10 U.S.C. § 14304 | Eligibility for consideration for promotion: maximum years of service in grade

(a)

Consideration for Promotion Within Specified Times .—

(1)

section 14101(a) of this title

Current Grade	Maximum years of service in grade
First lieutenant or Lieutenant (junior grade)	5 years
Captain or Navy Lieutenant	7 years
Major or Lieutenant commander	7 years

First lieutenant or Lieutenant (junior grade)

5 years

Captain or Navy Lieutenant

7 years

Major or Lieutenant commander

7 years

Officers described in paragraph (3) shall be placed in the promotion zone for that officer’s grade and competitive category, and shall be considered for promotion to the next higher grade by a promotion board convened under , far enough in advance of completing the years of service in grade specified in the following table so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.

(2)

section 14301 of this title Paragraph (1) is subject to subsections (a), (b), and (c) of and applies without regard to vacancies.

(3)

Paragraph (1) applies to an officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and who holds a permanent appointment in the grade of first lieutenant, captain, or major as a reserve of the Army, Air Force, or Marine Corps, or to an officer on the reserve active-status list of the Navy in the grade of lieutenant (junior grade), lieutenant, or lieutenant commander as a reserve of the Navy, and who, while holding that appointment, has not been considered by a selection board convened under section 14101(a) or 14502 of this title for promotion to the next higher grade.

(b)

Promotion Date .—

section 14308(a) of this title section 12011 of this titleAn officer holding a permanent grade specified in the table in subsection (a) who is recommended for promotion to the next higher grade by a selection board the first time the officer is considered for promotion while in or above the promotion zone and who is placed on an approved promotion list established under shall (if not promoted sooner or removed from that list by the President or by reason of declination) be promoted, without regard to the existence of a vacancy, on the date on which the officer completes the maximum years of service in grade specified in subsection (a). The preceding sentence is subject to the limitations of .

(c)

Waiver Authority for Navy and Marine Corps Running Mate System .—

section 14306 of this titleIf the Secretary of the Navy establishes promotion zones for officers on the reserve active-status list of the Navy or the Marine Corps Reserve in accordance with a running mate system under , the Secretary may waive the requirements of subsection (a) to the extent the Secretary considers necessary in any case in which the years of service for promotion, or for consideration for promotion, within those zones will exceed the maximum years of service in grade specified in subsection (a).

Pub. L. 103–337, div. A, title XVI, § 1611Oct. 5, 1994108 Stat. 2934(Added , , .)

Statutory Notes and Related Subsidiaries

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 .

Minimum Service Qualifications for Promotion

Pub. L. 103–337, div. A, title XVI, § 1685Oct. 5, 1994108 Stat. 3024Oct. 1, 1996section 14101(a) of this title, , , provided that during the five-year period beginning on , the Secretary of the Army and the Secretary of the Air Force could waive the provisions of this section and during any period in which such a waiver is in effect, establish minimum periods of total years of commissioned service an officer must have served to be eligible for consideration for promotion to the grade of captain, major, or lieutenant colonel by boards convened under .