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10 U.S.C. § 15106 — Failure of selection for promotion

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 15106 — Failure of selection for promotion

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a/1&num=0&edition=prelim) 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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section15104&num=0&edition=prelim); 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 ha

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Stable record: federal_law:legal_authorities:record_usc_1f3a8c087b36c644174b1453
Source file: Laws/federal/codes/united-states-code/title-10/section-15106-failure-of-selection-for-promotion--54707daf4b.md
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Source location: Title 10, Chapter 1413, § 15106; chapter-1413-alternative-promotion-authority-for-officers-in-designated-competitive-categories.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a/1&num=0&edition=prelim) 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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section15104&num=0&edition=prelim); 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 15104 — Opportunities for consideration for promotion

**(a) Specification of Number of Opportunities for Consideration for Promotion.—** In designating a competitive category of officers pursuant to [section 15101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section15101&num=0&edition=prelim), 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) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—** 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) Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—** 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) Limitation on Number of Opportunities Specified.—** 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) Effect of Certain Reduc

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 15104

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 14501 — Failure of selection for promotion

**(a) Officers Below the Grade of Colonel or Navy Captain.—** An officer on the reserve active-status list in a grade below the grade of colonel or, in the case of an officer in the Navy Reserve, captain who is in or above the promotion zone established for that officer’s grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a promotion for which selected (other than by a vacancy promotion board), shall be considered to have failed of selection for promotion. **(b) Officers Twice Failed of Selection.—** An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies: (1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a&num=0&edition=prelim). (2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing of selection or after the officer’s name was removed from the report of a selection board under section 14111(b) or from a promotion list under [section 14310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14310&num=0&edition=prelim) after recommendation for promotion by an earlier selection board described in subsection (a). (3) The officer’s name has been removed from the report of a selection board under section 14111(b) or from a p

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14501

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 15106 — Failure of selection for promotion

Page 3761 TITLE 10—ARMED FORCES § 15109 1 See References in Text note below. concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. (b) LIMITED AUTHORITY OF SECRETARY OF MILI- TARY DEPARTMENT TO MODIFY NUMBER OF OPPOR- TUNITIES.—The Secretary of a military depart- ment 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 fre- quently than once every five years. (c) DISCRETIONARY AUTHORITY OF SECRETARY OF DEFENSE TO MODIFY NUMBER OF OPPORTUNI- TIES.—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 pro- motion to a particular grade, as previously spec- ified or modified pursuant to any provision of this section, at the discretion of the Secretary. (d) LIMITATION ON NUMBER OF OPPORTUNITIES SPECIFIED.—The number of opportunities for consideration for promotion to be afforded offi- cers of an armed force within a competitive cat- egory for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportuni- ties. (e) EFFECT OF CERTAIN REDUCTION IN NUMBER OF OPPORTUNITIES SPECIFIED.—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 op- portunities for consideration for promotion that were available to the officer before the reduc- tion, the officer shall be afforde

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