‘‘(6)(A) Before information described in paragraph
(2)(B) regarding an eligible officer is furnished to a selec-
tion board, the Secretary of the military department con-
cerned shall ensure—
‘‘(i) that such information is made available to
such officer; and
‘‘(ii) that the officer is afforded a reasonable
opportunity to submit comments on that information
to the promotion board.
‘‘(B) If an officer cannot be given access to the infor-
mation referred to in subparagraph (A) because of its clas-
sification status, the officer shall, to the maximum extent
practicable, be furnished an appropriate summary of the
information.
‘‘(b) INFORMATION TO BE FURNISHED.—The Sec-
retary of the military department concerned shall furnish
to a promotion board convened under section 14101(a) of
this title the following:
‘‘(1) In the case of a mandatory promotion
board, the maximum number (as determined in ac-
cordance with section 14307 of this title) of officers
in each competitive category under consideration
that the board is authorized to recommend for pro-
motion to the next higher grade.
‘‘(2) The name of each officer in each competi-
tive category under consideration who is to be con-
sidered by the board for promotion.
‘‘(3) The pertinent records (as determined by
the Secretary) of each officer whose name is fur-
nished to the board.
‘‘(4) Information or guidelines relating to the
needs of the armed force concerned for officers hav-
ing particular skills, including (except in the case of
a vacancy promotion board) guidelines or informa-
tion relating to either a minimum number or a maxi-
mum number of officers with particular skills within
a competitive category.
‘‘(5) Such other information or guidelines as
the Secretary concerned may determine to be nec-
essary to enable the board to perform its functions.
‘‘(c) LIMITATION ON MODIFYING FURNISHED INFOR-
MATION.—Information or guidelines furnished to a selec-
tion board under subsection (a) may not be modified, with-
drawn, or supplemented after the board submits its report
to the Secretary of the military department concerned pur-
suant to section 14109(a) of this title. However, in the
case of a report returned to a board pursuant to section
14110(a) of this title for further proceedings because of
a determination by the Secretary of the military depart-
ment concerned that the board acted contrary to law, reg-
ulation, or guidelines, the Secretary may modify, with-
draw, or supplement such information or guidelines as
part of a written explanation to the board as provided in
that section.
‘‘(d) OFFICERS IN HEALTH-PROFESSIONS COMPETI-
TIVE CATEGORIES.—The Secretary of each military de-
partment, under uniform regulations prescribed by the
Secretary of Defense, shall include in guidelines furnished
to a promotion board convened under section 14101(a) of
this title that is considering officers in a health-professions
competitive category for promotion to a grade below colo-
nel or, in the case of officers of the Naval Reserve, cap-
tain, a direction that the board give consideration to an
officer’s clinical proficiency and skill as a health profes-
sional to at least as great an extent as the board gives
to the officer’s administrative and management skills.
‘‘§ 14108. Recommendations by promotion boards
‘‘(a) RECOMMENDATION OF BEST QUALIFIED OFFI-
CERS.—A promotion board convened under section
14101(a) of this title shall recommend for promotion to
the next higher grade those officers considered by the
board whom the board considers best qualified for pro-
motion within each competitive category considered by the
board or, in the case of a vacancy promotion board, among
those officers considered to fill a vacancy. In determining
those officers who are best qualified for promotion, the
board shall give due consideration to the needs of the
armed force concerned for officers with particular skills
(as noted in the guidelines or information furnished the
board under sections 14107 of this title).
‘‘(b) MAJORITY REQUIRED.—A promotion board con-
vened under section 14101(a) of this title may not rec-
ommend an officer for promotion unless—
‘‘(1) the officer receives the recommendation of
a majority of the members of the board; and
‘‘(2) a majority of the members of the board
finds that the officer is fully qualified for promotion.
‘‘(c) BOARD RECOMMENDATION REQUIRED FOR PRO-
MOTION.—Except as otherwise provided by law, an officer
on the reserve active-status list may not be promoted to
a higher grade under chapter 1405 of this title unless the
officer is considered and recommended for promotion to
that grade by a promotion board convened under section
14101(a) of this title (or by a special selection board con-
vened under section 14502 of this title).
‘‘(d) DISCLOSURE OF BOARD RECOMMENDATIONS.—
The recommendations of a promotion board may be dis-
closed only in accordance with regulations prescribed by
the Secretary of Defense. Those recommendations may
not be disclosed to a person not a member of the board
(or a member of the administrative staff designated by
the Secretary concerned to assist the board) until the writ-
ten report of the recommendations of the board, required
by section 14109 of this title, is signed by each member
of the board.
‘‘(e) PROHIBITION OF COERCION AND UNAUTHOR-
IZED INFLUENCE OF ACTIONS OF BOARD MEMBERS.—
The Secretary convening a promotion board under section
14101(a) of this title, and an officer or other official exer-
cising authority over any member of a selection board,
may not—
‘‘(1) censure, reprimand, or admonish the selec-
tion board or any member of the board with respect
to the recommendations of the board or the exercise
of any lawful function within the authorized discre-
tion of the board; or
‘‘(2) attempt to coerce or, by any unauthorized
means, influence any action of a promotion board or
any member of a promotion board in the formulation
of the board’s recommendations.
‘‘§ 14109. Reports of promotion boards: in general
‘‘(a) REPORT
OF OFFICERS RECOMMENDED
FOR
PROMOTION.—Each promotion board convened under sec-
tion 14101(a) of this title shall submit to the Secretary
of the military department concerned a report in writing
containing a list of the names of the officers recommended
by the board for promotion. The report shall be signed
by each member of the board.
