10 U.S.C. § 14307 — Number of officers to be recommended

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.) Page 3732 TITLE 10—ARMED FORCES § 14308 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5901 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(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. § 14308. Promotions: how made (a) PROMOTION LIST.—When the report of a se- lection board convened under section 14101(a) or 14502 of this title is approved by the President, the Secretary of the military department con- cerned shall place the names of all officers se- lected for promotion within a competitive cat- egory on a single list for that competitive cat- egory, to be known as a promotion list, in the order of seniority of those officers on the reserve active-status list or based on particular merit, as determined by the promotion board. A pro- motion list is considered to be established under this section as of the date of the approval of the report of the selection board under the pre- ceding sentence. (b) PROMOTION; HOW MADE; ORDER.—(1) Officers on a promotion list for a competitive category shall be promoted in the manner specified in section 12203 of this title. (2) Officers on a promotion list for a competi- tive category shall be promoted to the next higher grade in accordance with regulations pre- scribed by the Secretary of the military depart- ment concerned. Except as provided in section 14311, 14312, or 14502(e) of this title or in sub- section (d) or (e), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers pre- viously selected for promotion in that competi- tive category have been promoted. (3) Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations pre- scribed by the Secretary of the military depart- ment concerned. (4)(A) Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieuten- ant (junior grade) who are on an approved all- fully-qualified-officers list shall be promoted to the next higher grade in accordance with regula- tions prescribed by the Secretary concerned. Such promotions shall be in the manner speci- fied in section 12203 of this title. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of sub- paragraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter and chapter 1403 of this title. (C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all of- ficers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all- fully-qualified-officers list is a list of all officers on the reserve active-status list in a grade who the Secretary of the military department con- cerned determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selec- tion board convened under section 14101(a) of this title upon the convening of such a board. (E) If the Secretary of the military depart- ment concerned determines that one or more of- ficers or former officers were not placed on an all-fully-qualified-list under this paragraph be- cause of administrative error, the Secretary may prepare a supplemental all-fully-qualified- officers list containing the names of any such officers for approval in accordance with this paragraph. (c) DATE OF RANK.—(1) The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d)(2) of this title. (2) The date of rank of an officer appointed to a higher grade under this section may be ad- justed in the same manner as an adjustment may be made under section 741(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting ‘‘reserve active- status list’’ for ‘‘active-duty list’’. (3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active-status promotion list pursu- ant to subsection (e) or (f) of section 624 of this title. (4) Except as provided in paragraph (2) or as otherwise specifically authorized by law, a re- serve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion. (d) OFFICERS WITH RUNNING MATES.—An officer to whom a running mate system applies under section 14306 of this title and who is selected for promotion is eligible for promotion to the grade for which selected when the officer who is that officer’s running mate becomes eligible for pro- motion under chapter 36 of this title. The effec- tive date of the promotion of that officer shall be the same as that of the officer’s running mate in the grade to which the running mate is pro- moted. (e) ARMY RESERVE AND AIR FORCE RESERVE PROMOTIONS TO FILL VACANCIES.—Subject to this section and to section 14311(e) of this title, and under regulations prescribed by the Sec- retary of the military department concerned— (1) an officer in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a manda- tory promotion board convened under section 14101(a) of this title or a board convened under section 14502 or chapter 36 of this title may be promoted at any time to fill a vacancy in a po- sition to which the officer is assigned; and (2) an officer in a grade below colonel in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a vacancy promotion board con-