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10 U.S.C. § 14304 — Eligibility for consideration for promotion: maximum years of service in grade
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consideration for Promotion Within Specified Times.—**
(1) 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 [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), 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. Current GradeMaximum years of service in grade First lieutenant or Lieutenant (junior grade)5 years Captain or Navy Lieutenant7 years Major or Lieutenant commander7 years
(2) Paragraph (1) is subject to subsections (a), (b), and (c) of [section 14301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14301&num=0&edition=prelim) 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.—** An officer holding a permanent grade specified
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Source file: Laws/federal/codes/united-states-code/title-10/section-14304-eligibility-for-consideration-for-promotion-maximum-years-of-service-in--aba0728a0b.md
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Source location: Title 10, Chapter 1405, § 14304; chapter-1405-promotions.md
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**(a) Consideration for Promotion Within Specified Times.—**
(1) 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 [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), 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. Current GradeMaximum years of service in grade First lieutenant or Lieutenant (junior grade)5 years Captain or Navy Lieutenant7 years Major or Lieutenant commander7 years
(2) Paragraph (1) is subject to subsections (a), (b), and (c) of [section 14301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14301&num=0&edition=prelim) 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.—** An 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 [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim) 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 [section 12011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12011&num=0&edition=prelim).
**(c) Waiver Authority for Navy and Marine Corps Running Mate System.—** If 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 [section 14306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14306&num=0&edition=prelim), 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitations.—**
(1) Of the total number of members of a reserve component who are serving on full-time reserve component duty at the end of any fiscal year, the number of those members who may be serving in each of the grades of major, lieutenant colonel, and colonel may not, as of the end of that fiscal year, exceed the number determined in accordance with the following table: Total number of members of a reserve component serving on full-time reserve component duty:Number of officers of that reserve component who may be serving in the grade of: MajorLieutenant ColonelColonel Army Reserve: 10,0001,390740230 11,0001,529803242 12,0001,668864252 13,0001,804924262 14,0001,940984272 15,0002,0751,044282 16,0002,2101,104291 17,0002,3451,164300 18,0002,4791,223309 19,0002,6131,282318 20,0002,7471,341327 21,0002,8771,400336 Army National Guard: 20,0001,500850325 22,0001,650930350 24,0001,7901,010378 26,0001,9301,085395 28,0002,0701,168420 30,0002,2001,245445 32,0002,3301,315460 34,0002,4501,385470 36,0002,5701,455480 38,0002,6701,527490 40,0002,7701,590500 42,0002,8371,655505 Marine Corps Reserve: 1,000996320 1,2001036721 1,3001077022 1,4001117323 1,5001147624 1,6001177925 1,7001208226 1,8001238527 1,9001268828 2,0001299129 2,1001329430 2,2001349731 2,30013610032 2,40014310534 2,50014910935 2,60015511336 2,70016111837 2,80016712239 2,90017312641 3,00017913042 Air Force Reserve 1,000166170100 1,500245251143 2,000322330182 2,500396406216 3,000467479246 3,500536550271 4,000602618292 4,500665683308 5,000726746320 5,500784806325 6,000840864327 7,000962990347 8,0001,0871,110356 10,0001,3221,362395 Air National Guard: 10,000763745333 12,000915923377 14,0001,0651,057402 16,0001,2111,185426 18,0001,3471,313450 20,0001,4631,440468 22,0001,6061,569494 24,0001,7391,697517 26,0001,87
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary of the Navy.—** The Secretary of the Navy may by regulation implement [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14305&num=0&edition=prelim) by requiring that the promotion zone for consideration of officers on the reserve active-status list of the Navy or the Marine Corps for promotion to the next higher grade be determined in accordance with a running mate system as provided in subsection (b).
**(b) Assignment of Running Mates.—** An officer to whom a running mate system applies shall be assigned as a running mate an officer of the same grade on the active-duty list of the same armed force. The officer on the reserve active-status list is in the promotion zone and is eligible for consideration for promotion to the next higher grade by a selection 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) when that officer’s running mate is in or above the promotion zone established for that officer’s grade under chapter 36 of this title.
**(c) Consideration of Officers Below the Zone Under a Running Mate System.—** If the Secretary of the Navy authorizes the selection of officers for promotion from below the promotion zone in accordance with [section 14307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14307&num=0&edition=prelim), the number of officers to be considered from below the zone may be established through the application of the running mate system or otherwise as the Secretary determines to be appropriate to meet the needs of the Navy or Marine Corps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14306
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Federal law — U.S. Code and appendices · legal_authorities
**(a) One-Year Rule.—** An officer is eligible under this chapter for consideration for promotion by a 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) only if—
(1) the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and
(2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).
**(b) Requirement for Consideration of All Officers In and Above the Zone.—** Whenever a promotion board (other than a vacancy promotion board) is 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) for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion.
**(c) Certain Officers Not To Be Considered.—** A 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) may not consider for promotion to the next higher grade any of the following officers:
(1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14301
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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) Establishment of Zone.—** Before convening a mandatory promotion board under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), the Secretary of the military department concerned shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board.
**(b) Number in the Zone.—** The Secretary concerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category under the provisions of sections 14303 and 14304 of this title and who are otherwise eligible for promotion.
**(c) Factors in Determining Number in the Zone.—** The Secretary’s determination under subsection (b) shall be made on the basis of an estimate of the following:
(1) The number of officers needed in that competitive category in the next higher grade in each of the next five years.
(2) In the case of a promotion zone for officers to be promoted to a grade to which the maximum years of in grade criteria established in [section 14304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14304&num=0&edition=prelim) apply, the number of officers in that competitive category who are required to be considered for selection for promotion to the next higher grade under that section.
(3) The number of officers that should be placed in the promotion zone in each of the next five years to provide to officers in those years relatively similar opportunities for promotion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14305
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Federal law — U.S. Code and appendices · legal_authorities
Page 3730
TITLE 10—ARMED FORCES
§ 14304
(Added Pub. L. 103–337, div. A, title XVI, § 1611,
Oct. 5, 1994, 108 Stat. 2933.)
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.
§ 14304. Eligibility for consideration for pro-
motion: maximum years of service in grade
(a) CONSIDERATION
FOR
PROMOTION
WITHIN
SPECIFIED TIMES.—(1) Officers described in para-
graph (3) shall be placed in the promotion zone
for that officer’s grade and competitive cat-
egory, and shall be considered for promotion to
the next higher grade by a promotion board con-
vened under section 14101(a) of this title, 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 pro-
motion, the promotion may be effective on or
before the date on which the officer will com-
plete those years of service.
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
com-
mander .................................
7 years
(2) Paragraph (1) is subject to subsections (a),
(b), and (c) of section 14301 of this title and ap-
plies 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 offi-
cer on the reserve active-status list of the Navy
in the grade of lieutenant (junior grade), lieu-
tenant, or lieutenant co
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14304
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