‘‘(b) CERTIFICATION.—Each report under subsection
(a) shall include a certification—
‘‘(1) that the board has carefully considered the
record of each officer whose name was furnished to
the board; and
‘‘(2) that, in the case of a promotion board con-
vened under section 14101(a) of this title, in the
opinion of a majority of the members of the board,
the officers recommended for promotion by the
board are best qualified for promotion to meet the
needs of the armed force concerned (as noted in the
guidelines or information furnished the board under
section 14107 of this title) among those officers
whose names were furnished to the selection board.
‘‘(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A pro-
motion board convened under section 14101(a) of this title
shall include in its report to the Secretary concerned the
name of any reserve officer before it for consideration for
promotion whose record, in the opinion of a majority of
the members of the board, indicates that the officer should
be required to show cause for retention in an active status.
‘‘(2) If such a report names an officer as having a
record which indicates that the officer should be required
to show cause for retention, the Secretary concerned may
provide for the review of the record of that officer as pro-
vided under regulations prescribed under section 14902 of
this title.
‘‘§ 14110. Reports of promotion boards: review by Sec-
retary
‘‘(a) REVIEW OF REPORT.—Upon receipt of the re-
port of a promotion board submitted under section
14109(a) of this title, the Secretary of the military depart-
ment concerned shall review the report to determine
whether the board has acted contrary to law or regulation
or to guidelines furnished the board under section
14107(a) of this title. Following that review, unless the
Secretary concerned makes a determination as described
in subsection (b), the Secretary shall submit the report
as required by section 14111 of this title.
‘‘(b) RETURN OF REPORT FOR FURTHER PROCEED-
INGS.—If, on the basis of a review of the report under
subsection (a), the Secretary of the military department
concerned determines that the board acted contrary to law
or regulation or to guidelines furnished the board under
section 14107(a) of this title, the Secretary shall return
the report, together with a written explanation of the basis
for such determination, to the board for further proceed-
ings. Upon receipt of a report returned by the Secretary
concerned under this subsection, the selection board (or
a subsequent selection board convened under section
14101(a) of this title for the same grade and competitive
category) shall conduct such proceedings as may be nec-
essary in order to revise the report to be consistent with
law, regulation, and such guidelines and shall resubmit the
report, as revised, to the Secretary in accordance with sec-
tion 14109 of this title.
‘‘§ 14111. Reports of selection boards: transmittal to
President
‘‘(a) TRANSMITTAL TO PRESIDENT.—The Secretary
concerned, after final review of the report of a selection
board under section 14110 of this title, shall submit the
report with the Secretary’s recommendations, to the Sec-
retary of Defense for transmittal by the Secretary to the
President for approval or disapproval. If the authority of
the President to approve or disapprove the report of a pro-
motion board is delegated to the Secretary of Defense,
that authority may not be redelegated except to an official
in the Office of the Secretary of Defense.
‘‘(b) REMOVAL OF NAME FROM BOARD REPORT.—
The name of an officer recommended for promotion by
a selection board may be removed from the report of the
selection board only by the President.
‘‘(c) RECOMMENDATIONS
FOR REMOVAL
OF SE-
LECTED OFFICERS FROM REPORT.—If the Secretary of
a military department or the Secretary of Defense makes
a recommendation under this section that the name of an
officer be removed from the report of a promotion board
and the recommendation is accompanied by information
that was not presented to that promotion board, that in-
formation shall be made available to that officer. The offi-
cer shall then be afforded a reasonable opportunity to sub-
mit comments on that information to the officials making
the recommendation and the officials reviewing the rec-
ommendation. If an eligible officer cannot be given access
to such information because of its classification status, the
officer shall, to the maximum extent practicable, be pro-
vided with an appropriate summary of the information.
‘‘§ 14112. Dissemination of names of officers selected
‘‘Upon approval by the President of the report of a
promotion board, the names of the officers recommended
for promotion by the promotion board (other than any
name removed by the President) may be disseminated to
the armed force concerned. If those names have not been
sooner disseminated, those names (other than the name
of any officer whose promotion the Senate failed to con-
firm) shall be promptly disseminated to the armed force
concerned upon confirmation by the Senate.
‘‘CHAPTER 1405—PROMOTIONS
‘‘Sec.
‘‘14301. Eligibility for consideration for promotion: general rules.
‘‘14302. Promotion zones.
‘‘14303. Eligibility for consideration for promotion: minimum years of service
in grade.
‘‘14304. Eligibility for consideration for promotion: maximum years of service
in grade.
‘‘14305. Establishment of promotion zones: mandatory consideration for pro-
motion.
‘‘14306. Establishment of promotion zones: Naval Reserve and Marine Corps
Reserve running mate system.
‘‘14307. Numbers of officers to be recommended for promotion.
‘‘14308. Promotions: how made.
‘‘14309. Acceptance of promotion: oath of office.
‘‘14310. Removal of officers from a list of officers recommended for promotion.
‘‘14311. Delay of promotion: involuntary.
‘‘14312. Delay of promotion: voluntary.
‘‘14313. Authority to vacate promotions to grade of brigadier general or rear
admiral (lower half).
‘‘14314. Army and Air Force commissioned officers: generals ceasing to occupy
positions commensurate with grade; state adjutants general.
‘‘14315. Position vacancy promotions: Army and Air Force officers.
‘‘14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve grade after selection for
promotion.
‘‘14317. Officers in transition to and from the active-status list or active-duty
list.
‘‘§ 14301. Eligibility for consideration for promotion:
general rules
‘‘(a) ONE-YEAR RULE.—An officer is eligible under
this chapter for consideration for promotion by a pro-
motion board convened under section 14101(a) of this title
only if—
‘‘(1) the officer is on the reserve active-status
list of the Army, Navy, Air Force, or Marine Corps;
and
‘‘(2) during the one-year period ending on the
date of the convening of the promotion board the of-
ficer has continuously performed service on either
the reserve active-status list or the active-duty list
(or on a combination of both lists).
