10 U.S.C. § 15103 — Eligibility for consideration for pro-

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 and the House of Representatives a report on the designation of the competitive category. The re- port on the designation of a competitive cat- egory shall set forth the following: (1) A detailed description of officer require- ments for officers within the competitive cat- egory. (2) An explanation of the number of opportu- nities for consideration for promotion to each particular grade, and an estimate of pro- motion timing, within the competitive cat- egory. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to des- ignate the competitive category for purposes of this chapter. (Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 245.) § 15102. Selection for promotion (a) IN GENERAL.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers des- ignated for purposes of this chapter shall be gov- erned by the provisions under chapter 1403 of this title. (b) NO RECOMMENDATION FOR PROMOTION OF OF- FICERS BELOW PROMOTION ZONE.—Section 14301(d) of this title shall not apply to the selec- tion for promotion of officers described in sub- section (a). (c) RECOMMENDATION FOR OFFICERS TO BE EX- CLUDED FROM FUTURE CONSIDERATION FOR PRO- MOTION.—In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. (Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 246.) § 15103. Eligibility for consideration for pro- motion (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 provi- sions of this title shall not apply to the pro- motion of officers described in subsection (a): (1) The reference in section 14301(b) to an of- ficer 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. (2) An officer not included within the pro- motion 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. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. (Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 246.) § 15104. Opportunities for consideration for pro- motion (a) SPECIFICATION OF NUMBER OF OPPORTUNI- TIES FOR CONSIDERATION FOR PROMOTION.—In des- ignating a competitive category of officers pur- suant to section 15101 of this title, the Secretary of a military department shall specify the num- ber of opportunities for consideration for pro- motion to be afforded officers of the armed force