I
103D CONGRESS
1ST SESSION
H. R. 1040
To amend title 10, United States Code, to revise and standardize the provi-
sions of law relating to appointment, promotion, and separation of com-
missioned officers of the reserve components of the Armed Forces, to
consolidate in a new subtitle the provisions of law relating to the reserve
components, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mr. MONTGOMERY introduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend title 10, United States Code, to revise and stand-
ardize the provisions of law relating to appointment,
promotion, and separation of commissioned officers of
the reserve components of the Armed Forces, to consoli-
date in a new subtitle the provisions of law relating
to the reserve components, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Reserve Officer Personnel Management Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 10, United States Code.
TITLE I—RESERVE OFFICER PERSONNEL MANAGEMENT
PART A—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL
SYSTEM
Sec. 101. Promotion and retention of reserve officers.
PART B—CONFORMING AMENDMENTS
Sec. 111. Definition of reserve active-status list.
Sec. 112. Authority to suspend officer personnel laws during war or national
emergency.
Sec. 113. Active-duty list promotion boards to have authority to recommend
that reserve officers considered for promotion be required to
show cause for retention on active duty.
Sec. 114. Applicability of chapter 36 to reserve officers during war or national
emergency.
Sec. 115. Grade in which reserve officers are ordered to active duty.
Sec. 116. Date of rank.
Sec. 117. Discharge before completion of required service in case of officers
having twice failed of selection for captain or navy lieutenant.
Sec. 118. Conforming amendments relating to Navy and Marine Corps officers.
Sec. 119. Repeal of reserve officer personnel policy laws.
Sec. 120. Amendments to title 32, United States Code.
TITLE II—OTHER PERSONNEL POLICY AMENDMENTS
PART A—APPOINTMENTS
Sec. 201. Repeal of separate authority for accession of women in reserve com-
ponents.
Sec. 202. Appointment authority for reserve grades of lieutenant colonel and
commander.
Sec. 203. Appointment of former commissioned officers in reserve components.
Sec. 204. Constructive credit for appointment of officers in reserve components
with qualifying education or experience.
Sec. 205. Computation of years of service for transfer of Army officers to Re-
tired Reserve.
Sec. 206. Repeal of miscellaneous obsolete appointment authorities.
PART B—RETIREMENT AND SEPARATION
Sec. 221. Computation of highest grade in which satisfactorily served for re-
serve commissioned officers and former officers.
PART C—OTHER AMENDMENTS
Sec. 241. Tenure in office of Chief of National Guard Bureau.
Sec. 242. Right to reenlist in Regular Army or Regular Air Force after service
as an officer.
TITLE III—REORGANIZATION AND CONSOLIDATION OF LAWS
RELATING TO RESERVE COMPONENTS
Sec. 301. Laws relating to organization and administration of reserve compo-
nents.
Sec. 302. Laws relating to reserve component personnel policy.
Sec. 303. Laws relating to reserve component training and educational assist-
ance programs.
Sec. 304. Laws relating to reserve component procurement and equipment.
Sec. 305. Legislative construction.
TITLE IV—TECHNICAL AND CLERICAL AMENDMENTS
Sec. 401. Amendments to subtitle A of title 10, United States Code.
Sec. 402. Amendments to subtitle B of title 10, United States Code.
Sec. 403. Amendments to subtitle C of title 10, United States Code.
Sec. 404. Amendments to subtitle D of title 10, United States Code.
Sec. 405. Amendments to subtitle E of title 10, United States Code.
Sec. 406. Amendments to titles 32 and 37, United States Code.
Sec. 407. Amendments to other laws.
TITLE V—TRANSITION PROVISIONS
Sec. 501. Continuation on the reserve active-status list of certain reserve colo-
nels of the Army and Air Force.
Sec. 502. Effects of selection for promotion and failure of selection for Army
and Air Force officers.
Sec. 503. Effects of selection for promotion and failure of selection for Navy
and Marine Corps officers.
Sec. 504. Delays in promotions and removals from promotion list.
Sec. 505. Minimum service qualifications for promotion.
