10 U.S.C. § 14303 — Eligibility for consideration for pro-

Page 3729 TITLE 10—ARMED FORCES § 14303 cers of the Army and Marine Corps, or in the grade of captain or rear admiral (lower half), for reserve officers of the Navy, those who have neither (i) been recommended for pro- motion to the next higher grade when consid- ered in the promotion zone, nor (ii) been re- moved from a list of officers recommended for promotion to that grade. (2) Those officers who are senior to the offi- cer designated by the Secretary of the mili- tary department concerned to be the junior of- ficer in the promotion zone eligible for consid- eration for promotion to the next higher grade and the officer so designated. (3) Those officers who— (A) have been selected from below the zone for promotion to the next higher grade or by a vacancy promotion board, but whose names were removed from the list of officers recommended for promotion to that next higher grade resulting from that selection; (B) have not failed of selection for pro- motion to that next higher grade; and (C) are senior to the officer designated by the Secretary of the military department concerned to be the junior officer in the pro- motion zone eligible for consideration for promotion to that next higher grade and the officer so designated. (b) OFFICERS ABOVE THE ZONE.—Officers on the reserve active-status list are considered to be above the promotion zone for a grade and com- petitive category if they— (1) are eligible for consideration for pro- motion to the next higher grade; (2) are in the same grade as those officers in the promotion zone for that competitive cat- egory; and (3) are senior to the senior officer in the pro- motion zone for that competitive category. (c) OFFICERS BELOW THE ZONE.—Officers on the reserve active-status list are considered to be below the promotion zone for a grade and com- petitive category if they— (1) are eligible for consideration for pro- motion to the next higher grade; (2) are in the same grade as those officers in the promotion zone for that competitive cat- egory; and (3) are junior to the junior officer in the pro- motion zone for that competitive category. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2932; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(RR), Jan. 6, 2006, 119 Stat. 3234.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(1)(A). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 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. § 14303. Eligibility for consideration for pro- motion: minimum years of service in grade (a) OFFICERS IN PAY GRADES O–1 AND O–2.—An officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant as a reserve officer of the Army, Air Force, or Marine Corps, or in the grade of ensign or lieutenant (junior grade) as a reserve officer of the Navy, may not be promoted to the next higher grade, or grant- ed Federal recognition in that grade, until the officer has completed the following years of service in grade: (1) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign. (2) Two years, in the case of an officer hold- ing a permanent appointment in the grade of first lieutenant or lieutenant (junior grade). (b) OFFICERS IN PAY GRADES O–3 AND ABOVE.— Subject to subsection (d), an officer who is on the reserve active-status list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant, or who is on the reserve active-status list of the Navy in a grade above lieutenant (junior grade), may not be considered for selection for pro- motion to the next higher grade, or examined for Federal recognition in the next higher grade, until the officer has completed the following years of service in grade: (1) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of cap- tain, major, or lieutenant colonel or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or com- mander. (2) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of colo- nel or brigadier general or in the case of a re- serve officer of the Navy holding a permanent appointment in the grade of captain or rear admiral (lower half). This subsection does not apply to an adjutant general or assistant adjutant general of a State or to an appointment in a higher grade which is based upon a specific provision of law. (c) AUTHORITY TO LENGTHEN MINIMUM PERIOD IN GRADE.—The Secretary concerned may pre- scribe a period of service in grade for eligibility for promotion, in the case of officers to whom subsection (a) applies, or for eligibility for con- sideration for promotion, in the case of officers to whom subsection (b) applies, that is longer than the applicable period specified in that sub- section. (d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE CONSIDERATIONS.—Subject to section 14307(b) of this title, the Secretary of the military depart- ment concerned may waive subsection (b) to the extent necessary to ensure that officers de- scribed in paragraph (1) of that subsection have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. 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.)