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10 U.S.C. § 14501 — Failure of selection for promotion
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-14501-failure-of-selection-for-promotion--7eae2b352b.md
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Source location: Title 10, Chapter 1407, § 14501; chapter-1407-failure-of-selection-for-promotion-and-involuntary-separation.md
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**(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 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 by a mandatory promotion board convened under section 14101(a) or by a special selection board convened under section 14502(a) or 14502(b) of this title and—
(A) the officer is not recommended for promotion by the next mandatory promotion board convened under section 14101(a) or 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) for that officer’s grade and competitive category; or
(B) the officer’s name is again 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal by President.—** The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
**(b) Removal for Withholding of Senate Advice and Consent.—** If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
**(c) Removal After 18 Months.—**
(1) If an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/a&num=0&edition=prelim) to a grade for which appointment is required by [section 12203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12203/a&num=0&edition=prelim) to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3) In this subsection, the term “promotion eligibility period” means, with respect to an officer whose name is on a list of officers approved for promotion under [section 14308(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14310
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14701
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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 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
**(a) Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States is recommended by a mandatory selection 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) for promotion to the next higher grade, an opportunity shall be given to the appropriate authority of the State to promote that officer to fill a vacancy in the Army National Guard or the Air National Guard of that jurisdiction.
**(b) Automatic Federal Recognition.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States who is on a promotion list for promotion to the next higher grade as a result of selection for promotion as described in subsection (a) and who before the date of promotion is appointed in that higher grade to fill a vacancy in the Army National Guard or Air National Guard shall—
(1) be extended Federal recognition in that grade, without the examination prescribed in [section 307 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim); and
(2) subject to [section 14311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311/e&num=0&edition=prelim), be promoted to that reserve grade effective on the date of the officer’s appointment in that grade in the Army National Guard or Air National Guard.
**(c) National Guard Officers Failed of Selection.—** An officer who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/v
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14316
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.
**(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
**(c) Special Selection Board Matters.—** The reference in [section 14502(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a/1&num=0&edition=prelim) to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
**(d) Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)—
(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) 11 See References in Text note below. of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to 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); and
(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who ha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 15106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in this section, sections 14501, 14503, 14504, 631, and 632 of this title shall apply to promotions of officers on the Space Force officer list. For the purpose of such applicability—
(1) any reference in those sections to the reserve active-status list or the active-duty list shall apply to the Space Force officer list; and
(2) any reference in those sections to a board convened under section 14201 11 See References in Text note below. or [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section611&num=0&edition=prelim) shall apply to a board convened under [section 20211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20211&num=0&edition=prelim).
**(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to an officer above the promotion zone shall not apply in the promotion of officers on the Space Force officer list.
**(c) Retirement Authorities.—** In applying section 631 or 632 of this title to such an officer, the reference in subsection (a)(3) of that section to qualifying for retirement under certain sections of this title shall be deemed to refer to qualifying for retirement under any provision of law other than chapter 61 of this title.
**(d) Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)—
(1) an officer on the Space Force officer list shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) or 14501(b) of this title until the officer has faile
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 20251
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Federal law — U.S. Code and appendices · legal_authorities
Page 3742
TITLE 10—ARMED FORCES
§ 14501
2008—Pub. L. 110–181, div. A, title V, § 503(c)(3), title
XVIII, § 1825(a)(2), Jan. 28, 2008, 122 Stat. 95, 502, sub-
stituted ‘‘six years’’ for ‘‘five years’’ in item 14503 and
‘‘officers in grade of major general or rear admiral and
above’’ for ‘‘major generals and rear admirals’’ in item
14511.
2006—Pub. L. 109–364, div. A, title V, § 503(f), Oct. 17,
2006, 120 Stat. 2178, struck out ‘‘reserve’’ before ‘‘briga-
dier’’ in item 14510 and substituted ‘‘62’’ for ‘‘60’’ in
items 14509 and 14510, ‘‘64’’ for ‘‘62’’ in item 14511, and
‘‘66’’ for ‘‘64’’ in item 14512.
2002—Pub. L. 107–314, div. A, title V, § 522(b), Dec. 2,
2002, 116 Stat. 2541, added item 14519.
2001—Pub. L. 107–107, div. A, title V, § 517(b)(2)(B),
Dec. 28, 2001, 115 Stat. 1094, substituted ‘‘Failure of se-
lection for promotion: transfer, retirement, or dis-
charge’’ for ‘‘Separation for failure of selection of pro-
motion’’ in item 14513.
1999—Pub. L. 106–65, div. A, title V, § 511(b), Oct. 5,
1999, 113 Stat. 592, added item 14518.
1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(27),
Feb. 10, 1996, 110 Stat. 497, inserted ‘‘reserve’’ after
‘‘Marine Corps and’’ in item 14506, ‘‘reserve’’ after ‘‘Re-
moval from the’’ in item 14507, and ‘‘in grades’’ after
‘‘reserve officers’’ in item 14509.
§ 14501. Failure of selection for promotion
(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 competi-
tive category and who (1) is considered but not
recommended for promotion (other than by a va-
cancy promotion board), or (2) d
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14501
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