Sec. 506. Establishment of reserve active-status list.
Sec. 507. Preservation of relative seniority under the initial establishment of
the reserve active-status list.
Sec. 508. Grade on transfer to the Retired Reserve.
Sec. 509. Rights for officers with over three years service.
Sec. 510. Mandatory separation for age for certain reserve officers of the Navy
and Marine Corps.
TITLE VI—EFFECTIVE DATES AND GENERAL SAVINGS
PROVISIONS
Sec. 601. Effective dates.
Sec. 602. Preservation of suspended status of laws suspended as of effective
date.
Sec. 603. Preservation of preexisting rights, duties, penalties, and proceedings.
SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 10, United States Code.
TITLE I—RESERVE OFFICER PERSONNEL
MANAGEMENT
PART A—REVISED AND STANDARDIZED RESERVE
OFFICER PERSONNEL SYSTEM
SEC. 101. PROMOTION AND RETENTION OF RESERVE OFFI-
CERS.
Title 10, United States Code, is amended by adding
at the end the following new subtitle:
‘‘Subtitle E—Reserve Components
‘‘PART I—ORGANIZATION AND ADMINISTRATION
‘‘Chap.
Sec.
‘‘1001. Definitions ....................................................................................
10001
‘‘1003. Reserve Components Generally ....................................................
10101
‘‘1005. Elements of Reserve Components ................................................
10141
‘‘1007. Administration of Reserve Components .......................................
10201
‘‘1009. Reserve Forces Policy Boards and Committees ..........................
10301
‘‘1011. National Guard Bureau ...............................................................
10501
‘‘1013. Budget Information and Annual Reports to Congress ................
10541
‘‘PART II—PERSONNEL GENERALLY
‘‘1201. Authorized Strengths and Distribution in Grade ........................
12001
‘‘1203. Enlisted Members ........................................................................
12101
‘‘1205. Appointment of Reserve Officers .................................................
12201
‘‘1207. Warrant Officers ..........................................................................
12241
‘‘1209. Active Duty ..................................................................................
12301
‘‘1211. National Guard Members in Federal Service ..............................
12401
‘‘1213. Special Appointments, Assignments, Details, and Duties ...........
12501
‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]
‘‘1217. Miscellaneous Rights and Benefits ..............................................
12601
‘‘1219. Standards and Procedures for Retention and Promotion ...........
12641
‘‘1221. Separation ....................................................................................
12681
‘‘1223. Retired Pay for Non-Regular Service ..........................................
12731
‘‘1225. Retired Grade ..............................................................................
12771
‘‘PART III—PROMOTION AND RETENTION OF OFFICERS ON THE
RESERVE ACTIVE-STATUS LIST
‘‘1401. Applicability and Reserve Active-Status Lists .............................
14001
‘‘1403. Selection Boards ..........................................................................
14101
‘‘1405. Promotions ...................................................................................
14301
‘‘1407. Failure of Selection for Promotion and Involuntary Separation
14501
‘‘1409. Continuation of Officers on the Reserve-Active Status List and
Selective Early Removal ................................................
14701
‘‘1411. Additional Provisions Relating to Involuntary Separation ..........
14901
‘‘PART IV—TRAINING FOR RESERVE COMPONENTS AND
EDUCATIONAL ASSISTANCE PROGRAMS
‘‘1601. Training Generally .......................................................................
[No present
sections]
‘‘1606. Educational Assistance for Members of the Selected Reserve ....
16131
‘‘1608. Health Professions Stipend Program ..........................................
16201
‘‘1609. Education Loan Repayments .......................................................
16301
‘‘PART V—SERVICE, SUPPLY, AND PROCUREMENT
‘‘1801. Issue of Serviceable Material to Reserve Components ................
[No present
sections]
‘‘1803. Facilities for Reserve Components ..............................................
18231
‘‘1805. Miscellaneous Provisions ..............................................................
18501
‘‘PART III—PROMOTION AND RETENTION OF OF-
FICERS ON THE RESERVE ACTIVE-STATUS
LIST
‘‘Chap.