‘‘(b) REQUIREMENT FOR CONSIDERATION OF ALL
OFFICERS IN AND ABOVE THE ZONE.—Whenever a pro-
motion board (other than a vacancy promotion board) is
convened under section 14101(a) of this title for consider-
ation of officers in a competitive category who are eligible
under this chapter for consideration for promotion to the
next higher grade, each officer in the promotion zone, and
each officer above the promotion zone, for that grade and
competitive category shall be considered for promotion.
‘‘(c) PREVIOUSLY SELECTED OFFICERS NOT ELIGI-
BLE TO BE CONSIDERED.—A promotion board convened
under section 14101(a) of this title may not consider for
promotion to the next higher grade—
‘‘(1) an officer whose name is on a promotion
list for that grade as a result of recommendation for
promotion to that grade by an earlier selection board
convened under that section or section 14502 of this
title or under chapter 36 of this title;
‘‘(2) an officer who has been approved for Fed-
eral recognition by a board convened under section
307 of title 32 and nominated by the President for
promotion to the next higher grade as a reserve of
the Army or of the Air Force as the case may be;
or
‘‘(3) an officer who has been nominated by the
President for promotion to the next higher grade
under any other provision of law.
‘‘(d) OFFICERS BELOW THE ZONE.—The Secretary
of the military department concerned may, by regulation,
prescribe procedures to limit the officers to be considered
by a selection board from below the promotion zone to
those officers who are determined to be exceptionally well
qualified for promotion. The regulations shall include cri-
teria for determining which officers below the promotion
zone are exceptionally well qualified for promotion.
‘‘(e) RESERVE OFFICERS OF THE ARMY; CONSIDER-
ATION
FOR BRIGADIER GENERAL
AND MAJOR GEN-
ERAL.—In the case of officers of the Army, if the Sec-
retary of the Army determines that vacancies are author-
ized or anticipated in the reserve grades of major general
or brigadier general for officers who are on the reserve
active-status list and who are not assigned to units orga-
nized to serve as a unit and the Secretary convenes a man-
datory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such vacan-
cies, the Secretary may limit the officers to be considered
by that board to those determined to be exceptionally well
qualified for promotion under such criteria and procedures
as the Secretary may by regulation prescribe.
‘‘(f) CERTAIN RESERVE OFFICERS
OF
THE AIR
FORCE.—A reserve officer of the Air Force who (1) is in
the Air National Guard of the United States and holds
the grade of lieutenant colonel, colonel, or brigadier gen-
eral, or (2) is in the Air Force Reserve and holds the grade
of colonel or brigadier general, is not eligible for consider-
ation for promotion by a mandatory promotion board con-
vened under section 14101(a) of this title.
‘‘(g) NONCONSIDERATION OF OFFICERS SCHEDULED
FOR REMOVAL FROM RESERVE ACTIVE-STATUS LIST.—
The Secretary of the military department concerned may,
by regulation, provide for the exclusion from consideration
for promotion by a promotion board of any officer other-
wise eligible to be considered by the board who has an
established date for removal from the reserve active-status
list that is not more than 90 days after the date on which
the selection board for which the officer would otherwise
be eligible is to be convened.
‘‘§ 14302. Promotion zones
‘‘(a) PROMOTION ZONES GENERALLY.—For purposes
of this chapter, a promotion zone is an eligibility category
for the consideration of officers by a mandatory promotion
board. A promotion zone consists of those officers on the
reserve active-status list who are in the same grade and
competitive category and who meet the requirements of
both paragraphs (1) and (2) or the requirements of para-
graph (3), as follows:
‘‘(1)(A) In the case of officers in grades below
colonel, for reserve officers of the Army, Air Force,
and Marine Corps, or captain, for officers of the
Naval Reserve, those who have neither (i) failed of
selection for promotion to the next higher grade, nor
(ii) been removed from a list of officers rec-
ommended for promotion to that grade.
‘‘(B) In the case of officers in the grade of colo-
nel or brigadier general, for reserve officers of the
Army and Marine Corps, or in the grade of captain
or rear admiral (lower half), for reserve officers of
the Navy, those who have neither (i) been rec-
ommended for promotion to the next higher grade
when considered in the promotion zone, nor (ii) been
removed from a list of officers recommended for pro-
motion to that grade.
‘‘(2) Those officers who are senior to the officer
designated by the Secretary of the military depart-
ment concerned to be the junior officer in the pro-
motion zone eligible for consideration for promotion
to the next higher grade and the officer so des-
ignated.
‘‘(3) Those officers who—
‘‘(A) have been selected from below the
zone for promotion to the next higher grade or
by a vacancy promotion board, but whose
names were removed from the list of officers
recommended for promotion to that next higher
grade resulting from that selection;
‘‘(B) have not failed of selection for pro-
motion to that next higher grade; and
‘‘(C) are senior to the officer designated by
the Secretary of the military department con-
cerned to be the junior officer in the promotion
zone eligible for consideration for promotion
to that next higher grade and the officer so
designated.
‘‘(b) OFFICERS ABOVE THE ZONE.—Officers on the
reserve active-status list are considered to be above the
promotion zone for a grade and competitive category if
they—
‘‘(1) are eligible for consideration for promotion
to the next higher grade;
‘‘(2) are in the same grade as those officers in
the promotion zone for that competitive category;
and
‘‘(3) are senior to the senior officer in the pro-
motion zone for that competitive category.
‘‘(c) OFFICERS BELOW THE ZONE.—Officers on the
reserve active-status list are considered to be below the
promotion zone for a grade and competitive category if
they—
‘‘(1) are eligible for consideration for promotion
to the next higher grade;
‘‘(2) are in the same grade as those officers in
the promotion zone for that competitive category;
and
‘‘(3) are junior to the junior officer in the pro-
motion zone for that competitive category.
