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10 U.S.C. § 15103 — Eligibility for consideration for promotion
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.
**(b) Inapplicability of Certain Time-in-grade Requirements.—** Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).
**(c) Inapplicability to Officers Above and Below Promotion Zone.—** The following provisions of this title shall not apply to the promotion of officers described in subsection (a):
(1) The reference in section 14301(b) to an officer above the promotion zone.
(2) Section 14301(d).
**(d) Ineligibility of Certain Officers.—** The following officers are not eligible for promotion under this chapter:
(1) An officer described in [section 14301(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14301/c&num=0&edition=prelim).
(2) An officer not included within the promotion zone.
(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for 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).
(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with [section 15102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section15102/c&num=0&edition=prelim).
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Source location: Title 10, Chapter 1413, § 15103; chapter-1413-alternative-promotion-authority-for-officers-in-designated-competitive-categories.md
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**(a) In General.—** Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title.
**(b) Inapplicability of Certain Time-in-grade Requirements.—** Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a).
**(c) Inapplicability to Officers Above and Below Promotion Zone.—** The following provisions of this title shall not apply to the promotion of officers described in subsection (a):
(1) The reference in section 14301(b) to an officer above the promotion zone.
(2) Section 14301(d).
**(d) Ineligibility of Certain Officers.—** The following officers are not eligible for promotion under this chapter:
(1) An officer described in [section 14301(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14301/c&num=0&edition=prelim).
(2) An officer not included within the promotion zone.
(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for 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).
(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with [section 15102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section15102/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 3760
TITLE 10—ARMED FORCES
§ 15101
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 3820(a), (b) and 8820 of this title, prior
to repeal by Pub. L. 103–337, § 1629(a)(2), (c)(2).
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.
CHAPTER 1413—ALTERNATIVE PROMOTION
AUTHORITY
FOR
OFFICERS
IN
DES-
IGNATED COMPETITIVE CATEGORIES
Sec.
15101.
Officers in designated competitive categories.
15102.
Selection for promotion.
15103.
Eligibility for consideration for promotion.
15104.
Opportunities
for
consideration
for
pro-
motion.
15105.
Promotions.
15106.
Failure of selection for promotion.
15107.
Retirement: retirement for years of service;
selective early retirement.
15108.
Continuation on the Reserve Active-Status
List.
15109.
Other administrative authorities.
15110.
Regulations.
§ 15101. Officers in designated competitive cat-
egories
(a) AUTHORITY TO DESIGNATE COMPETITIVE CAT-
EGORIES OF OFFICERS.—Each Secretary of a mili-
tary department may designate one or more
competitive categories for promotion of officers
under section 14005 of this title that are under
the jurisdiction of such Secretary as a competi-
tive category of officers whose promotion, re-
tirement, and continuation on the reserve ac-
tive-status list shall be subject to the provisions
of this chapter.
(b) LIMITATION ON EXERCISE OF AUTHORITY.—
The Secretary of a military department may not
designate a competitive category of officers for
purposes of this chapter until 60 days after the
date on which the Secretary submits to the
Committees on Armed Services of the Senate
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