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10 U.S.C. § 14303 — Eligibility for consideration for promotion: minimum years of service in grade
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-14303-eligibility-for-consideration-for-promotion-minimum-years-of-service-in--a4d7cc8461.md
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Source location: Title 10, Chapter 1405, § 14303; chapter-1405-promotions.md
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**(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 colonel or brigadier general or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or assistant adjutant general of a State or to an appointment in a higher grade which is based upon a specific provision of law.
**(c) Authority To Lengthen Minimum Period in Grade.—** The Secretary concerned may prescribe a period of service in grade for eligibility for promotion, in the case of officers to whom subsection (a) applies, or for eligibility for consideration for promotion, in the case of officers to whom subsection (b) applies, that is longer than the applicable period specified in that subsection.
**(d) Waivers To Ensure Two Below-the-Zone Considerations.—** Subject to [section 14307(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14307/b&num=0&edition=prelim), the Secretary of the military department concerned may waive subsection (b) to the extent necessary to ensure that officers described in paragraph (1) of that subsection have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone.
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14315
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Federal law — U.S. Code and appendices · legal_authorities
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in [section 14303 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim), shall be examined for Federal recognition in the grade to which the officer is promoted.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 309
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1221, act Sept. 3, 1954, ch. 1257, title III, § 301, 68 Stat. 1153, provided that sections 1221 to 1281 should apply only to Reserve officers of the Army.
Section 1222, acts Sept. 3, 1954, ch. 1257, title III, § 302, 68 Stat. 1153; June 30, 1955, ch. 247, § 6, 69 Stat. 221, defined terms used in sections 1221 to 1281 of this title. See [section 12007 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12007&num=0&edition=prelim), Armed Forces.
Section 1223, acts Sept. 3, 1954, ch. 1257, title III, § 303, 68 Stat. 1154; June 30, 1955, ch. 247, § 7, 69 Stat. 221, provided for promotion procedures. See sections 14101 et seq. and 14301 et seq. of Title 10.
Section 1224, act Sept. 3, 1954, ch. 1257, title III, § 304, 68 Stat. 1154, related to maximum grades for female officers.
Section 1225, act Sept. 3, 1954, ch. 1257, title III, § 305, 68 Stat. 1154, related to constructive service credit. See section 12201 et seq. of Title 10, Armed Forces.
Section 1226, act Sept. 3, 1954, ch. 1257, title III, § 306, 68 Stat. 1155, related to minimum service in grade. See [section 14303 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim).
Section 1227, act Sept. 3, 1954, ch. 1257, title III, § 307, 68 Stat. 1155, prescribed the authorized number of officers and for distribution in grade. See sections 12003 to 12005, 12007, and 12646 of Title 10.
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Federal law — U.S. Code and appendices · legal_authorities
Page 3729
TITLE 10—ARMED FORCES
§ 14303
cers of the Army and Marine Corps, or in the
grade of captain or rear admiral (lower half),
for reserve officers of the Navy, those who
have neither (i) been recommended for pro-
motion to the next higher grade when consid-
ered in the promotion zone, nor (ii) been re-
moved from a list of officers recommended for
promotion to that grade.
(2) Those officers who are senior to the offi-
cer designated by the Secretary of the mili-
tary department concerned to be the junior of-
ficer in the promotion zone eligible for consid-
eration for promotion to the next higher grade
and the officer so designated.
(3) Those officers who—
(A) have been selected from below the zone
for promotion to the next higher grade or by
a vacancy promotion board, but whose
names were removed from the list of officers
recommended for promotion to that next
higher grade resulting from that selection;
(B) have not failed of selection for pro-
motion to that next higher grade; and
(C) are senior to the officer designated by
the Secretary of the military department
concerned to be the junior officer in the pro-
motion zone eligible for consideration for
promotion to that next higher grade and the
officer so designated.
(b) OFFICERS ABOVE THE ZONE.—Officers on the
reserve active-status list are considered to be
above the promotion zone for a grade and com-
petitive category if they—
(1) are eligible for consideration for pro-
motion to the next higher grade;
(2) are in the same grade as those officers in
the promotion zone for that competitive cat-
egory; and
(3) are senior to the senior officer in the pro-
motion zone for that competitive category.
(c) OFFICERS BELOW THE ZONE.—Officers on the
reserve active-status list are considered to be
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14303
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