‘‘§ 14303. Eligibility for consideration for promotion:
minimum years of service in grade
‘‘(a) OFFICERS IN PAY GRADES O–1 AND O–2.—An
officer who is on the reserve active-status list of the Army,
Navy, Air Force, or Marine Corps and holds a permanent
appointment in the grade of second lieutenant or first lieu-
tenant as a reserve officer of the Army, Air Force, or Ma-
rine Corps, or in the grade of ensign or lieutenant (junior
grade) as a reserve officer of the Navy, may not be pro-
moted to the next higher grade, or granted Federal rec-
ognition in that grade, until the officer has completed the
following years of service in grade:
‘‘(1) Eighteen months, in the case of an officer
holding a permanent appointment in the grade of
second lieutenant or ensign.
‘‘(2) Two years, in the case of an officer hold-
ing a permanent appointment in the grade of first
lieutenant or lieutenant (junior grade).
‘‘(b) OFFICERS IN PAY GRADES O–3 AND ABOVE.—
Subject to subsection (d), an officer who is on the reserve
active-status list of the Army, Air Force, or Marine Corps
and holds a permanent appointment in a grade above first
lieutenant, or who is on the reserve active-status list of
the Navy in a grade above lieutenant (junior grade), may
not be considered for selection for promotion to the next
higher grade, or examined for Federal recognition in the
next higher grade, until the officer has completed the fol-
lowing years of service in grade:
‘‘(1) Three years, in the case of an officer of
the Army, Air Force, or Marine Corps holding a per-
manent appointment in the grade of captain, major,
or lieutenant colonel or in the case of a reserve of-
ficer of the Navy holding a permanent appoint-
ment
in the grade of lieutenant, lieutenant com-
mander, or commander.
‘‘(2) One year, in the case of an officer of the
Army, Air Force, or Marine Corps holding a perma-
nent appointment in the grade of colonel or briga-
dier general or in the case of a reserve officer of the
Navy holding a permanent appointment in the grade
of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or
assistant adjutant general of a State or to an appointment
in a higher grade which is based upon a specific provision
of law.
‘‘(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD
IN GRADE.—The Secretary concerned may prescribe a pe-
riod of service in grade for eligibility for promotion, in the
case of officers to whom subsection (a) applies, or for eligi-
bility for consideration for promotion, in the case of offi-
cers to whom subsection (b) applies, that is longer than
the applicable period specified in that subsection.
‘‘(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE
CONSIDERATIONS.—Subject to section 14307(b) of this
title, the Secretary of the military department concerned
may waive subsection (b) to the extent necessary to ensure
that officers described in paragraph (1) of that subsection
have at least two opportunities for consideration for pro-
motion to the next higher grade as officers below the pro-
motion zone.
‘‘§ 14304. Eligibility for consideration for promotion:
maximum years of service in grade
‘‘(a) CONSIDERATION
FOR
PROMOTION
WITHIN
SPECIFIED TIMES.—(1) Officers described in paragraph
(3) shall be placed in the promotion zone for that officer’s
grade and competitive category, and shall be considered
for promotion to the next higher grade by a promotion
board convened 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 promotion, the promotion may be ef-
fective on or before the date on which the officer will com-
plete those years of service.
Maximum years of
‘‘Current Grade
service in grade
‘‘First lieutenant or Lieutenant (junior grade) ................
5 years
‘‘Captain or Navy Lieutenant ...........................................
7 years
‘‘Major or Lieutenant commander ....................................
7 years
‘‘(2) Paragraph (1) is subject to subsections (a), (b),
and (c) of section 14301 of this title and applies 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 officer on the reserve active-status list of the Navy in
the grade of lieutenant (junior grade), lieutenant, or lieu-
tenant commander as a reserve of the Navy, and who,
while holding that appointment, 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 subsection (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 established
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
completes the maximum years of service in grade specified
in subsection (a). The preceding sentence 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 officers on the re-
serve 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
requirements of subsection (a) to the extent the Secretary
considers necessary in any case in which the years of serv-
ice for promotion, or for consideration for promotion,
within those zones will exceed the maximum years of serv-
ice in grade specified in subsection (a).
‘‘§ 14305. Establishment of promotion zones: manda-
tory consideration for promotion
‘‘(a) ESTABLISHMENT OF ZONE.—Before convening
a mandatory promotion board under section 14101(a) of
this title, the Secretary of the military department con-
cerned 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 pro-
motion zone for officers serving in any grade and competi-
tive category from among officers who are eligible for pro-
motion in that grade and competitive category under the
provisions 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 fol-
lowing:
‘‘(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 maxi-
mum years of in grade criteria established in section
14304 of this title apply, the number of officers in
that competitive category who are required to be
considered for selection 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 promotion.
‘‘§ 14306. Establishment of promotion zones: Naval
Reserve and Marine Corps Reserve run-
ning mate system
‘‘(a) AUTHORITY OF SECRETARY OF THE NAVY.—
The Secretary of the Navy may by regulation implement
section 14305 of this title by requiring that the promotion
zone for consideration of officers on the reserve active-sta-
tus 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 subsection (b).
‘‘(b) ASSIGNMENT OF RUNNING MATES.—An officer
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 active-status list is in the promotion zone and
is eligible for consideration for promotion to the next high-
er grade by a selection board convened under section
14101(a) of this title when that officer’s running mate is
in or above the promotion zone established for that offi-
cer’s grade under chapter 36 of this title.
