), or 14502 of this title on or after , see , set out as a note under .

Effective Date

Oct. 1, 1996section 1691(b)(1) of Pub. L. 103–337 section 10001 of this titleSection effective , see , set out as a note under .