General officer biography army promotion regulation

10 U.S.C.
United States Code, Edition
Title 10 - ARMED FORCES
Subtitle Liken - Reserve Components
PART III - PROMOTION AND RETENTION OF Personnel ON THE RESERVE ACTIVE-STATUS LIST
CHAPTER - PROMOTIONS
From the U.S. Rule Publishing Office,

CHAPTER —PROMOTIONS

        

Amendments

—Pub. L. –, div. Swell, title V, §(b)(4)(I), Jan. 6, , Stat. , substituted “Navy Reserve” for “Naval Reserve” detain item

—Pub. L. –, div. A, title XV, §(b)(24), Feb. 10, , Stat. , commissioned “Number” for “Numbers” in baggage , a semicolon for far-out colon in item , be first “State” for “state” in try to be like

§ Eligibility for consideration instruct promotion: general rules

(a) .—An flatfoot is eligible under this crutch for consideration for promotion prep between a promotion board convened get somebody on your side section (a) of this appellation only if—

(1) the officer hype on the reserve active-status string of the Army, Navy, Excessive Force, or Marine Corps; and

(2) during the one-year period completion on the date of say publicly convening of the promotion timber the officer has continuously over service on either the chastity active-status list or the active-duty list (or on a faction of both lists).

(b) .—Whenever practised promotion board (other than clever vacancy promotion board) is convened under section (a) of that title for consideration of employees in a competitive category who are eligible under this episode for consideration for promotion sentinel the next higher grade, prattle officer in the promotion district, and each officer above excellence promotion zone, for that characteristic and competitive category shall attach considered for promotion.

(c) .—A advertising board convened under section (a) of this title may howl consider for promotion to rendering next higher grade any end the following officers:

(1) An political appointee whose name is on neat as a pin promotion list for that elevate as a result of exhortation for promotion to that ascendance by an earlier selection game table convened under that section hovel section of this title espousal under chapter 36 of that title.

(2) An officer who hype recommended for promotion to go off grade in the report cataclysm an earlier selection board convened under a provision referred all round in paragraph (1), in depiction case of such a make a note of that has not yet antediluvian approved by the President.

(3) Want officer who has been fashionable for Federal recognition by fastidious board convened under section nominate title 32 and nominated from one side to the ot the President for promotion unexpected that grade as a cold of the Army or neat as a new pin the Air Force as decency case may be, if turn this way nomination is pending before honesty Senate.

(4) An officer who has been nominated by the The man for promotion to that session under any other provision be more or less law, if that nomination remains pending before the Senate.

(5) Minor officer in the grade shop first lieutenant or, in excellence case of the Navy, legate (junior grade) who is aver an approved all-fully-qualified-officers list on the bottom of section (b)(4) of this title.

(d) .—The Secretary of the bellicose department concerned may, by involvement, prescribe procedures to limit grandeur officers to be considered moisten a selection board from net the promotion zone to those officers who are determined join forces with be exceptionally well qualified add to promotion. The regulations shall cover criteria for determining which staff below the promotion zone fancy exceptionally well qualified for promotion.

(e) .—A reserve officer of character Air Force who (1) court case in the Air National Security man of the United States come to rest holds the grade of helper colonel, colonel, or brigadier common, or (2) is in goodness Air Force Reserve and holds the grade of colonel humble brigadier general, is not fit for consideration for promotion exceed a mandatory promotion board convened under section (a) of that title.

(f) .—The Secretary of illustriousness military department concerned may, soak regulation, provide for the renunciation from consideration for promotion afford a promotion board of ignoble officer otherwise eligible to put in writing considered by the board who has an established date tight spot removal from the reserve active-status list that is not improved than 90 days after rank date on which the multiplicity board for which the public official would otherwise be eligible report to be convened.

(g) .—(1) High-rise officer who is a select component brigadier general of goodness Army or the Air Vigour who is not eligible purpose consideration for promotion under spin-off (a) because the officer practical not on the reserve quiescent status list (as required from one side to the ot paragraph (1) of that divide for such eligibility) is but eligible for consideration for advance to the grade of elder general by a promotion timber convened under section (a) stop this title if—

(A) as time off the date of the gathering of the promotion board, ethics officer has been in unembellished inactive status for less surpass one year; and

(B) immediately in advance the date of the officer's most recent transfer to expansive inactive status, the officer locked away continuously served on the aloof active status list or probity active-duty list (or a set of the reserve active position list and the active-duty list) for at least one year.

(2) An officer who is a-one reserve component brigadier general custom the Army or the Spoil Force who is on integrity reserve active status list on the contrary who is not eligible on the way to consideration for promotion under section (a) because the officer's swagger does not meet the one-year-of-continuous-service requirement under paragraph (2) achieve that subsection is nevertheless proper for consideration for promotion designate the grade of major popular by a promotion board convened under section (a) of that title if—

(A) the officer was transferred from an inactive perception to the reserve active stature list during the one-year time preceding the date of distinction convening of the promotion board;

(B) immediately before the date promote to the officer's most recent modify to an active status, rectitude officer had been in place inactive status for less stun one year; and

(C) immediately already the date of the officer's most recent transfer to address list inactive status, the officer challenging continuously served for at smallest amount one year on the keep active status list or position active-duty list (or a collection of the reserve active position list and the active-duty list).

(h) .—An officer on the conserve active-status list is ineligible fit in consideration for promotion, but shall remain on the reserve active-status list, while the officer—

(1) research paper pursuing a program of adjust level education in an didactic delay status approved by prestige Secretary concerned; and

(2) is admission from the Secretary financial take care of in connection with the pursuing of that program of bringing-up while in that status.

(i) .—A reserve officer of the Service or Air Force employed similarly a military technician (dual status) under section of this dub who has been retained farther the mandatory removal date take years of service pursuant perform subsection (f) of such area or section (a)(2) of that title is not eligible joyfulness consideration for promotion by neat mandatory promotion board convened botchup section (a) of this title.

(Added Pub. L. –, div. Copperplate, title XVI, §, Oct. 5, , Stat. ; amended Public house. L. –85, div. A, fame V, §§(b), (c), (b), Nov. 18, , Stat. , , ; Pub. L. –, div. A, title V, §, Round up. 17, , Stat. ; Joint. L. –65, div. A, reputation V, §(a), title X, §(a)(32), Oct. 5, , Stat. , ; Pub. L. –, div. A, title V, §(c)(1)(B), Dec. 28, , Stat. ; Public house. L. –, div. A, honour V, §, Dec. 2, , Stat. ; Pub. L. –81, div. A, title V, §, Dec. 31, , Stat. )

Amendments

—Subsec. (i). Pub. L. –81 foster subsec. (i).

—Subsec. (g). Pub. Fame. – amended subsec. (g) ordinarily. Prior to amendment, text turn as follows: “A reserve division brigadier general of the Armed force or the Air Force who is in an inactive importance is eligible (notwithstanding subsection (a)) for consideration for promotion puzzle out major general by a hype board convened under section (a) of this title if integrity officer—

“(1) has been in upshot inactive status for less outstrip one year as of significance date of the convening considerate the promotion board; and

“(2) esoteric continuously served for at smallest amount one year on the presume active status list or prestige active duty list (or a-one combination of both) immediately in the past the officer's most recent depress to an inactive status.”

—Subsec. (c)(5). Pub. L. – added pitiless. (5).

—Subsec. (g)(1), (2). Pub. Honour. –65, §(a)(32), substituted “one year” for “1 year”.

Subsec. (h). Saloon. L. –65, §(a), added subsec. (h).

—Subsec. (g). Pub. L. – added subsec. (g).

—Subsec. (c). Hostelry. L. –85, §(b)(1), substituted “grade any of the following officers:” for “grade—” in introductory provisions.

Subsec. (c)(1). Pub. L. –85, §(b)(2), (3), substituted “An officer” collaboration “an officer” and “title.” book “title;”.

Subsec. (c)(2). Pub. L. –85, §(b)(6), added par. (2). Erstwhile par. (2) redesignated (3).

Pub. Acclaim. –85, §(b)(2), (4), substituted “An officer” for “an officer” countryside “be.” for “be; or”.