‘‘(c) CONSIDERATION
OF OFFICERS BELOW
THE
ZONE UNDER A RUNNING MATE SYSTEM.—If the Sec-
retary of the Navy authorizes the selection of officers for
promotion from below the promotion zone in accordance
with section 14307 of this title, the number of officers to
be considered from below the zone may be established
through the application of the running mate system or
otherwise as the Secretary determines to be appropriate
to meet the needs of the Navy or Marine Corps.
‘‘§ 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 department concerned, under regulations pre-
scribed by the Secretary of Defense, shall determine the
maximum number of officers in that grade and competi-
tive category that the board may recommend for pro-
motion. 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 reserve ac-
tive-status list a sufficient number of officers 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 determination, the Secretary shall determine
(1) the number of positions needed to accomplish mission
objectives which require officers of such competitive cat-
egory in the grade to which the board will recommend offi-
cers 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 pro-
motion will be promoted, (3) the number of officers au-
thorized by the Secretary of the military department con-
cerned to serve on the reserve active-status list in the
grade and competitive category under consideration, and
(4) any statutory limitation on the number of officers 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 concerned require, authorize
the consideration of officers in the grade of captain, major,
or lieutenant 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 ac-
tive-status list of the Navy, for promotion to the next high-
er 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 recommended for promotion from
below the promotion 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 competitive category, except that the Secretary of
Defense 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 Sec-
retary of Defense determines that the needs of the armed
force concerned so require. If the maximum number deter-
mined under this paragraph is less than one, the board
may recommend one officer for promotion from below the
promotion zone.
‘‘(3) The number of officers recommended for pro-
motion from below the promotion zone does not increase
the maximum number of officers that the board is author-
ized to recommend for promotion under subsection (a).
‘‘§ 14308. Promotions: how made
‘‘(a) PROMOTION LIST.—When the report of a selec-
tion board convened under section 14101(a) or 14502 of
this title is approved by the President, the Secretary of
the military department concerned shall place the names
of all officers selected for promotion within a competitive
category on a single list for that competitive category, to
be known as a promotion list, in the order of seniority
of those officers on the reserve active-status list.
‘‘(b) PROMOTION; HOW MADE; ORDER.—(1) Officers
on a promotion list for a competitive category shall be pro-
moted in the manner specified in section 12203 of this
title.
‘‘(2) Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary
of the military department concerned. Except as provided
in section 14311, 14312, or 14502(e) of this title or in
subsection (d) or (e), promotions shall be made in the
order in which the names of officers appear on the pro-
motion list and after officers previously selected for pro-
motion in that competitive category have been promoted.
‘‘(3) Officers to be promoted to the grade of first lieu-
tenant or lieutenant (junior grade) shall be promoted in
accordance with regulations prescribed by the Secretary
of the military department concerned.
‘‘(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) Except as 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 eli-
gible for promotion under chapter 36 of this title. The ef-
fective 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 promoted.
‘‘(e) ARMY RESERVE AND AIR FORCE RESERVE PRO-
MOTIONS TO FILL VACANCIES.—Subject to this section
and to section 14311(e) of this title, and under regulations
prescribed by the Secretary 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 mandatory 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 position to which the officer is as-
signed; and
‘‘(2) 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 vacancy promotion
board convened under section 14101(a) of this title
may be promoted at any time to fill the vacancy for
which the officer was selected.
‘‘(f) EFFECTIVE DATE OF PROMOTION AFTER FED-
ERAL RECOGNITION.—The effective date of a promotion
of a reserve commissioned officer of the Army or the Air
Force who is extended Federal recognition in the next
higher grade in the Army National Guard or the Air Na-
tional Guard under section 307 or 310 of title 32 shall
be the date on which such Federal recognition in that
grade is so extended.
‘‘(g) ARMY AND AIR FORCE GENERAL OFFICER PRO-
MOTIONS.—A reserve officer of the Army who is on a pro-
motion list for promotion to the grade of brigadier general
or major general as a result of selection by a vacancy pro-
motion board may be promoted to that grade only to fill
a vacancy in that grade in a unit of the Army Reserve
that is organized to serve as a unit and that has attained
the strength prescribed by the Secretary of the Army. A
reserve officer of the Air Force who is on a promotion
list for promotion to the grade of brigadier general or
major general as a result of selection by a vacancy pro-
motion board may be promoted to that grade only to fill
a vacancy in the Air Force Reserve in that grade.
‘‘§ 14309. Acceptance of promotion; oath of office
‘‘(a) ACCEPTANCE.—An officer who is appointed to
a higher grade under this chapter shall be considered to
have accepted the appointment on the date on which the
appointment is made unless the officer expressly declines
the appointment or is granted a delay of promotion under
section 14312 of this title.
‘‘(b) OATH.—An officer who has served continuously
since taking the oath of office prescribed in section 3331
of title 5 is not required to take a new oath upon appoint-
ment to a higher grade under this chapter.
‘‘§ 14310. Removal of officers from a list of officers
recommended for promotion
‘‘(a) REMOVAL BY PRESIDENT.—The President may
remove the name of any officer from a promotion list at
any time before the date on which the officer is promoted.
‘‘(b) REMOVAL FOR WITHHOLDING OF SENATE AD-
VICE AND CONSENT.—If the Senate does not give its ad-
vice and consent to the appointment to the next higher
grade of an officer whose name is on a list of officers ap-
proved by the President for promotion (except in the case
of promotions to a reserve grade to which appointments
may be made by the President alone), the name of that
officer shall be removed from the list.
‘‘(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An
officer whose name is removed from a list under sub-
section (a) or (b) continues to be eligible for consideration
for promotion. If that officer is recommended for pro-
motion by the next selection board convened for that offi-
cer’s grade and competitive category and the officer is pro-
moted, the Secretary of the military department concerned
may, upon the promotion, grant the officer the same date
of rank, the same effective date for the pay and allowances
of the grade to which promoted, and the same position
on the reserve active-status list, as the officer would have
had if the officer’s name had not been removed from the
list.