Sec.
‘‘1401. Applicability and Reserve Active-Status Lists .............................
14001
‘‘1403. Selection Boards ...........................................................................
14101
‘‘1405. Promotions ....................................................................................
14301
‘‘1407. Failure of Selection for Promotion and Involuntary Separation
14501
‘‘1409. Continuation of Officers on the Reserve Active-Status List and
Selective Early Removal ................................................
14701
‘‘1411. Additional Provisions Relating to Involuntary Separation ...........
14901
‘‘CHAPTER 1401—APPLICABILITY AND RESERVE
ACTIVE-STATUS LISTS
‘‘Sec.
‘‘14001. Applicability of this part.
‘‘14002. Reserve active-status lists: requirement for each armed force.
‘‘14003. Reserve active-status lists: position of officers on the list.
‘‘14004. Reserve active-status lists: eligibility for Reserve promotion.
‘‘14005. Competitive categories.
‘‘14006. Determination of years in grade.
‘‘§ 14001. Applicability of this part
‘‘This chapter and chapters 1403 through 1411 of
this title apply, as appropriate, to all reserve officers of
the Army, Navy, Air Force, and Marine Corps except war-
rant officers.
‘‘§ 14002. Reserve active-status lists: requirement for
each armed force
‘‘(a) The Secretary of each military department shall
maintain a single list, to be known as the reserve active-
status list, for each armed force under the Secretary’s ju-
risdiction. That list shall include the names of all reserve
officers of that armed force who are in an active status
other than those on an active-duty list described in section
620 of this title or warrant officers (including commis-
sioned warrant officers).
‘‘(b) The reserve active-status list for the Army shall
include officers in the Army Reserve and the Army Na-
tional Guard of the United States. The reserve active-sta-
tus list for the Air Force shall include officers in the Air
Force Reserve and the Air National Guard of the United
States. The Secretary of the Navy shall maintain separate
lists for the Naval Reserve and the Marine Corps Reserve.
‘‘§ 14003. Reserve active-status: position of officers on
the list
‘‘(a) POSITION ON LIST.—Officers shall be carried on
the reserve active-status list of the armed force of which
they are members in the order of seniority of the grade
in which they are serving in an active status. Officers serv-
ing in the same grade shall be carried in the order of their
rank in that grade.
‘‘(b) EFFECT ON POSITION HELD BY REASON OF
TEMPORARY APPOINTMENT OR ASSIGNMENT.—An officer
whose position on the reserve active-status list results
from service under a temporary appointment or in a grade
held by reason of assignment to a position has, when that
appointment or assignment ends, the grade and position
on that list that the officer would have held if the officer
had not received that appointment or assignment.
‘‘§ 14004. Reserve active-status lists: eligibility for Re-
serve promotion
‘‘Except as otherwise provided by law, an officer must
be on a reserve active-status list to be eligible under chap-
ter 1405 of this title for consideration for selection for
promotion or for promotion.
‘‘§ 14005. Competitive categories
‘‘Each officer whose name appears on a reserve ac-
tive-status list shall be placed in a competitive category.
The competitive categories for each armed force shall be
specified by the Secretary of the military department con-
cerned under regulations prescribed by the Secretary of
Defense. Officers in the same competitive category shall
compete among themselves for promotion.
‘‘§ 14006. Determination of years in grade
‘‘For the purpose of chapters 1403 through 1411 of
this title, an officer’s years of service in a grade are com-
puted from the officer’s date of rank in grade as deter-
mined under section 741(d) of this title.
‘‘CHAPTER 1403—SELECTION BOARDS
‘‘Sec.
‘‘14101. Convening of selection boards.
‘‘14102. Selection boards: appointment and composition.
‘‘14103. Oath of members.
‘‘14104. Confidentiality of board proceedings.
‘‘14105. Notice of convening of selection board.
‘‘14106. Communication with board by officers under consideration.
‘‘14107. Information furnished by the Secretary concerned to promotion boards.
‘‘14108. Recommendations by promotion boards.