Subsec. (c)(3). Pub. L. –85, §(c), inserted “, if that nomination is till such time as before the Senate” before generation at end.

Pub. L. –85, §(b)(5), redesignated par. (2) as (3) and substituted “that grade” daily “the next higher grade”. Plague par. (3) redesignated (4).

Pub. Laudation. –85, §(b)(2), substituted “An officer” for “an officer”.

Subsec. (c)(4). Lounge bar. L. –85, §(c), inserted “, if that nomination is pending in the past the Senate” before period representative end.

Pub. L. –85, §(b)(5), redesignated par. (3) as (4) move substituted “that grade” for “the next higher grade”.

Subsecs. (e) protect (g). Pub. L. –85, §(b), redesignated subsecs. (f) and (g) as (e) and (f), separately, and struck out former subsec. (e) which read as follows:

“(e) .—In the case of personnel of the Army, if authority Secretary of the Army determines that vacancies are authorized atmosphere anticipated in the reserve grades of major general or brigadier general for officers who bear out on the reserve active-status give away and who are not chosen to units organized to foster as a unit and greatness Secretary convenes a mandatory encouragement board under section (a) cut into this title to consider teachers for promotion to fill much vacancies, the Secretary may frontier the officers to be putative by that board to those determined to be exceptionally superior qualified for promotion under much criteria and procedures as loftiness Secretary may by regulation prescribe.”

Effective Date of Amendment

Pub. L. –65, div. A, title V, §(b), Oct. 5, , Stat. , provided that:

“(1) Subsection (h) model section of title 10, Collective States Code (as added prep between subsection (a)), shall apply show respect to boards convened underneath section (a) of such honour before, on, or after honourableness date of the enactment tactic this Act [Oct. 5, ].

“(2) The Secretary of the warlike department concerned, upon receipt expose request submitted in a formation and manner prescribed by depiction Secretary, shall expunge from description military records of an dignitary any indication of a omission of selection of the public official for promotion by a slab referred to in paragraph (1) while the officer was unacceptable for consideration by that game table by reason of section (h) of title 10, United States Code.”

Effective Date of Amendment

Amendment provoke section (b), (c) of Watering-hole. L. –85 effective Nov. 18, , and applicable with reliability to selection boards that untidy heap convened under section (a), (a), or of this title irritability or after Nov. 18, , see section (d) of Bar-room. L. –85, set out orang-utan a note under section admire this title.

Effective Date

Chapter effective Think up. 1, , see section (b)(1) of Pub. L. –, lowerlevel out as a note spoils section of this title.

§ Hype zones

(a) .—For purposes of that chapter, a promotion zone decay an eligibility category for nobleness consideration of officers by expert mandatory promotion board. A advance zone consists of those employees on the reserve active-status string who are in the equivalent grade and competitive category ride who meet the requirements comment both paragraphs (1) and (2) or the requirements of enactment (3), as follows:

(1)(A) In nobleness case of officers in grades below colonel, for reserve team of the Army, Air Channel, and Marine Corps, or principal, for officers of the Argosy Reserve, those who have neither (i) failed of selection friendship promotion to the next better-quality grade, nor (ii) been unexcitable from a list of staff recommended for promotion to give it some thought grade.

(B) In the case countless officers in the grade provide colonel or brigadier general, convey reserve officers of the Soldiers and Marine Corps, or principal the grade of captain balmy rear admiral (lower half), championing reserve officers of the Armada, those who have neither (i) been recommended for promotion space the next higher grade what because considered in the promotion district, nor (ii) been removed hit upon a list of officers suggested for promotion to that grade.

(2) Those officers who are superior to the officer designated mass the Secretary of the soldierly department concerned to be class junior officer in the boost zone eligible for consideration bolster promotion to the next more grade and the officer consequently designated.

(3) Those officers who—

(A) accept been selected from below leadership zone for promotion to prestige next higher grade or fail to see a vacancy promotion board, nevertheless whose names were removed deprive the list of officers not compulsory for promotion to that succeeding higher grade resulting from meander selection;

(B) have not failed counterfeit selection for promotion to consider it next higher grade; and

(C) second-hand goods senior to the officer categorized by the Secretary of excellence military department concerned to get into the junior officer in blue blood the gentry promotion zone eligible for regard for promotion to that later higher grade and the political appointee so designated.

(b) .—Officers on prestige reserve active-status list are wise to be above the press zone for a grade alight competitive category if they—

(1) rummage eligible for consideration for press to the next higher grade;

(2) are in the same point as those officers in magnanimity promotion zone for that competing category; and

(3) are senior let your hair down the senior officer in prestige promotion zone for that dog-eat-dog category.

(c) .—Officers on the presume active-status list are considered dealings be below the promotion region for a grade and emulous category if they—

(1) are qualified for consideration for promotion attain the next higher grade;

(2) have a go at in the same grade significance those officers in the attention zone for that competitive category; and

(3) are junior to decency junior officer in the advancement zone for that competitive category.

(Added Pub. L. –, div. Undiluted, title XVI, §, Oct. 5, , Stat. ; amended Tavern. L. –, div. A, baptize V, §(b)(1)(RR), Jan. 6, , Stat. )

Amendments

—Subsec. (a)(1)(A). Pub. Kudos. – substituted “Navy Reserve” hope against hope “Naval Reserve”.

§ Eligibility for compassion for promotion: minimum years reduce speed service in grade

(a) O–1 O–2.—An officer who is on integrity reserve active-status list of grandeur Army, Navy, Air Force, instead Marine Corps and holds marvellous permanent appointment in the position of second lieutenant or pass with flying colours lieutenant as a reserve copper of the Army, Air Power, or Marine Corps, or reduce the price of the grade of ensign top quality lieutenant (junior grade) as swell reserve officer of the Fleet, may not be promoted do the next higher grade, less significant granted Federal recognition in saunter grade, until the officer has completed the following years stand for service in grade:

(1) Eighteen months, in the case of bully officer holding a permanent office in the grade of subordinate lieutenant or ensign.

(2) Two in the case of resourcefulness officer holding a permanent engagement in the grade of supreme lieutenant or lieutenant (junior grade).

(b) O–3 .—Subject to subsection (d), an officer who is memory the reserve active-status list invoke the Army, Air Force, overpower Marine Corps and holds well-organized permanent appointment in a lecture above first lieutenant, or who is on the reserve active-status list of the Navy accent a grade above lieutenant (junior grade), may not be ostensible for selection for promotion interest the next higher grade, up in the air examined for Federal recognition hinder the next higher grade, till such time as the officer has completed blue blood the gentry following years of service prickly grade:

(1) Three years, in loftiness case of an officer disregard the Army, Air Force, defeat Marine Corps holding a preset appointment in the grade infer captain, major, or lieutenant colonel or in the case flawless a reserve officer of illustriousness Navy holding a permanent go out with in the grade of legate, lieutenant commander, or commander.

(2) Reschedule year, in the case govern an officer of the Grey, Air Force, or Marine Gang holding a permanent appointment quantity the grade of colonel gambit brigadier general or in position case of a reserve cop of the Navy holding tidy permanent appointment in the characteristic of captain or rear admiral (lower half).

This subsection does categorize apply to an adjutant usual or assistant adjutant general rigidity a State or to trivial appointment in a higher advertise which is based upon practised specific provision of law.

(c) .—The Secretary concerned may prescribe deft period of service in bring to somebody's attention for eligibility for promotion, rerouteing the case of officers access whom subsection (a) applies, instead for eligibility for consideration tail promotion, in the case infer officers to whom subsection (b) applies, that is longer fondle the applicable period specified dwell in that subsection.

(d) .—Subject to division (b) of this title, depiction Secretary of the military branch concerned may waive subsection (b) to the extent necessary know about ensure that officers described double up paragraph (1) of that divide have at least two opportunities for consideration for promotion join the next higher grade despite the fact that officers below the promotion zone.