‘‘§ 14311. Delay of promotion: involuntary
‘‘(a) DELAY DURING INVESTIGATIONS
AND PRO-
CEEDINGS.—(1) Under regulations prescribed by the Sec-
retary of the military department concerned, the appoint-
ment of an officer to a higher grade may be delayed if
any of the following applies before the date on which the
appointment would otherwise be made:
‘‘(A) Sworn charges against the officer have
been received by an officer exercising general court-
martial jurisdiction over the officer and the charges
have not been disposed of.
‘‘(B) An investigation is being conducted to de-
termine whether disciplinary action of any kind
should be brought against the officer.
‘‘(C) A board of officers has been convened
under section 14903 of this title to review the record
of the officer.
‘‘(D) A criminal proceeding in a Federal or
State court of competent jurisdiction is pending
against the officer.
‘‘(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn
or dismissed, if the officer is not separated by the Sec-
retary of the military department concerned as the result
of having been required to show cause for retention, or
if the officer is acquitted of the charges, as the case may
be, then (unless action to delay the officer’s appointment
to the higher grade has been taken under subsection (b))
the officer shall be retained on the promotion list, list of
officers found qualified for Federal recognition, or list of
officers nominated by the President to the Senate for ap-
pointment in a higher reserve grade and shall, upon pro-
motion to the next higher grade, have the same date of
rank, the same effective date for the pay and allowances
of the grade to which promoted, and the same position
on the reserve active-status list as the officer would have
had if no delay had intervened, unless the Secretary con-
cerned determines that the officer was unqualified for pro-
motion for any part of the delay. If the Secretary makes
such a determination, the Secretary may adjust such date
of rank, effective date of pay and allowances, and position
on the reserve active-status list as the Secretary considers
appropriate under the circumstances.
‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under
regulations prescribed by the Secretary of the military de-
partment concerned, the appointment of an officer to a
higher grade may also be delayed if there is cause to be-
lieve that the officer is mentally, physically, morally, or
professionally unqualified to perform the duties of the
grade to which selected. If the Secretary concerned later
determines that the officer is qualified for promotion to
the higher grade, the officer shall be retained on the pro-
motion list, the list of officers found qualified for Federal
recognition, or list of officers nominated by the President
to the Senate for appointment in a higher reserve grade,
and shall, upon promotion to that grade, have the same
date of rank, the same effective date for pay and allow-
ances of that grade, and the same position on the reserve
active-status list as the officer would have had if no delay
had intervened, unless the Secretary concerned determines
that the officer was unqualified for promotion for any part
of the delay. If the Secretary makes such a determination,
the Secretary may adjust such date of rank, effective date
of pay and allowances, and position on the reserve active-
status list as the Secretary considers appropriate under
the circumstances.
‘‘(c) NOTICE TO OFFICER.—(1) The appointment of
an officer to a higher grade may not be delayed under
subsection (a) or (b) unless the officer is given written
notice of the grounds for the delay. The preceding sen-
tence does not apply if it is impracticable to give the offi-
cer written notice before the date on which the appoint-
ment to the higher grade would otherwise take effect, but
in such a case the written notice shall be given as soon
as practicable.
‘‘(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make
a written statement to the Secretary of the military de-
partment concerned in response to the action taken. The
Secretary shall give consideration to any such statement.
‘‘(d) MAXIMUM
LENGTH
OF
DELAY
IN
PRO-
MOTION.—The appointment of an officer to a higher grade
may not be delayed under subsection (a) or (b) for more
than six months after the date on which the officer would
otherwise have been promoted unless the Secretary con-
cerned specifies a further period of delay. An officer’s ap-
pointment may not be delayed more than 90 days after
final action has been taken in any criminal case against
the officer in a Federal or State court of competent juris-
diction or more than 90 days after final action has been
taken in any court-martial case against the officer. Except
for court action, a promotion may not be delayed more
than 18 months after the date on which the officer would
otherwise have been promoted.
‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER
STRENGTH
IN
GRADE
OR
DUTIES
TO
WHICH
AS-
SIGNED.—(1) Under regulations prescribed by the Sec-
retary of Defense, the promotion of a reserve officer on
the reserve active-status list who is serving on active duty,
or who is on full-time National Guard duty for administra-
tion of the reserves or the National Guard, to a grade to
which the strength limitations of section 12011 of this title
apply shall be delayed if necessary to ensure compliance
with those strength limitations. The delay shall expire
when the Secretary determines that the delay is no longer
required to ensure such compliance.
‘‘(2) The promotion of an officer described in para-
graph (1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations pre-
scribed by the Secretary of Defense, determines that the
duty assignment of the officer requires a higher grade
than the grade currently held by the officer.
‘‘(3) The date of rank and position on the reserve
active-status list of a reserve officer whose promotion to
or Federal recognition in the next higher grade was de-
layed under paragraph (1) or (2) solely as the result of
the limitations imposed under the regulations prescribed
by the Secretary of Defense or contained in section 12011
of this title shall be the date on which the officer would
have been promoted to or recognized in the higher grade
had such limitations not existed.
‘‘§ 14312. Delay of promotion: voluntary
‘‘(a) AUTHORITY
FOR VOLUNTARY DELAYS.—(1)
The Secretary of the military department concerned may,
by regulation, permit delays of a promotion of an officer
who is recommended for promotion by a mandatory selec-
tion board convened under section 14101(a) or a special
selection board convened under section 14502 of this title
at the request of the officer concerned. Such delays, in
the case of any promotion, may extend for any period not
to exceed three years from the date on which the officer
would otherwise be promoted.