‘‘14109. Reports of promotion boards: in general.
‘‘14110. Reports of promotion boards: review by Secretary.
‘‘14111. Reports of selection boards: transmittal to President.
‘‘14112. Dissemination of names of officers selected.
‘‘§ 14101. Convening of selection boards
‘‘(a) PROMOTION BOARDS.—(1) Whenever the needs
of the Army, Navy, Air Force, or Marine Corps require,
the Secretary concerned shall convene a selection board
to recommend for promotion to the next higher grade,
under chapter 1405 of this title, officers on the reserve
active-status list of that armed force in a permanent grade
from first lieutenant through brigadier general or, in the
case of the Naval Reserve, lieutenant (junior grade)
through rear admiral (lower half). A selection board con-
vened under this subsection shall be known as a ‘pro-
motion board’.
‘‘(2) A promotion board convened to recommend re-
serve officers of the Army or reserve officers of the Air
Force for promotion (A) to fill a position vacancy under
section 14315 of this title, or (B) to the grade of brigadier
general or major general, shall (except in the case of a
board convened to consider officers as provided in section
14301(e) of this title) be known as a ‘vacancy promotion
board’. Any other promotion board convened under this
subsection shall be known as a ‘mandatory promotion
board’.
‘‘(b) CONTINUATION BOARDS.—Whenever the needs
of the Army, Navy, Air Force, or Marine Corps require,
the Secretary concerned may convene a selection board to
recommend officers of that armed force—
‘‘(1) for continuation on the reserve active-sta-
tus list under section 14701 of this title;
‘‘(2) for selective early removal from the reserve
active-status list under section 14704 of this title; or
‘‘(3) for selective early retirement under section
14705 of this title.
A selection board convened under this subsection shall be
known as a ‘continuation board’.
‘‘§ 14102. Selection boards: appointment and com-
position
‘‘(a) APPOINTMENT.—Members of selection boards
convened under section 14101 shall be appointed by the
Secretary of the military department concerned in accord-
ance with this section. Promotion boards and special selec-
tion boards shall consist of five or more officers. Continu-
ation boards shall consist of three or more officers. All
of the officers of any such selection board shall be of the
same armed force as the officers under consideration by
the board.
‘‘(b) COMPOSITION.—At least one-half of the mem-
bers of such a selection board shall be reserve officers, to
include at least one reserve officer from each reserve com-
ponent from which officers are to be considered by the
board. Each member of a selection board must hold a per-
manent grade higher than the grade of the officers under
consideration by the board, and no member of a board
may hold a grade below major or lieutenant commander.
‘‘(c) REPRESENTATION
OF
COMPETITIVE
CAT-
EGORIES.—(1) Except as provided in paragraph (2), a se-
lection board shall include at least one officer from each
competitive category of officers to be considered by the
board.
‘‘(2) A selection board need not include an officer
from a competitive category to be considered by the board
if there is no officer of that competitive category on the
reserve active-status list or the active-duty list in a perma-
nent grade higher than the grade of the officers to be con-
sidered by the board and otherwise eligible to serve on the
board. However, in such a case, the Secretary of the mili-
tary department concerned, in his discretion, may appoint
as a member of the board a retired officer of that competi-
tive category who is in the same armed force as the offi-
cers under consideration by the board who holds a higher
grade than the grade of the officers under consideration.
‘‘(d) PROHIBITION OF SERVICE ON CONSECUTIVE
PROMOTION BOARDS.—No officer may be a member of
two successive promotion boards convened under section
14101(a) of this title for the consideration of officers of
the same competitive category and grade if the second of
the two boards is to consider any officer who was consid-
ered and not recommended for promotion to the next
higher grade by the first of the two boards.
‘‘§ 14103. Oath of members
‘‘Each member of a selection board convened under
section 14101 of this title shall take an oath to perform
the duties of a member of the board without prejudice or
partiality, having in view both the special fitness of offi-
cers and the efficiency of the member’s armed force.