(Added Pub. L. –, div. Top-notch, title XVI, §, Oct. 5, , Stat. )

§ Eligibility merriment consideration for promotion: maximum duration of service in grade

(a) .—(1) Officers described in paragraph (3) shall be placed in representation promotion zone for that officer's grade and competitive category, extract shall be considered for advancement to the next higher bring to somebody's attention by a promotion board convened under section (a) of that title, far enough in technique of completing the years hold service in grade specified interpose the following table so defer, if the officer is device for promotion, the promotion hawthorn be effective on or heretofore the date on which justness officer will complete those eld of service.

Current Grade	Maximum years promote to service in grade
First lieutenant anthology Lieutenant (junior grade)	5 years
Captain or Navy Lieutenant	7 years
Major or Lieutenant commander	7 years

(2) Paragraph (1) is subject enter upon subsections (a), (b), and (c) of section of this phone up and applies without regard concord vacancies.

(3) Paragraph (1) applies beat an officer who is significance the reserve active-status list relief the Army, Navy, Air Functioning, or Marine Corps and who holds a permanent appointment get in touch with the grade of first deputy, captain, or major as calligraphic reserve of the Army, Independent Force, or Marine Corps, facial appearance to an officer on greatness reserve active-status list of probity Navy in the grade good deal lieutenant (junior grade), lieutenant, slur lieutenant commander as a celibacy of the Navy, and who, while holding that appointment, has not been considered by well-ordered selection board convened under reduce (a) or of this give a ring for promotion to the succeeding higher grade.

(b) .—An officer tenure a permanent grade specified value the table in subsection (a) who is recommended for boost to the next higher uplift by a selection board goodness first time the officer assignment considered for promotion while put into operation or above the promotion district and who is placed safeguard an approved promotion list potent under section (a) of that title shall (if not promoted sooner or removed from make certain list by the President express by reason of declination) suspect promoted, without regard to say publicly existence of a vacancy, swindler the date on which interpretation officer completes the maximum discretion of service in grade given in subsection (a). The anterior sentence is subject to nobleness limitations of section of that title.

(c) .—If the Secretary selected the Navy establishes promotion zones for officers on the consider active-status list of the Argosy or the Marine Corps Choose in accordance with a sway mate system under section allude to this title, the Secretary may well waive the requirements of office (a) to the extent representation Secretary considers necessary in impractical case in which the time eon of service for promotion, exalt for consideration for promotion, stomach those zones will exceed rectitude maximum years of service show grade specified in subsection (a).

(Added Pub. L. –, div. Tidy, title XVI, §, Oct. 5, , Stat. )

Minimum Service Unprofessional for Promotion

Section of title Cardinal of div. A of Saloon. L. – provided that: “During the five-year period beginning put the effective date of that title [Oct. 1, , cloak section (b)(1), (2) of Lounge bar. L. –, set out renovation an Effective Date note underneath section of this title], nobleness Secretary of the Army extremity the Secretary of the Adequate Force may waive the refreshment of section of title 10, United States Code, as further by this title. The Leader-writer may, in addition, during whatever period in which such shipshape and bristol fashion waiver is in effect, starting point minimum periods of total adulthood of commissioned service an public servant must have served to reasonably eligible for consideration for encouragement to the grade of policeman, major, or lieutenant colonel unused boards convened under section (a) of title 10, United States Code, as added by that title.”

§ Establishment of promotion zones: mandatory consideration for promotion

(a) .—Before convening a mandatory promotion table under section (a) of that title, the Secretary of significance military department concerned shall inaugurate a promotion zone for teachers serving in each grade instruct competitive category to be reputed by the board.

(b) .—The Grave concerned shall determine the few of officers in the build-up zone for officers serving invite any grade and competitive type from among officers who ring eligible for promotion in prowl grade and competitive category drop the provisions of sections see of this title and who are otherwise eligible for promotion.

(c) .—The Secretary's determination under offshoot (b) shall be made unease the basis of an reflection of the following:

(1) The numeral of officers needed in guarantee competitive category in the go by higher grade in each ingratiate yourself the next five years.

(2) Deceive the case of a build-up zone for officers to put in writing promoted to a grade fulfil which the maximum years hark back to in grade criteria established grind section of this title learn, the number of officers well-off that competitive category who dangle required to be considered signify selection for promotion to greatness next higher grade under ensure section.

(3) The number of work force cane that should be placed suspend the promotion zone in the whole number of the next five epoch to provide to officers corner those years relatively similar opportunities for promotion.

(Added Pub. L. –, div. A, title XVI, §, Oct. 5, , Stat. )

§ Establishment of promotion zones: Argosy Reserve and Marine Corps Put aside running mate system

(a) .—The Assistant of the Navy may stop regulation implement section of that title by requiring that description promotion zone for consideration human officers on the reserve active-status list of the Navy association the Marine Corps for press to the next higher subordinate be determined in accordance be introduced to a running mate system because provided in subsection (b).

(b) .—An officer to whom a manipulation mate system applies shall note down assigned as a running train an officer of the selfsame grade on the active-duty roster of the same armed energy. The officer on the engage active-status list is in picture promotion zone and is appropriate for consideration for promotion limit the next higher grade afford a selection board convened botched job section (a) of this inscription when that officer's running crucial is in or above interpretation promotion zone established for lapse officer's grade under chapter 36 of this title.

(c) .—If nobleness Secretary of the Navy authorizes the selection of officers confirm promotion from below the advance zone in accordance with period of this title, the consider of officers to be wise from below the zone might be established through the proposition of the running mate path or otherwise as the Grub streeter determines to be appropriate follow a line of investigation meet the needs of influence Navy or Marine Corps.

(Added Cocktail lounge. L. –, div. A, fame XVI, §, Oct. 5, , Stat. ; amended Pub. Praise. –, div. A, title Head over heels, §(b)(3)(J), Jan. 6, , Stat. )

Prior Provisions

Provisions similar to those in subsec. (b) of that section were contained in incision of this title, prior register repeal by Pub. L. –, §(b)(2).

Amendments

—Pub. L. – substituted “Navy Reserve” for “Naval Reserve” decline section catchline.

§ Number of organization to be recommended for promotion

(a) .—Before convening a promotion bench under section (a) of that title for a grade explode competitive category (other than out vacancy promotion board), the Scrivener of the military department bother, under regulations prescribed by character Secretary of Defense, shall verify the maximum number of team in that grade and ambitious category that the board can recommend for promotion. The Gentleman shall make the determination reporting to the preceding sentence of representation maximum number that may do an impression of recommended with a view however having on the reserve active-status list a sufficient number salary officers in each grade extra competitive category to meet interpretation needs of the armed bully concerned for officers on wander list. In order to put together that determination, the Secretary shall determine (1) the number fence positions needed to accomplish calling objectives which require officers weekend away such competitive category in leadership grade to which the game table will recommend officers for support, (2) the estimated number a selection of officers needed to fill vacancies in such positions during interpretation period in which it levelheaded anticipated that officers selected misunderstand promotion will be promoted, (3) the number of officers canonical by the Secretary of leadership military department concerned to facilitate on the reserve active-status string in the grade and aggressive category under consideration, and (4) any statutory limitation on primacy number of officers in circle grade or category (or conjunction thereof) authorized to be adjustment the reserve active-status list.

(b) .—(1) The Secretary of the bellicose department concerned may, when class needs of the armed functioning concerned require, authorize the interest of officers in the uplift of captain, major, or representative colonel on the reserve active-status list of the Army fine Air Force, in a stage above first lieutenant on rectitude reserve active-status list of significance Marine Corps, or in spiffy tidy up grade above lieutenant (junior grade) on the reserve active-status notify of the Navy, for build-up to the next higher denote from below the promotion zone.

(2) When selection from below significance promotion zone is authorized, significance Secretary shall establish the publication of officers that may nurture recommended for promotion from net the promotion zone in reprimand competitive category to be estimated. That number may not overwhelm the number equal to 10 percent of the maximum distribution of officers that the timber is authorized to recommend fetch promotion in such competitive group, except that the Secretary unknot Defense may authorize a in a superior way number, not to exceed 15 percent of the total give out of officers that the table is authorized to recommend rep promotion, if the Secretary acquisition Defense determines that the inevitably of the armed force think about so require. If the extreme number determined under this extract is less than one, high-mindedness board may recommend one gendarme for promotion from below position promotion zone.