‘‘(2) Regulations under this section shall provide
that—
‘‘(A) a request for such a delay of promotion
must be submitted by the officer concerned before
the delay may be approved; and
‘‘(B) denial of such a request shall not be con-
sidered to be a failure of selection for promotion un-
less the officer declines to accept a promotion under
circumstances set forth in subsection (c).
‘‘(b) EFFECT OF APPROVAL OF REQUEST.—If a re-
quest for delay of a promotion under subsection (a) is ap-
proved, the officer’s name shall remain on the promotion
list during the authorized period of delay (unless removed
under any other provision of law). Upon the end of the
period of the authorized delay, or at any time during such
period, the officer may accept the promotion, which shall
be effective on the date of acceptance. Such an acceptance
of a promotion shall be made in accordance with regula-
tions prescribed under this section.
‘‘(c) EFFECT OF DECLINING A PROMOTION.—An of-
ficer’s name shall be removed from the promotion list and,
if the officer is serving in a grade below colonel or, in the
case of the Navy, captain, the officer shall be considered
to have failed of selection for promotion if any of the
following applies:
‘‘(1) The Secretary concerned has not author-
ized voluntary delays of promotion under subsection
(a) to the grade concerned and the officer declines
to accept an appointment to a higher grade.
‘‘(2) The Secretary concerned has authorized
voluntary delays of promotion under subsection (a),
but has denied the request of the officer for a delay
of promotion and the officer then declines to accept
an appointment to a higher grade.
‘‘(3) The Secretary concerned has approved the
request of an officer for a delay of promotion and,
upon the end of the period of delay authorized in ac-
cordance with regulations prescribed under sub-
section (a), the officer then declines to accept an
appointment to a higher grade.
‘‘§ 14313. Authority to vacate promotions to grade of
brigadier general or rear admiral (lower
half)
‘‘(a) AUTHORITY.—The President may vacate the ap-
pointment of a reserve officer to the grade of brigadier
general or rear admiral (lower half) if the period of time
during which the officer has served in that grade after
promotion to that grade is less than 18 months.
‘‘(b) EFFECT OF PROMOTION BEING VACATED.—Ex-
cept as provided in subsection (c), an officer whose pro-
motion to the grade of brigadier general is vacated under
this section holds the grade of colonel as a reserve of the
armed force of which the officer is a member. An officer
whose promotion to the grade of rear admiral (lower half)
is vacated under this section holds the grade of captain
in the Naval Reserve. Upon assuming the lower grade, the
officer shall have the same position on the reserve active-
status list as the officer would have had if the officer had
not served in the higher grade.
‘‘(c) SPECIAL RULE FOR OFFICERS SERVING AS AD-
JUTANT GENERAL.—In the case of an officer serving as
an adjutant general or assistant adjutant general whose
promotion to the grade of brigadier general is vacated
under this section, the officer then holds the reserve grade
held by that officer immediately before the officer’s
appointment as adjutant general or assistant adjutant
general.
‘‘§ 14314. Army and Air Force commissioned officers:
generals ceasing to occupy positions com-
mensurate with grade; State adjutants
general
‘‘(a) GENERAL OFFICERS.—Within 30 days after a
reserve officer of the Army or the Air Force on the reserve
active-status list in a general officer grade ceases to oc-
cupy a position commensurate with that grade (or com-
mensurate with a higher grade), the Secretary concerned
shall transfer or discharge the officer in accordance with
whichever of the following the officer elects:
‘‘(1) Transfer the officer in grade to the Re-
tired Reserve, if the officer is qualified and applies
for the transfer.
‘‘(2) Transfer the officer in grade to the inac-
tive status list of the Standby Reserve, if the officer
is qualified.
‘‘(3) Discharge the officer from the officer’s re-
serve appointment and, if the officer is qualified and
applies therefor, appoint the officer in the reserve
grade held by the officer as a reserve officer before
the officer’s appointment in a general officer grade.
‘‘(4) Discharge the officer from the officer’s
reserve appointment.
‘‘(b) ADJUTANTS GENERAL.—If a reserve officer who
is federally recognized in the Army National Guard or the
Air National Guard solely because of the officer’s appoint-
ment as adjutant general or assistant adjutant general of
a State ceases to occupy that position, the Secretary con-
cerned, not later than 30 days after the date on which
the officer ceases to occupy that position, shall—
‘‘(1) withdraw that officer’s Federal recogni-
tion; and
‘‘(2) require that the officer—
‘‘(A) be transferred in grade to the Retired
Reserve, if the officer is qualified and applies
for the transfer;
‘‘(B) be discharged from the officer’s re-
serve appointment and appointed in the reserve
grade held by the officer as a reserve officer of
the Air Force immediately before the appoint-
ment of that officer as adjutant general or as-
sistant adjutant general, if the officer is quali-
fied and applies for that appointment; or
‘‘(C) be discharged from the officer’s re-
serve appointment.
‘‘(c) CREDIT FOR SERVICE IN GRADE.—An officer
who is appointed under subsection (a)(3) or (b)(2)(B)
shall be credited with an amount of service in the grade
in which appointed that is equal to the amount of prior
service in an active status in that grade and in any higher
grade.
‘‘§ 14315. Position vacancy promotions: Army and Air
Force officers
‘‘(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR
VACANCY PROMOTIONS BELOW BRIGADIER GENERAL.—
A reserve officer of the Army who is in the Army Reserve,
or a Reserve officer of the Air Force who is in the Air
Force Reserve, who is on the reserve active-status list in
the grade of first lieutenant, captain, major, or lieutenant
colonel is eligible for consideration for promotion to the
next higher grade under this section if each of the
following applies:
‘‘(1) The officer is occupying or, as determined
by the Secretary concerned, is available to occupy a
position in the same competitive category as the offi-
cer and for which a grade higher than the one held
by that officer is authorized.
