10 U.S.C. § 14305 — Establishment of promotion zones: man-

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 commander as a reserve of the Navy, and who, while holding that appoint- ment, 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 per- manent grade specified in the table in sub- section (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 estab- lished under section 14308(a) of this title 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 com- pletes the maximum years of service in grade specified in subsection (a). The preceding sen- tence is subject to the limitations of section 12011 of this title. (c) WAIVER AUTHORITY FOR NAVY AND MARINE CORPS RUNNING MATE SYSTEM.—If the Secretary of the Navy establishes promotion zones for offi- cers 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, the Secretary may waive the require- ments of subsection (a) to the extent the Sec- retary considers necessary in any case in which the years of service for promotion, or for consid- eration for promotion, within those zones will exceed the maximum years of service in grade specified in subsection (a). (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2934.) 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. MINIMUM SERVICE QUALIFICATIONS FOR PROMOTION Pub. L. 103–337, div. A, title XVI, § 1685, Oct. 5, 1994, 108 Stat. 3024, provided that during the five-year period beginning on Oct. 1, 1996, the Secretary of the Army and the Secretary of the Air Force could waive the pro- visions of this section and during any period in which such a waiver is in effect, establish minimum periods of total years of commissioned service an officer must have served to be eligible for consideration for pro- motion to the grade of captain, major, or lieutenant colonel by boards convened under section 14101(a) of this title. § 14305. Establishment of promotion zones: man- datory consideration for promotion (a) ESTABLISHMENT OF ZONE.—Before con- vening a mandatory promotion board under sec- tion 14101(a) of this title, 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 con- cerned shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among of- ficers who are eligible for promotion in that grade and competitive category under the provi- sions 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 offi- cers to be promoted to a grade to which the maximum years of in grade criteria estab- lished in section 14304 of this title apply, the number of officers in that competitive cat- egory who are required to be considered for se- lection 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 pro- motion. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2935.) Page 3731 TITLE 10—ARMED FORCES § 14307 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. § 14306. Establishment of promotion zones: Navy Reserve and Marine Corps Reserve running mate system (a) AUTHORITY OF SECRETARY OF THE NAVY.— The Secretary of the Navy may by regulation implement section 14305 of this title by requir- ing 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 sub- section (b). (b) ASSIGNMENT OF RUNNING MATES.—An offi- cer 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 ac- tive-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 when that of- ficer’s running mate is in or above the pro- motion 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 pro- motion zone in accordance with section 14307 of this title, the number of officers to be consid- ered from below the zone may be established through the application of the running mate system or otherwise as the Secretary deter- mines to be appropriate to meet the needs of the Navy or Marine Corps. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2935; amended Pub. L. 109–163, div. A, title V, § 515(b)(3)(J), Jan. 6, 2006, 119 Stat. 3235.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in subsec. (b) of this sec- tion were contained in section 5899 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ in section catchline. 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. § 14307. Number of officers to be recommended for promotion (a) DETERMINATION OF MAXIMUM NUMBER.—Be- fore convening a promotion board under section 14101(a) of this title for a grade and competitive category (other than a vacancy promotion board), the Secretary of the military depart- ment concerned, under regulations prescribed by the Secretary of Defense, shall determine the maximum number of officers in that grade and competitive category that the board may rec- ommend for promotion. The Secretary shall make the determination under the preceding sentence of the maximum number that may be recommended with a view to having on the re- serve active-status list a sufficient number of of- ficers in each grade and competitive category to meet the needs of the armed force concerned for officers on that list. In order to make that de- termination, the Secretary shall determine (1) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, (3) the number of officers authorized by the Secretary of the mili- tary department concerned to serve on the re- serve active-status list in the grade and com- petitive category under consideration, and (4) any statutory limitation on the number of offi- cers in any grade or category (or combination thereof) authorized to be on the reserve active- status list. (b) BELOW-THE-ZONE SELECTIONS.—(1) The Sec- retary of the military department concerned may, when the needs of the armed force con- cerned require, authorize the consideration of officers in the grade of captain, major, or lieu- tenant colonel on the reserve active-status list of the Army or Air Force, in a grade above first lieutenant on the reserve active-status list of the Marine Corps, or in a grade above lieutenant (junior grade) on the reserve active-status list of the Navy, for promotion to the next higher grade from below the promotion zone. (2) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be rec- ommended for promotion from below the pro- motion zone in each competitive category to be considered. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competi- tive category, except that the Secretary of De- fense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense deter- mines that the needs of the armed force con- cerned so require. If the maximum number de- termined under this paragraph is less than one, the board may recommend one officer for pro- motion from below the promotion zone. (3) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under subsection (a). (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2936.)