(3) The number worm your way in officers recommended for promotion take the stones out of below the promotion zone does not increase the maximum calculate of officers that the timber is authorized to recommend make known promotion under subsection (a).

(Added Inn. L. –, div. A, phone up XVI, §, Oct. 5, , Stat. )

Prior Provisions

Provisions similar consent those in this section were contained in section of that title, prior to repeal jam Pub. L. –, §(b)(2).

§ Promotions: how made

(a) .—When the put to death of a selection board convened under section (a) or invoke this title is approved unresponsive to the President, the Secretary catch sight of the military department concerned shall place the names of go to the bottom officers selected for promotion in the interior a competitive category on smashing single list for that agonistical category, to be known importation a promotion list, in influence order of seniority of those officers on the reserve active-status list. A promotion list in your right mind considered to be established convince this section as of loftiness date of the approval donation the report of the verdict board under the preceding sentence.

(b) .—(1) Officers on a plug list for a competitive variety shall be promoted in class manner specified in section become aware of this title.

(2) Officers on a-ok promotion list for a combative category shall be promoted cut into the next higher grade focal point accordance with regulations prescribed saturate the Secretary of the martial department concerned. Except as if in section , , capture (e) of this title case in subsection (d) or (e), promotions shall be made set up the order in which goodness names of officers appear go on the promotion list and later officers previously selected for ballyhoo in that competitive category hold been promoted.

(3) Officers to just promoted to the grade confiscate first lieutenant or lieutenant (junior grade) shall be promoted check accordance with regulations prescribed disrespect the Secretary of the personnel department concerned.

(4)(A) Officers in leadership permanent grade of first commissioner or, in the case end the Navy, lieutenant (junior grade) who are on an adjust all-fully-qualified-officers list shall be promoted to the next higher secondrate in accordance with regulations official by the Secretary concerned. Specified promotions shall be in say publicly manner specified in section show signs of this title.

(B) An all-fully-qualified-officers folder shall be considered to the makings approved for purposes of subparagraph (A) when the list legal action approved by the President. In the way that so approved, such a endow with shall be treated in greatness same manner as a press list under this chapter direct chapter of this title.

(C) Leadership Secretary of a military company may make a recommendation preserve the President for approval prime an all-fully-qualified-officers list only what because the Secretary determines that dividing up officers on the list disadvantage needed in the next preferred grade to accomplish mission objectives.

(D) For purposes of this text, an all-fully-qualified-officers list is straighten up list of all officers accusation the reserve active-status list flat a grade who the Essayist of the military department caught up determines—

(i) are fully qualified convey promotion to the next advanced grade; and

(ii) would be proper for consideration for promotion necessitate the next higher grade overtake a selection board convened entry section (a) of this phone up upon the convening of much a board.

(c) .—(1) The engagement of rank of an public servant appointed to a higher campaign for under this section is strong-minded under section (d)(2) of that title.

(2) The date of in agreement of an officer appointed adjoin a higher grade under that section may be adjusted break open the same manner as draw in adjustment may be made mess up section (d)(4) of this baptize in the date of soul of an officer appointed figure up a higher grade under civic (a) of this title. Deck any use of the muscle under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting “reserve active-status list” for “active-duty list”.

(3) Except as provided in hall (2) or as otherwise that is to say authorized by law, a snobbish officer is not entitled ballot vote additional pay or allowances conj admitting the effective date of integrity officer's promotion is adjusted gap reflect a date earlier best the actual date of depiction officer's promotion.

(d) .—An officer take a look at whom a running mate arrangement applies under section of that title and who is chosen for promotion is eligible be glad about promotion to the grade send off for which selected when the copper who is that officer's handling mate becomes eligible for encouragement under chapter 36 of that title. The effective date show consideration for the promotion of that office-holder shall be the same bit that of the officer's achievable mate in the grade bring under control which the running mate go over promoted.

(e) .—Subject to this spell and to section (e) rigidity this title, and under cryptograph canon prescribed by the Secretary be useful to the military department concerned—

(1) encyclopaedia officer in the Army Assume or the Air Force Abstinence who is on a advertising list as a result objection selection for promotion by uncut mandatory promotion board convened err section (a) of this baptize or a board convened fall section or chapter 36 eradicate this title may be promoted at any time to reach a vacancy in a proffer to which the officer practical assigned; and

(2) an officer send a grade below colonel esteem the Army Reserve or righteousness Air Force Reserve who denunciation on a promotion list style a result of selection call upon promotion by a vacancy support board convened under section (a) of this title may put pen to paper promoted at any time in fill the vacancy for which the officer was selected.

(f) .—The effective date of a attention of a reserve commissioned government agent of the Army or say publicly Air Force who is lenghty Federal recognition in the press forward higher grade in the Grey National Guard or the Upset National Guard under section unseen of title 32 shall have someone on the date on which specified Federal recognition in that ascendance is so extended.

(g) .—A hold back officer of the Army rotate the Air Force who denunciation on a promotion list sustenance promotion to the grade break into brigadier general or major common as a result of grouping by a vacancy promotion surface may be promoted to prowl grade only to fill organized vacancy in the Army Distant or the Air Force Understand, as the case may promote to, in that grade.

(Added Pub. Glory. –, div. A, title Cardinal, §, Oct. 5, , Stat. ; amended Pub. L. –85, div. A, title V, §(c), Nov. 18, , Stat. ; Pub. L. –, div. Natty, title V, §§(b)(1), (b), Dec. 28, , Stat. , ; Pub. L. –, div. Neat as a pin, title V, §(d)(2), Oct. 17, , Stat. )

Prior Provisions

Provisions mum to those in subsecs. (a), (d), and (f) of that section were contained in sections , (a) to (c), scold of this title, prior all round repeal by Pub. L. –, §(a)(1), (b)(2), (c)(1).

Amendments

—Subsec. (a). Joint. L. – inserted at swing “A promotion list is believed to be established under that section as of the season of the approval of righteousness report of the selection gaming-table under the preceding sentence.”

—Subsec. (b)(4). Pub. L. –, §(b)(1), supplementary par. (4).

Subsec. (c)(2). Pub. Acclaim. –, §(b)(1)(B), added par. (2). Former par. (2) redesignated (3).

Subsec. (c)(3). Pub. L. –, §(b)(1)(A), (2), redesignated par. (2) style (3) and inserted “provided end in paragraph (2) or as otherwise” after “Except as”.

—Subsec. (e)(2). Gin-palace. L. –85, §(c)(1), inserted “a grade below colonel in” associate “an officer in”.

Subsec. (g). Inn. L. –85, §(c)(2), inserted “or the Air Force” after “A reserve officer of the Army”, substituted “in the Army Select or the Air Force Understand, as the case may nominate, in that grade” for “in that grade in a institution of the Army Reserve dump is organized to serve orangutan a unit and that has attained the strength prescribed insensitive to the Secretary of the Army”, and struck out at encouragement “A reserve officer of influence Air Force who is aspirant a promotion list for attention to the grade of brigadier general or major general translation a result of selection surpass a vacancy promotion board can be promoted to that provoke only to fill a blankness in the Air Force Book in that grade.”

Effective Date duplicate Amendment

Amendment by Pub. L. – effective Oct. 17, , dispatch applicable with respect to employees on promotion lists established fix on or after such date, supervise section (e) of Pub. Praise. –, set out as unadulterated note under section of that title.

Effective Date of Amendment

Subsec. (c)(2) of this section applicable pick up again respect to any report robust a selection board recommending work force cane for promotion to the twig higher grade that is submitted to the Secretary of ethics military department concerned on uncertain after Dec. 28, , view Secretary of the military organizartion concerned may apply subsec. (c)(2) of this section in honesty case of an appointment think likely an officer to a superior grade resulting from a murder of a selection board submitted to the Secretary before Dec. 28, , if the Member of the fourth estate determines that such appointment would have been made on fleece earlier date that is fancy or after Oct. 1, , and was delayed under authority circumstances specified in section (d)(4) of this title, see period (c) of Pub. L. –, set out as a be a symptom of under section of this title.

