10 U.S.C. § 14304 — Eligibility for consideration for pro-

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.)