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10 U.S.C. § 14315 — Position vacancy promotions: Army and Air Force officers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies:
(1) The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized.
(2) The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
(3) The officer has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade.
**(b) Consideration for Vacancy Promotion to Brigadier General or Major General.—**
(1) A reserve officer of the Army who is in the Army Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of
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Source file: Laws/federal/codes/united-states-code/title-10/section-14315-position-vacancy-promotions-army-and-air-force-officers--f3c2d57394.md
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Source location: Title 10, Chapter 1405, § 14315; chapter-1405-promotions.md
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**(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies:
(1) The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized.
(2) The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
(3) The officer has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade.
**(b) Consideration for Vacancy Promotion to Brigadier General or Major General.—**
(1) A reserve officer of the Army who is in the Army Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade, and (C) meets the standards for consideration prescribed by the Secretary of the Army.
(2) A reserve officer of the Air Force who is in the Air Force Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade or is recommended for such an assignment under regulations prescribed by the Secretary of the Air Force, and (B) meets the standards for consideration prescribed by the Secretary of the Air Force.
**(c) Vacancy Promotion Boards.—** Consideration for promotion under this section shall be by a vacancy promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim).
**(d) Effect of Nonselection.—** An officer who is considered for promotion under this section and is not selected shall not be considered to have failed of selection for promotion.
**(e) Special Rule for Officers Failed of Selection.—** A reserve officer of the Army or the Air Force who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to a grade may be considered for promotion under this section or, if selected, promoted to that grade only if the Secretary of the military department concerned finds that the officer is the only qualified officer available to fill the vacancy. The Secretary concerned may not delegate the authority under the preceding sentence.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers in Pay Grades O–1 and O–2.—** An officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant as a reserve officer of the Army, Air Force, or Marine Corps, or in the grade of ensign or lieutenant (junior grade) as a reserve officer of the Navy, may not be promoted to the next higher grade, or granted Federal recognition in that grade, until the officer has completed the following years of service in grade:
(1) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign.
(2) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade).
**(b) Officers in Pay Grades O–3 and Above.—** Subject to subsection (d), an officer who is on the reserve active-status list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant, or who is on the reserve active-status list of the Navy in a grade above lieutenant (junior grade), may not be considered for selection for promotion to the next higher grade, or examined for Federal recognition in the next higher grade, until the officer has completed the following years of service in grade:
(1) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander.
(2) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14303
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Promotion Boards.—**
(1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for promotion to the next higher grade, under chapter 1405 of this title, officers on the reserve active-status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieutenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a “promotion board”.
(2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a position vacancy under [section 14315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim), or (B) to the grade of brigadier general or major general, shall be known as a “vacancy promotion board”. Any other promotion board convened under this subsection shall be known as a “mandatory promotion board”.
(3) Paragraph (1) does not require the convening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under [section 14308(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/b/4&num=0&edition=prelim) all such officers whom the Secretary finds to be fully qualified for promotion.
**(b) Selective Early Separation Boards.—** Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to recommend officers of that armed force—
(1) f
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect of Transfer to Inactive Status or Retired Status.—** If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter 36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—
(1) shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and
(2) may not be placed on a promotion list or promoted to the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection board convened under chapter 36 of this title or section 14101(a) or 14502 of this title or examined for Federal recognition under title 32.
**(b) Effect of Placement on Active-Duty List.—** A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title.
**(c) Officers on a Promotion List Removed From Active-Duty List.—** An officer who is on the active-duty list and is on a promotion list as the result of selection for
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14317
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This chapter does not apply to the Coast Guard or the National Aeronautics and Space Administration.
**(b) Definitions.—** In this chapter:
(1) The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead procurement contracts.
(2) The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3377
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to [section 12645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), an officer in an active status in the Navy Reserve in the permanent grade of lieutenant or lieutenant (junior grade), and an officer in an active status in the Marine Corps Reserve in the permanent grade of captain or first lieutenant, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list may, in the discretion of the Secretary of the Navy, be eliminated from an active status or released from active duty and placed on the reserve active-status list.
**(b)** An officer who is to be eliminated from an active status under subsection (a) shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve and, if he requests it, shall be so transferred. If he is not so transferred, he shall, in the discretion of the Secretary, be transferred to the appropriate inactive status list or be discharged from the Navy Reserve or the Marine Corps Reserve.
**(c)**
(1) An officer in an active status in the Navy Reserve in the permanent grade of lieutenant commander or commander, and an officer in an active status in the Marine Corps Reserve in the permanent grade of major or lieutenant colonel, who is considered as having twice failed of selection for promotion to the next higher grade while on the active-duty list shall, if qualified, be given an opportunity to request transfer to the appropriate Retired Reserve. If he is not so transferred, he shall be discharged from the Navy Reserve or the Marine Corps Reserve if he has completed a period of total commissioned service equal to that specified below for the permanent grade in whi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8373
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1241, act Sept. 3, 1954, ch. 1257, title III, § 316, 68 Stat. 1159, provided for promotion to first lieutenant. See section 14301 et seq. of Title 10, Armed Forces.
Section 1242, act Sept. 3, 1954, ch. 1257, title III, § 317, 68 Stat. 1159, provided for promotion to captain, major, lieutenant colonel, and colonel to fill unit vacancies. See section 14301 et seq. of Title 10.
Section 1243, act Sept. 3, 1954, ch. 1257, title III, § 318, 68 Stat. 1159, provided for promotion to brigadier general and major general to fill vacancies. See [section 14315 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1241 to 1243
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Federal law — U.S. Code and appendices · legal_authorities
Page 3739
TITLE 10—ARMED FORCES
§ 14315
AMENDMENTS
2024—Subsec. (a). Pub. L. 118–159, § 512(1), designated
introductory provisions as par. (1) and substituted ‘‘Ex-
cept as provided in paragraph (2), within’’ for ‘‘Within’’,
redesignated former pars. (1) to (4) as subpars. (A) to
(D), respectively, of par. (1), and added par. (2).
Subsec. (c). Pub. L. 118–159, § 512(2), substituted ‘‘sub-
section (a)(1)(C)’’ for ‘‘subsection (a)(3)’’.
1996—Subsec. (b)(2)(B). Pub. L. 104–201 struck out ‘‘of
the Air Force’’ after ‘‘reserve officer’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1996, see section 1691(b)(1) of
Pub. L. 103–337, set out as a note under section 10001 of
this title.
§ 14315. Position vacancy promotions: Army and
Air Force officers
(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR
VACANCY
PROMOTIONS
BELOW
BRIGADIER
GEN-
ERAL.—A reserve officer of the Army who is in
the Army Reserve, or a reserve officer of the Air
Force who is in the Air Force Reserve, who is on
the reserve active-status list in the grade of
first lieutenant, captain, major, or lieutenant
colonel is eligible for consideration for pro-
motion to the next higher grade under this sec-
tion if each of the following applies:
(1) The officer is occupying or, under regula-
tions prescribed by the Secretary concerned,
has been recommended to occupy a position in
the same competitive category as the officer
and for which a grade higher than the one held
by that officer is authorized.
(2) The officer is fully qualified to meet all
requirements for the position as established
by the Secretary of the military department
concerned.
(3) The officer has held the officer’s present
grade for the minimum period of service pre-
scribed in section 14303
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14315
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.