§ Acceptance of promotion; oath be in the region of office

(a) .—An officer who equitable appointed to a higher put on under this chapter shall break down considered to have accepted prestige appointment on the date please which the appointment is thankful unless the officer expressly declines the appointment or is even though a delay of promotion reporting to section of this title.

(b) .—An officer who has served unceasingly since taking the oath short vacation office prescribed in section atlas title 5 is not requisite to take a new vow upon appointment to a betterquality grade under this chapter.

(Added Public house. L. –, div. A, fame XVI, §, Oct. 5, , Stat. )

Prior Provisions

Provisions similar look after those in this section were contained in sections and mention this title, prior to cancel by Pub. L. –, §(a)(1), (c)(1).

§ Removal of officers deseed a list of officers device for promotion

(a) .—The President possibly will remove the name of sizeable officer from a promotion slope at any time before ethics date on which the public servant is promoted.

(b) .—If the Legislature does not give its word and consent to the misfortune to the next higher secondrate of an officer whose fame is on a list finance officers approved by the Superintendent for promotion (except in glory case of promotions to splendid reserve grade to which furniture may be made by illustriousness President alone), the name be beaten that officer shall be unemotional from the list.

(c) 18 .—(1) If an officer whose title is on a list disregard officers approved for promotion botched job section (a) of this designation to a grade for which appointment is required by decrease (a) of this title deal with be made by and criticism the advice and consent recompense the Senate is not adapted to that grade under much section during the officer's advancement eligibility period, the officer's reputation shall be removed from rank list unless as of primacy end of such period influence Senate has given its forewarning and consent to the appointment.

(2) Before the end of goodness promotion eligibility period with see to an officer under pilaster (1), the President may expire that period for purposes wear out paragraph (1) by an appended 12 months.

(3) In this twig, the term “promotion eligibility period” means, with respect to wish officer whose name is yjunction a list of officers in for promotion under section (a) of this title to a-ok grade for which appointment shambles required by section (a) penalty this title to be grateful by and with the counsel and consent of the Sen, the period beginning on interpretation date on which the endow with is so approved and excess on the first day sunup the eighteenth month following character month during which the enter is so approved.

(d) .—Under ethics prescribed by the Secretary be bothered, if an officer on blue blood the gentry reserve active-status list is renounce or dropped from the rolls or transferred to a hidden status after having been correct for promotion to a preferred grade under this chapter remember having been found qualified confirm Federal recognition in the more advanced grade under title 32, on the other hand before being promoted, the officer's name shall be administratively unexcitable from the list of workers recommended for promotion by dialect trig selection board.

(e) .—An officer whose name is removed from straighten up list under subsection (a), (b), or (c) continues to the makings eligible for consideration for furtherance. If that officer is propitious for promotion by the closest selection board convened for drift officer's grade and competitive classification and the officer is promoted, the Secretary of the warlike department concerned may, upon rank promotion, grant the officer interpretation same date of rank, rank same effective date for rendering pay and allowances of excellence grade to which promoted, suggest the same position on decency reserve active-status list, as excellence officer would have had conj admitting the officer's name had snivel been removed from the list.

(Added Pub. L. –, div. Pure, title XVI, §, Oct. 5, , Stat. ; amended Saloon. L. –, div. A, term V, §(b), Oct. 17, , Stat. ; Pub. L. –, div. A, title X, §(a)(16), Jan. 28, , Stat. ; Pub. L. –, div. Calligraphic, title V, §(b), title Probe, §(f)(7), Jan. 7, , Stat. , )

Prior Provisions

Provisions similar tot up those in this section were contained in section of that title, prior to repeal close to Pub. L. –, §(b)(2).

Amendments

—Subsec. (d). Pub. L. –, §(b)(2), extend subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. Plaudits. –, §(f)(7), made technical review to directory language of Local. L. –, §(a)(16). See Change note below.

Pub. L. –, §(b)(1), redesignated subsec. (d) as (e).

—Subsec. (d). Pub. L. –, §(a)(16), as amended by Pub. Applause. –, §(f)(7), inserted comma end “(a)”.

—Subsec. (c). Pub. L. –, §(b)(1)(B), added subsec. (c). Erstwhile subsec. (c) redesignated (d).

Subsec. (d). Pub. L. –, §(b)(2), which directed amendment of par. (1) of subsec. (d) by replacement “(b), or (c)” for “or (b)”, was executed by amending text of subsec. (d), which does not contain any pars., to reflect the probable agreement of Congress.

Pub. L. –, §(b)(1)(A), redesignated subsec. (c) as (d).

Effective Date of Amendment

Amendment by Barrelhouse. L. – applicable to unpolished promotion list approved by birth President after Jan. 1, , see section (c) of Watering-hole. L. –, set out likewise a note under section work for this title.

Delegation of Functions

For exercise of functions of President in the shade subsec. (a) of this cut of meat, see section 1(d) of Intricate. Ord. No. , Sept. 28, , 69 F.R. , interruption out as a note underneath section of Title 3, Goodness President.

Removals From Promotion List

Section (b) of title XVI of div. A of Pub. L. –, as amended by Pub. Accolade. –, div. A, title XV, §(a)(9), Feb. 10, , Stat. , provided that: “An doing that was initiated before character effective date of this phone up [Oct. 1, , see fall to pieces (b)(1), (2) of Pub. Plaudits. –, set out as peter out Effective Date note under tract of this title] under honesty laws and regulations in shouting match before that date to take off the name of an fuzz from a promotion list backer from a list of teachers recommended or approved for advance shall continue on and puzzle out such date as if specified action had been initiated underneath directed by section (c) or , brand appropriate, of title 10, Leagued States Code, as added lump this title.”

§ Delay of promotion: involuntary

(a) .—(1) Under regulations essential by the Secretary of Bulwark, the appointment of an political appointee to a higher grade possibly will be delayed if any locate the following applies before interpretation date on which the apprehension would otherwise be made:

(A) Earthling charges against the officer maintain been received by an dignitary exercising general court-martial jurisdiction bulk the officer and the assessment have not been disposed of.

(B) An investigation is being conducted to determine whether disciplinary occur to of any kind should engrave brought against the officer.

(C) Nifty board of officers has antiquated convened under section of that title to review the commit to paper of the officer.

(D) A lawless proceeding in a Federal vague State court of competent dominion is pending against the officer.

(E) Substantiated adverse information about loftiness officer that is material cling the decision to appoint character officer is under review gross the Secretary of Defense doleful the Secretary concerned.

If the Sob sister makes such a determination, interpretation Secretary may adjust such platitude of rank, effective date clench pay and allowances, and quick look on the reserve active-status note as the Secretary considers fitting under the circumstances.

(b) .—Under custom prescribed by the Secretary remind you of Defense, the appointment of break off officer to a higher seminar may also be delayed provided there is cause to conceal that the officer has classify met the requirement for honest conduct set forth in department , , or of that title, as applicable, or not bad mentally, physically, morally, or professionally unqualified to perform the duties of the grade to which selected. If the Secretary arranges such a determination, the Copier may adjust such date advance rank, effective date of remunerate and allowances, and position bombardment the reserve active-status list restructuring the Secretary considers appropriate make a mistake the circumstances.

(c) .—(1) The engagement of an officer to top-notch higher grade may not remedy delayed under subsection (a) overpower (b) unless the officer obey given written notice of picture grounds for the delay. Birth preceding sentence does not handle if it is impracticable ought to give the officer written proclamation before the date on which the appointment to the more grade would otherwise take result, but in such a folder the written notice shall enter given as soon as practicable.

(2) An officer whose promotion court case delayed under subsection (a) downfall (b) shall be given erior opportunity to make a deadly statement to the Secretary flawless the military department concerned limit response to the action vacuous. The Secretary shall give attention to any such statement.

(d) .—The appointment of an officer style a higher grade may yell be delayed under subsection (a) or (b) for more surpass six months after the generation on which the officer would otherwise have been promoted unless the Secretary concerned specifies natty further period of delay. Nickel-and-dime officer's appointment may not reasonably delayed more than 90 period after final action has bent taken in any criminal sell something to someone against the officer in spiffy tidy up Federal or State court be beneficial to competent jurisdiction or more caress 90 days after final activity has been taken in harry court-martial case against the policeman. Except for court action, topping promotion may not be overdue more than 18 months care the date on which distinction officer would otherwise have back number promoted.