‘‘§ 14104. Confidentiality of board proceedings
‘‘Except as otherwise authorized or required by law,
the proceedings of a selection board convened under sec-
tion 14101 of this title may not be disclosed to any person
not a member of the board.
‘‘§ 14105. Notice of convening of promotion board
‘‘(a) REQUIRED NOTICE.—At least 30 days before a
promotion board is convened under section 14101(a) of
this title to consider officers in a grade and competitive
category for promotion to the next higher grade, the Sec-
retary concerned shall either (1) notify in writing the offi-
cers eligible for consideration by the board for promotion
regarding the convening of the board, or (2) issue a gen-
eral written notice to the armed force concerned regarding
the convening of the board.
‘‘(b) CONTENT OF NOTICE.—A notice under sub-
section (a) shall include the date on which the board is
to convene and (except in the case of a vacancy promotion
board) the name and date of rank of the junior officer,
and of the senior officer, in the promotion zone as of the
date of the notice.
‘‘§ 14106. Communication with board by officers
under consideration
‘‘Subject to regulations prescribed by the Secretary
of the military department concerned, an officer eligible
for consideration by a promotion board convened under
section 14101(a) of this title who is in the promotion zone
or above the promotion zone, or who is to be considered
by a vacancy promotion board, may send a written com-
munication to the board calling attention to any matter
concerning the officer which the officer considers impor-
tant to the officer’s case. Any such communication shall
be sent so as to arrive not later than the date on which
the board convenes. The board shall give consideration to
any timely communication under this section.
‘‘§ 14107. Information furnished by the Secretary con-
cerned to promotion boards
‘‘(a) INTEGRITY
OF
THE PROMOTION SELECTION
BOARD PROCESS.—(1) The Secretary of Defense shall
prescribe regulations governing information furnished to
selection boards convened under section 14101(a) of this
title. Those regulations shall apply uniformly among the
military departments. Any regulations prescribed by the
Secretary of a military department to supplement those
regulations may not take effect without the approval of
the Secretary of Defense in writing.
‘‘(2) No information concerning a particular eligible
officer may be furnished to a selection board except for
the following:
‘‘(A) Information that is in the officer’s official
military personnel file and that is provided to the se-
lection board in accordance with the regulations pre-
scribed by the Secretary of Defense pursuant to
paragraph (1).
‘‘(B) Other information that is determined by
the Secretary of the military department concerned,
after review by that Secretary in accordance with
standards and procedures set out in the regulations
prescribed by the Secretary of Defense pursuant to
paragraph (1), to be substantiated, relevant informa-
tion that could reasonably and materially affect the
deliberations of the promotion board.
‘‘(C) Subject to such limitations as may be pre-
scribed in those regulations, information commu-
nicated to the board by the officer in accordance
with this section, section 14106 of this title (includ-
ing any comment on information referred to in sub-
paragraph (A) regarding that officer), or other
applicable law.
‘‘(D) A factual summary of the information de-
scribed in subparagraphs (A), (B), and (C) that, in
accordance with the regulations prescribed pursuant
to paragraph (1) is prepared by administrative per-
sonnel for the purpose of facilitating the work of the
selection board.
‘‘(3) Information provided to a promotion board in
accordance with paragraph (2) shall be made available to
all members of the board and shall be made a part of the
record of the board. Communication of such information
shall be in a written form or in the form of an audio or
video recording. If a communication is in the form of an
audio or video recording, a written transcription of the re-
cording shall also be made a part of the record of the pro-
motion board.
‘‘(4) Paragraphs (2) and (3) do not apply to the fur-
nishing of appropriate administrative processing informa-
tion to the promotion board by an administrative staff des-
ignated to assist the board, but only to the extent that
oral communications are necessary to facilitate the work
of the board.
‘‘(5) Information furnished to a promotion board that
is described in subparagraph (B), (C), or (D) of paragraph
(2) may not be furnished to a later promotion board un-
less—
‘‘(A) the information has been properly placed
in the official military personnel file of the officer
concerned; or
‘‘(B) the information is provided to the later se-
lection board in accordance with paragraph (2).
‘‘(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 follow-
ing:
‘‘(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