‘‘(2) The officer is fully qualified to meet all re-
quirements for the position as established by the
Secretary of the military department concerned.
‘‘(3) The officer has held the officer’s present
grade for the minimum period of service prescribed
in section 14303 of this title for eligibility for con-
sideration for promotion to the higher grade.
‘‘(b) CONSIDERATION FOR VACANCY PROMOTION TO
BRIGADIER GENERAL OR MAJOR GENERAL.—(1) A re-
serve officer of the Army who is in the Army Reserve and
on the reserve active-status list in the grade of colonel or
brigadier general may be considered for promotion to the
next higher grade under this section if the officer (A) is
assigned to the duties of a general officer of the next high-
er reserve grade in a unit of the Army Reserve organized
to serve as a unit, (B) has held the officer’s present grade
for the minimum period of service prescribed in section
14303 of this title for eligibility for consideration for pro-
motion to the higher grade, and (C) meets the standards
for consideration prescribed by the Secretary of the Army.
‘‘(2) A reserve officer of the Air Force who is in the
Air Force Reserve and on the reserve active-status list in
the grade of colonel or brigadier general may be consid-
ered for promotion to the next higher grade under this
section if the officer (A) is assigned to the duties of a
general officer of the next higher reserve grade, and (B)
meets the standards for consideration prescribed by the
Secretary of the Air Force.
‘‘(c) VACANCY PROMOTION BOARDS.—Consideration
for promotion under this section shall be by a vacancy pro-
motion board convened under section 14101(a) of this
title.
‘‘(d) EFFECT OF NONSELECTION.—An officer who is
considered for promotion under this section and is not se-
lected shall not be considered to have failed of selection
for promotion.
‘‘(e) SPECIAL RULE FOR OFFICERS FAILED OF SE-
LECTION.—A reserve officer of the Army or the Air Force
who is considered as failed of selection for promotion
under section 14501 of this title to a grade may be consid-
ered for promotion under this section or, if selected, pro-
moted to that grade only if the Secretary of the military
department concerned finds that the officer is the only
qualified officer available to fill the vacancy. The Secretary
concerned may not delegate the authority under the
preceding sentence.
‘‘§ 14316. Army National Guard and Air National
Guard: appointment to and Federal rec-
ognition in a higher reserve grade after
selection for promotion
‘‘(a) OPPORTUNITY FOR PROMOTION TO FILL A VA-
CANCY IN THE GUARD.—If an officer of the Army Na-
tional Guard of the United States or the Air National
Guard of the United States is recommended by a manda-
tory selection board convened under section 14101(a) or
a special selection board convened under section 14502 of
this title for promotion to the next higher grade, an oppor-
tunity shall be given to the appropriate authority of the
State to promote that officer to fill a vacancy in the Army
National Guard or the Air National Guard of that
jurisdiction.
‘‘(b) AUTOMATIC FEDERAL RECOGNITION.—An offi-
cer of the Army National Guard of the United States or
the Air National Guard of the United States who is on
a promotion list for promotion to the next higher grade
as a result of selection for promotion as described in sub-
section (a) and who before the date of promotion is ap-
pointed in that higher grade to fill a vacancy in the Army
National Guard or Air National Guard shall—
‘‘(1) be extended Federal recognition in that
grade, without the examination prescribed in section
307 of title 32; and
‘‘(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on the date
of the officer’s appointment in that grade in the
Army National Guard or Air National Guard.
‘‘(c) NATIONAL GUARD OFFICERS FAILED OF SE-
LECTION.—An officer who is considered as failed of selec-
tion for promotion under section 14501 of this title to a
grade may be extended Federal recognition in that grade
only if the Secretary of the military department concerned
finds that the officer is the only qualified officer available
to fill a vacancy. The Secretary concerned may not dele-
gate the authority under the preceding sentence.
‘‘(d) TRANSFER TO ARMY RESERVE OR AIR FORCE
RESERVE.—If, on the date on which an officer of the
Army National Guard of the United States or of the Air
National Guard of the United States who is on a pro-
motion list as described in subsection (a) is to be pro-
moted, the officer has not been promoted to fill a vacancy
in the higher grade in the Army National Guard or the
Air National Guard, the officer’s Federal recognition in
the officer’s reserve grade shall be withdrawn and the offi-
cer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
‘‘§ 14317. Officers in transition to and from the active-
status list or active-duty list
‘‘(a) EFFECT OF TRANSFER TO INACTIVE STATUS OR
RETIRED STATUS.—If a reserve officer on the reserve ac-
tive-status list is transferred to an inactive status or to
a retired status after having been recommended for pro-
motion to a higher grade under this chapter or chapter
36 of this title, or after having been found qualified for
Federal recognition in the higher grade under title 32, but
before being promoted, the officer—
‘‘(1) shall be treated as if the officer had not
been considered and recommended for promotion by
the selection board or examined and been found
qualified for Federal recognition; and
‘‘(2) may not be placed on a promotion list or
promoted to the higher grade after returning to an
active status,
unless the officer is again recommended for promotion by
a selection board convened under chapter 36 of this title
or section 14101(a) or 14502 of this title or examined for
Federal recognition under title 32.
‘‘(b) EFFECT
OF PLACEMENT
ON ACTIVE-DUTY
LIST.—A reserve officer who is on a promotion list as a
result of selection for promotion by a mandatory pro-
motion board convened under section 14101(a) or a spe-
cial selection board convened under section 14502 of this
title and who before being promoted is placed on the ac-
tive-duty list of the same armed force and placed in the
same competitive category shall, under regulations pre-
scribed by the Secretary of Defense, be placed on an ap-
propriate promotion list for officers on the active-duty list
established under chapter 36 of this title.