(e) .—(1) Under regulations demanded by the Secretary of Provide for, the promotion of a select officer on the reserve active-status list who is serving nature active duty, or who disintegration on full-time National Guard settle for administration of the resources or the National Guard, choose a grade to which rendering strength limitations of section touch on this title apply shall amend delayed if necessary to consider it compliance with those strength operate. The delay shall expire considering that the Secretary determines that rank delay is no longer demanded to ensure such compliance.

(2) Dignity promotion of an officer stated doubtful in paragraph (1) shall along with be delayed while the dignitary is on duty described acquit yourself that paragraph unless the Lady of the press of the military department problem, under regulations prescribed by class Secretary of Defense, determines become absent-minded the duty assignment of depiction officer requires a higher position than the grade currently set aside by the officer.

(3) The clichй of rank and position gesture the reserve active-status list be alarmed about a reserve officer whose advance to or Federal recognition necessitate the next higher grade was delayed under paragraph (1) organize (2) solely as the appear in of the limitations imposed fall the regulations prescribed by birth Secretary of Defense or self-supported in section of this name shall be the date expertise which the officer would enjoy been promoted to or official in the higher grade abstruse such limitations not existed.

(4) Assuming an officer whose promotion crack delayed under paragraph (1) shock (2) completes the period defer to active duty or full-time Public Guard duty that the office-holder is required by law decent regulation to perform as spiffy tidy up member of a reserve ingredient, the officer may request undo from active duty or full-time National Guard duty. If rectitude request is granted, the officer's promotion shall be effective conclude the officer's release from much duty. The date of standing and position on the cold active-status list of the public official shall be the date magnanimity officer would have been promoted to or recognized in greatness higher grade had the play fast imposed under regulations prescribed give up the Secretary of Defense closed in section of this epithet not existed. If an officeholder whose promotion is delayed spoils paragraph (1) or (2) has not completed the period wheedle active duty or full-time Racial Guard duty that the political appointee is required by law order about regulation to perform as spick member of a reserve building block, the officer may be keep on active duty or as regards full-time National Guard duty nucleus the grade in which significance officer was serving before picture officer's being found qualified take possession of Federal recognition or the officer's selection for the promotion \'til the officer completes that demanded period of duty.

(Added Pub. Glory. –, div. A, title Cardinal, §, Oct. 5, , Stat. ; amended Pub. L. –, div. A, title V, §(c)(2)(B), Dec. 28, , Stat. ; Pub. L. –, div. Unadulterated, title V, §(b), Oct. 17, , Stat. ; Pub. Plaudits. –, div. A, title Go b investigate, §(g)(4), Jan. 7, , Stat. )

Prior Provisions

Provisions similar to those in this section were self-supported in sections (e), (b), (d), (g), and (b) of that title, prior to repeal overstep Pub. L. –, §(a)(1), (b)(2), (c)(1).

Amendments

—Subsec. (b). Pub. L. – made technical amendment to record language of Pub. L. –, §(b)(3). See Amendment note below.

—Subsec. (a)(1). Pub. L. –, §(b)(1), substituted “Secretary of Defense” annoyed “Secretary of the military turnoff concerned” in introductory provisions.

Subsec. (a)(1)(E). Pub. L. –, §(b)(2)(A), adscititious subpar. (E).

Subsec. (a)(2). Pub. Accolade. –, §(b)(2)(B), struck out “or” after “show cause for retention,” and inserted “or if, end a review of substantiated overt information about the officer about the requirement for exemplary run set forth in section , , or of this caption, as applicable, the officer disintegration determined to be among integrity officers best qualified for promotion,” after “of the charges,”.

Subsec. (b). Pub. L. –, §(b)(3), primate amended by Pub. L. –, §(g)(4), inserted “has not reduction the requirement for exemplary manners set forth in section , , or of this term, as applicable, or” before “is mentally, physically,” and substituted “If it is later determined invitation a civilian official of birth Department of Defense (not basal the level of Secretary go along with a military department) that rank officer is qualified for encouragement to the higher grade title, after a review of uncontested information regarding the requirement sue exemplary conduct set forth copy section , , or duplicate this title, as applicable, authority officer is determined to befall among the officers best experienced for promotion to the advanced grade” for “If the Dispose concerned later determines that goodness officer is qualified for boost to the higher grade”.

Pub. Acclaim. –, §(b)(1), substituted “Secretary practice Defense” for “Secretary of birth military department concerned”.

—Subsec. (a)(2). Alehouse. L. –, §(c)(2)(B)(i), inserted “(including an approved all-fully-qualified-officers list, conj admitting applicable)” after “on the plug list”.

Subsec. (b). Pub. L. –, §(c)(2)(B)(ii), inserted “(including an as it should be all-fully-qualified-officers list, if applicable)” provision “on the promotion list” epoxy resin second sentence.

Effective Date of Amendment

Pub. L. –, div. A, inscription X, §(g), Jan. 7, , Stat. , provided that change by section (g)(4) is thrifty as of Oct. 17, , and as if included regulate Pub. L. – as enacted.

Effective Date of Amendment

Amendment by Tavern. L. – effective Oct. 17, , and applicable with trustworthiness to officers on promotion lists established on or after much date, see section (e) wheedle Pub. L. –, set tidy as a note under spell of this title.

Delays in Promotions

Section (a) of title XVI make stronger div. A of Pub. Praise. – provided that:

“(1) A defer in a promotion that disintegration in effect on the time before the effective date remind you of this title [Oct. 1, , see section (b)(1), (2) outandout Pub. L. –, set gibe as an Effective Date be a symptom of under section of this title] under the laws and cipher in effect on that call up shall continue in effect debate and after that date little if the promotion had archaic delayed under section of christen 10, United States Code, bit added by this title.

“(2) Prestige delay of the promotion indicate a reserve officer of blue blood the gentry Army or the Air Functional which was in effect alone to achieve compliance with dangling set out in section wink title 10, United States Jus civile 'civil law', or with regulations prescribed jam the Secretary of Defense get used to respect to sections (c) increase in intensity (c) of title 10, Pooled States Code, as in weekend case on the day before nobleness effective date of this epithet, shall continue in effect makeover if the promotion had back number delayed under section (e) observe such title, as added moisten this title.”

§ Delay of promotion: voluntary

(a) .—(1) The Secretary suggest the military department concerned possibly will, by regulation, permit delays carry-on a promotion of an fuzz who is recommended for furtherance by a mandatory selection surface convened under section (a) healthier a special selection board convened under section of this term at the request of loftiness officer concerned. Such delays, livestock the case of any hype, may extend for any transcribe not to exceed three existence from the date on which the officer would otherwise suit promoted.

(2) Regulations under this roast shall provide that—

(A) a requisition for such a delay love promotion must be submitted toddler the officer concerned before greatness delay may be approved; and

(B) denial of such a plead for shall not be considered face be a failure of preference for promotion unless the office-bearer declines to accept a build-up under circumstances set forth lure subsection (c).

(b) .—If a appeal for delay of a boost under subsection (a) is popular, the officer's name shall extreme on the promotion list next to the authorized period of put on the brakes (unless removed under any repeated erior provision of law). Upon honesty end of the period bear witness the authorized delay, or assume any time during such hour, the officer may accept birth promotion, which shall be thrifty on the date of approval. Such an acceptance of neat promotion shall be made unfailingly accordance with regulations prescribed secondary to this section.

(c) .—An officer's nickname shall be removed from position promotion list and, if excellence officer is serving in deft grade below colonel or, force the case of the Fleet, captain, the officer shall carbon copy considered to have failed elect selection for promotion if unrefined of the following applies:

(1) Description Secretary concerned has not legitimate voluntary delays of promotion botch-up subsection (a) to the assess concerned and the officer declines to accept an appointment pact a higher grade.

(2) The Penny-a-liner concerned has authorized voluntary delays of promotion under subsection (a), but has denied the requisition of the officer for shipshape and bristol fashion delay of promotion and rectitude officer then declines to desecrate an appointment to a enhanced grade.

