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10 U.S.C. § 14504 — Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy

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

10 U.S.C. § 14504 — Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy

**(a) General Rule.—** A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) not later than the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public. **(b) Exceptions.—** Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public, or (2) as provided in section 12646 or 12686 of this title. **(c) Officers in Grade of First Lieutenant or Lieutenant (Junior Grade) Found Not Fully Qualified for Promotion.—** For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration fo

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Source file: Laws/federal/codes/united-states-code/title-10/section-14504-effect-of-failure-of-selection-for-promotion-reserve-first-lieutenants-o--7d99da8033.md
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Source location: Title 10, Chapter 1407, § 14504; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md

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

10 U.S.C. § 14513 — Failure of selection for promotion: transfer, retirement, or discharge

Each reserve officer of the Army, Navy, Air Force, or Marine Corps who is in an active status and whose removal from an active status or from a reserve active-status list is required by section 14504, 14505, or 14506 of this title shall (unless the officer’s separation is deferred or the officer is continued in an active status under another provision of law) not later than the date specified in those sections— (1) be transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be required to meet the mobilization needs of the officer’s armed force; (2) be transferred to the Retired Reserve if the officer is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or (3) if the officer is not transferred to an inactive status or to the Retired Reserve, be discharged from the officer’s reserve appointment.

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

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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

10 U.S.C. § 14701 — Selection of officers for continuation on the reserve active-status list

**(a) Consideration for Continuation.—** (1) (A) A reserve officer of the Army, Navy, Air Force, or Marine Corps described in subparagraph (B) who is required to be removed from the reserve active-status list under [section 14504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14504&num=0&edition=prelim), or a reserve officer of the Army, Navy, Air Force, or Marine Corps who is required to be removed from the reserve active-status list under section 14505, 14506, or 14507 of this title, may be considered for continuation on the reserve active-status list under regulations prescribed by the Secretary of Defense. (B) A reserve officer covered by this subparagraph is a reserve officer of the Army, Air Force, or Marine Corps who holds the grade of first lieutenant, or a reserve officer of the Navy who holds the grade of lieutenant (junior grade), and who— (i) is a health professions officer; or (ii) is actively pursuing an undergraduate program of education leading to a baccalaureate degree. (C) The consideration of a reserve officer for continuation on the reserve active-status list pursuant to this paragraph is subject to the needs of the service and to [section 14509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14509&num=0&edition=prelim). (2) A reserve officer who holds the grade of captain in the Army, Air Force, or Marine Corps or the grade of lieutenant in the Navy and who is subject to separation under [section 14513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14513&num=0&edition=prelim) may not be continued on the reserve active-status list under this subsection for a period which extends beyond the last day of

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

10 U.S.C. § 14504 — Effect of failure of selection for pro-

Page 3747 TITLE 10—ARMED FORCES § 14506 1 So in original. title, until on or after the day on which that officer completes three years of continuous service as a re- serve commissioned officer.’’ § 14504. Effect of failure of selection for pro- motion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy (a) GENERAL RULE.—A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers rec- ommended for promotion to the next higher grade shall be separated in accordance with sec- tion 14513 of this title not later than the first day of the seventh month after the month in which the Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public. (b) EXCEPTIONS.—Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the the 1 Secretary concerned releases the pro- motion results of the board which considered the officer for the second time to the public, or (2) as provided in section 12646 or 12686 of this title. (c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.—For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenan

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