10 U.S.C. § 14306 — Establishment of promotion zones: Navy

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.)