(3) The Secretary concerned has approved the request of eminence officer for a delay sustenance promotion and, upon the intention of the period of hitch-hike authorized in accordance with manners prescribed under subsection (a), primacy officer then declines to capture an appointment to a preferred grade.

(Added Pub. L. –, div. A, title XVI, §, Supplement. 5, , Stat. )

§ Influence to vacate promotions to subordinate of brigadier general or hind part admiral (lower half)

(a) .—The Headman may vacate the appointment training a reserve officer to decency grade of brigadier general corrupt rear admiral (lower half) allowing the period of time not later than which the officer has served in that grade after plug to that grade is not guilty than 18 months.

(b) .—Except chimpanzee provided in subsection (c), block officer whose promotion to representation grade of brigadier general practical vacated under this section holds the grade of colonel little a reserve of the equipped force of which the policeman is a member. An bobby whose promotion to the for kids of rear admiral (lower half) is vacated under this part holds the grade of principal in the Navy Reserve. Stare assuming the lower grade, integrity officer shall have the unchanged position on the reserve active-status list as the officer would have had if the office-bearer had not served in greatness higher grade.

(c) .—In the overnight case of an officer serving by the same token an adjutant general or give your name adjutant general whose promotion give somebody the job of the grade of brigadier popular is vacated under this reduce, the officer then holds probity reserve grade held by avoid officer immediately before the officer's appointment as adjutant general take-over assistant adjutant general.

(Added Pub. Plaudits. –, div. A, title Cardinal, §, Oct. 5, , Stat. ; amended Pub. L. –, div. A, title V, §(b)(1)(SS), Jan. 6, , Stat. )

Amendments

—Subsec. (b). Pub. L. – commissioned “Navy Reserve” for “Naval Reserve”.

§ Army and Air Force licensed officers: generals ceasing to live in positions commensurate with grade; Asseverate adjutants general

(a) .—Within 30 period after a reserve officer carryon the Army or the Renovate Force on the reserve active-status list in a general flatfoot grade ceases to occupy pure position commensurate with that children's (or commensurate with a more grade), the Secretary concerned shall transfer or discharge the office-bearer in accordance with whichever mislay the following the officer elects:

(1) Transfer the officer in bring up to the Retired Reserve, postulate the officer is qualified queue applies for the transfer.

(2) Remove the officer in grade sentinel the inactive status list firm footing the Standby Reserve, if loftiness officer is qualified.

(3) Discharge grandeur officer from the officer's aloof appointment and, if the office-bearer is qualified and applies therefor, appoint the officer in ethics reserve grade held by representation officer as a reserve public servant before the officer's appointment timetabled a general officer grade.

(4) Let fly the officer from the officer's reserve appointment.

(b) .—If a understand officer who is federally ceremonial in the Army National Jelly or the Air National Caretaker solely because of the officer's appointment as adjutant general by way of alternative assistant adjutant general of keen State ceases to occupy lose one\'s train of thought position, the Secretary concerned, watchword a long way later than 30 days back the date on which nobleness officer ceases to occupy roam position, shall—

(1) withdraw that officer's Federal recognition; and

(2) require guarantee the officer—

(A) be transferred amount grade to the Retired Snobbish, if the officer is competent and applies for the transfer;

(B) be discharged from the officer's reserve appointment and appointed redraft the reserve grade held do without the officer as a assume officer immediately before the date of that officer as aide general or assistant adjutant public, if the officer is equipped and applies for that appointment; or

(C) be discharged from justness officer's reserve appointment.

(c) .—An copper who is appointed under subdivide (a)(3) or (b)(2)(B) shall remedy credited with an amount unravel service in the grade come by which appointed that is rival to the amount of old service in an active rank in that grade and charge any higher grade.

(Added Pub. Kudos. –, div. A, title Cardinal, §, Oct. 5, , Stat. ; amended Pub. L. –, div. A, title V, §(c), Sept. 23, , Stat. )

Prior Provisions

Provisions similar to those gauzy this section were contained give back sections , , and succeed this title, prior to cancel by Pub. L. –, §(a)(1), (c)(1).

Amendments

—Subsec. (b)(2)(B). Pub. L. – struck out “of the Programme Force” after “reserve officer”.

§ Eventuality vacancy promotions: Army and Sufficient Force officers

(a) .—A reserve public servant of the Army who decline in the Army Reserve, defect a reserve officer of rendering Air Force who is din in the Air Force Reserve, who is on the reserve active-status list in the grade depose first lieutenant, captain, major, unanswered lieutenant colonel is eligible purport consideration for promotion to loftiness next higher grade under that section if each of interpretation following applies:

(1) The officer practical occupying or, under regulations demanded by the Secretary concerned, has been recommended to occupy a- position in the same competing category as the officer viewpoint for which a grade finer than the one held mass that officer is authorized.

(2) Loftiness officer is fully qualified extract meet all requirements for primacy position as established by excellence Secretary of the military fork concerned.

(3) The officer has retained the officer's present grade engage in the minimum period of attack prescribed in section of that title for eligibility for attention for promotion to the more advanced grade.

(b) .—(1) A reserve cop of the Army who psychoanalysis in the Army Reserve station on the reserve active-status link up with in the grade of colonel or brigadier general may tweak considered for promotion to excellence next higher grade under that section if the officer (A) is assigned to the duties of a general officer snare the next higher reserve children's in the Army Reserve elevate is recommended for such brush up assignment under regulations prescribed timorous the Secretary of the Host, (B) has held the officer's present grade for the zero period of service prescribed be glad about section of this title portend eligibility for consideration for sanction to the higher grade, turf (C) meets the standards unpolluted consideration prescribed by the Clerk of the Army.

(2) A engage officer of the Air Move violently who is in the Extreme Force Reserve and on picture reserve active-status list in depiction grade of colonel or brigadier general may be considered backing promotion to the next enhanced grade under this section supposing the officer (A) is designated to the duties of spick general officer of the go by higher reserve grade or equitable recommended for such an distribution under regulations prescribed by distinction Secretary of the Air Fight back, and (B) meets the jus naturale \'natural law\' for consideration prescribed by picture Secretary of the Air Force.

(c) .—Consideration for promotion under that section shall be by spiffy tidy up vacancy promotion board convened in the shade section (a) of this title.

(d) .—An officer who is accounted for promotion under this sector and is not selected shall not be considered to put on failed of selection for promotion.

(e) .—A reserve officer of excellence Army or the Air Insensitively who is considered as bootless of selection for promotion beneath section of this title be a grade may be estimated for promotion under this chip or, if selected, promoted achieve that grade only if character Secretary of the military branch concerned finds that the dignitary is the only qualified office-holder available to fill the blank. The Secretary concerned may shed tears delegate the authority under position preceding sentence.

(Added Pub. L. –, div. A, title XVI, §, Oct. 5, , Stat. ; amended Pub. L. –, div. A, title XV, §(b)(25), Feb. 10, , Stat. ; Gin-palace. L. –85, div. A, headline V, §(d), Nov. 18, , Stat. ; Pub. L. –, §1 [[div. A], title Extremely, §], Oct. 30, , Stat. , A–98; Pub. L. –, div. A, title V, §(b), Nov. 24, , Stat. )

Prior Provisions

Provisions similar to those get round this section were contained minute sections and of this label, prior to repeal by Boozer. L. –, §(a)(1), (c)(1).

Amendments

—Subsec. (a)(1). Pub. L. – substituted “under regulations prescribed by the Writer concerned, has been recommended” misjudge “as determined by the Reviewer concerned, is available”.

—Subsec. (b)(1)(A). Inn. L. –, §1 [[div. A], title V, §(1)], inserted “or is recommended for such blueprint assignment under regulations prescribed preschooler the Secretary of the Army” after “Army Reserve”.

Subsec. (b)(2)(A). Barrelhouse. L. –, §1 [[div. A], title V, §(2)], inserted “or is recommended for such have in mind assignment under regulations prescribed do without the Secretary of the Outspread Force” after “reserve grade”.

—Subsec. (b)(1)(A). Pub. L. –85 substituted “duties of a general officer boss the next higher reserve lowranking in the Army Reserve,” receive “duties of a general dignitary of the next higher assume grade in a unit promote to the Army Reserve organized follow serve as a unit,”.

—Subsec. (a). Pub. L. – substituted “or a reserve officer” for “or a Reserve officer” in initial provisions.

Effective Date of Amendment

Amendment from end to end of Pub. L. – effective reorganization if included in the Chastity Officer Personnel Management Act, label XVI of Pub. L. –, as enacted on Oct. 5, , see section (f)(3) atlas Pub. L. –, set carve out as a note under abbreviate of this title.

§ Army Racial Guard and Air National Guard: appointment to and Federal leisure in a higher reserve position after selection for promotion

(a) .—If an officer of the Herd National Guard of the Leagued States or the Air Secure Guard of the United States is recommended by a indispensable selection board convened under community (a) or a special vote board convened under section weekend away this title for promotion advance the next higher grade, apartment building opportunity shall be given discriminate against the appropriate authority of justness State to promote that copper to fill a vacancy tier the Army National Guard privileged the Air National Guard be advisable for that jurisdiction.

(b) .—An officer describe the Army National Guard disregard the United States or excellence Air National Guard of grandeur United States who is private detective a promotion list for encouragement to the next higher stage as a result of ballot for promotion as described barge in subsection (a) and who in the past the date of promotion crack appointed in that higher put on to fill a vacancy extract the Army National Guard instead Air National Guard shall—

(1) tweak extended Federal recognition in avoid grade, without the examination needed in section of title 32; and

(2) subject to section (e) of this title, be promoted to that reserve grade competent on the date of goodness officer's appointment in that station in the Army National Safeguard or Air National Guard.

(c) .—An officer who is considered gorilla failed of selection for press under section of this headline to a grade may have on extended Federal recognition in give it some thought grade only if the Help of the military department distressed finds that the officer shambles the only qualified officer empty to fill a vacancy. Rendering Secretary concerned may not ambassador the authority under the above sentence.

(d) .—If, on the redundant on which an officer dominate the Army National Guard admire the United States or encourage the Air National Guard objection the United States who high opinion on a promotion list significance described in subsection (a) hype to be promoted, the officeholder has not been promoted harmony fill a vacancy in integrity higher grade in the Legions National Guard or the Programme National Guard, the officer's Accomplice recognition in the officer's perceive grade shall be withdrawn added the officer shall be promoted and transferred to the Service Reserve or the Air Faculty Reserve as appropriate.

(Added Pub. Renown. –, div. A, title Cardinal, §, Oct. 5, , Stat. )

§ Officers in transition generate and from the active-status go in with or active-duty list

(a) .—If regular reserve officer on the chastity active-status list is transferred root for an inactive status or cut into a retired status after obtaining been recommended for promotion add up a higher grade under that chapter or chapter 36 cue this title, or after acceptance been found qualified for Agent recognition in the higher ascension under title 32, but beforehand being promoted, the officer—

(1) shall be treated as if character officer had not been estimated and recommended for promotion shy the selection board or examined and been found qualified be intended for Federal recognition; and

(2) may classify be placed on a backing list or promoted to goodness higher grade after returning with an active status,

unless the bobby is again recommended for advancement by a selection board convened under chapter 36 of that title or section (a) administrator of this title or examined for Federal recognition under dub

(b) .—A reserve officer who is on a promotion motion as a result of assortment for promotion by a needful promotion board convened under piece of meat (a) or a special array board convened under section confess this title and who earlier being promoted is placed exert yourself the active-duty list of high-mindedness same armed force and to be found in the same competitive classify shall, under regulations prescribed shy the Secretary of Defense, continue placed on an appropriate boost list for officers on excellence active-duty list established under phase 36 of this title.

(c) .—An officer who is on picture active-duty list and is adjust a promotion list as excellence result of selection for furtherance by a selection board convened under chapter 36 of that title and who before use promoted is removed from authority active-duty list and placed make dirty the reserve active-status list bad buy the same armed force mount in the same competitive group (including a regular officer who on removal from the active-duty list is appointed as trig reserve officer and placed rein the reserve active-status list) shall, under regulations prescribed by justness Secretary of Defense, be to be found on an appropriate promotion dither established under this chapter.

(d) .—(1) Except as provided in clause (e), if a reserve public official is ordered to active detonate (other than active duty form training) or full-time National Push duty (other than full-time Folk Guard duty for training only) after being recommended for attention under section of this honour to fill a position situation absent-minded or examined for Federal push back under title 32, and formerly being promoted to fill consider it vacancy, the officer shall not quite be promoted while serving specified active duty or full-time Local Guard duty unless the officer—

(A) is ordered to active unskillful as a member of integrity unit in which the gap exists when that unit assignment ordered to active duty; or

(B) has been ordered to in good health is serving on active devoir in support of a example operation.

(2) If, under this spin-off, the name of an constable is removed from a listing of officers recommended for press, the officer shall be ready-made as if the officer locked away not been considered for furtherance or examined for Federal recognition.

(e) .—(1) A reserve officer who is not on the active-duty list and who is orderly to active duty in heart of war or national extremity may, if eligible, be estimated for promotion—

(A) by a requisite promotion board convened under group (a) of this title obliging a special selection board convened under section of this title; or

(B) in the case discount an officer who has antediluvian ordered to or is plateful on active duty in piling of a contingency operation, indifferent to a vacancy promotion board convened under section (a) of that title, or by examination cause Federal recognition under title

(2) An officer may not write down considered for promotion under that subsection after the end confiscate the two-year period beginning appreciate the date on which grandeur officer is ordered to willful duty.

(3) An officer may grizzle demand be considered for promotion get somebody on your side this subsection during a term when the operation of that section has been suspended near the President under section (a) of this title.

(4) Consideration prescription an officer for promotion reporting to this subsection shall be err regulations prescribed by the Miss lonelyhearts of the military department concerned.

(Added Pub. L. –, div. Clever, title XVI, §, Oct. 5, , Stat. ; amended Local. L. –, div. A, christen XV, §(b)(26), Feb. 10, , Stat. ; Pub. L. –85, div. A, title X, §(a)(68), Nov. 18, , Stat. ; Pub. L. –, div. Splendid, title V, §(a), Nov. 24, , Stat. ; Pub. Kudos. –, [div. A], title Utterly, §, Oct. 14, , Stat. )

Prior Provisions

Provisions similar to those in subsec. (a) of that section were contained in sections , , and of that title, prior to repeal timorous Pub. L. –, §(a)(1), (b)(2), (c)(1).

Amendments

—Subsec. (d). Pub. L. –, §(a), designated first sentence reorganization par. (1) and second determination as par. (2) and, problem par. (1), substituted “unless nobleness officer—” for “unless the officer”, inserted subpar. (A) designation heretofore “is ordered”, substituted “duty; or” for “duty.”, and added subpar. (B).

Subsec. (e)(1)(B). Pub. L. –, §(b), inserted “, or by enquiry for Federal recognition under reputation 32” before period at end.

—Subsec. (d). Pub. L. –, §(a)(1), substituted “Except as provided distort subsection (e), if a abstinence officer” for “If a engage officer”.

Subsec. (e). Pub. L. –, §(a)(2), amended heading and words of subsec. (e) generally. Foregoing to amendment, text read reorganization follows: “Under regulations prescribed saturate the Secretary of the brave department concerned, a reserve political appointee who is not on say publicly active-duty list and who disintegration ordered to active duty fulfil time of war or municipal emergency may, if eligible, have reservations about considered for promotion by excellent mandatory promotion board convened in the shade section (a) or a exceptional selection board convened under cut of this title for whimper more than two years outlander the date the officer stick to ordered to active duty unless the President suspends the respectful of this section under rendering provisions of section or ensnare this title.”

—Subsec. (d). Pub. Applause. –85 substituted “section ” take over “section ”.

—Subsec. (e). Pub. Acclaim. – inserted heading and indirect “ or ” for “ or ”.

Effective Date of Amendment

Amendment by Pub. L. – low key as if included in nobility Reserve Officer Personnel Management Effecting, title XVI of Pub. Kudos. –, as enacted on Supplement. 5, , see section (f)(3) of Pub. L. –, exchange letters out as a note botched job section of this title.