
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 505(c)(1)(B)]
[CITE: 10USC14301]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
                        CHAPTER 1405--PROMOTIONS
 
Sec. 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 promotion 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 officer 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 promotion board (other than a vacancy promotion board) 
is convened under section 14101(a) of this title for consideration 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 Eligible To Be Considered.--A 
promotion board convened under section 14101(a) of this title may not 
consider for promotion to the next higher grade any of the following 
officers:
        (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 is recommended for promotion to that grade in 
    the report of an earlier selection board convened under a provision 
    referred to in paragraph (1), in the case of such a report that has 
    not yet been approved by the President.
        (3) An officer who has been approved for Federal recognition by 
    a board convened under section 307 of title 32 and nominated by the 
    President for promotion to that grade as a reserve of the Army or of 
    the Air Force as the case may be, if that nomination is pending 
    before the Senate.
        (4) An officer who has been nominated by the President for 
    promotion to that grade under any other provision of law, if that 
    nomination is pending before the Senate.

    (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 criteria for 
determining which officers below the promotion zone are exceptionally 
well qualified for promotion.
    (e) 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 
general, or (2) is in the Air Force Reserve and holds the grade of 
colonel or brigadier general, is not eligible for consideration for 
promotion by a mandatory promotion board convened under section 14101(a) 
of this title.
    (f) 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 otherwise 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.
    (g) A reserve component brigadier general of the Army or the Air 
Force who is in an inactive status is eligible (notwithstanding 
subsection (a)) for consideration for promotion to major general by a 
promotion board convened under section 14101(a) of this title if the 
officer--
        (1) has been in an inactive status for less than one year as of 
    the date of the convening of the promotion board; and
        (2) had continuously served for at least one year on the reserve 
    active status list or the active duty list (or a combination of 
    both) immediately before the officer's most recent transfer to an 
    inactive status.

    (h) Officers on Educational Delay.--An officer on the reserve 
active-status list is ineligible for consideration for promotion, but 
shall remain on the reserve active-status list, while the officer--
        (1) is pursuing a program of graduate level education in an 
    educational delay status approved by the Secretary concerned; and
        (2) is receiving from the Secretary financial assistance in 
    connection with the pursuit of that program of education while in 
    that status.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2931; amended Pub. L. 105-85, div. A, title V, Secs. 503(b), (c), 
514(b), Nov. 18, 1997, 111 Stat. 1724, 1725, 1732; Pub. L. 105-261, div. 
A, title V, Sec. 514, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 106-65, 
div. A, title V, Sec. 513(a), title X, Sec. 1066(a)(32), Oct. 5, 1999, 
113 Stat. 593, 772.)


                               Amendments

    1999--Subsec. (g)(1), (2). Pub. L. 106-65, Sec. 1066(a)(32), 
substituted ``one year'' for ``1 year''.
    Subsec. (h). Pub. L. 106-65, Sec. 513(a), added subsec. (h).
    1998--Subsec. (g). Pub. L. 105-261 added subsec. (g).
    1997--Subsec. (c). Pub. L. 105-85, Sec. 503(b)(1), substituted 
``grade any of the following officers:'' for ``grade--'' in introductory 
provisions.
    Subsec. (c)(1). Pub. L. 105-85, Sec. 503(b)(2), (3), substituted 
``An officer'' for ``an officer'' and ``title.'' for ``title;''.
    Subsec. (c)(2). Pub. L. 105-85, Sec. 503(b)(6), added par. (2). 
Former par. (2) redesignated (3).
    Pub. L. 105-85, Sec. 503(b)(2), (4), substituted ``An officer'' for 
``an officer'' and ``be.'' for ``be; or''.
    Subsec. (c)(3). Pub. L. 105-85, Sec. 503(c), inserted ``, if that 
nomination is pending before the Senate'' before period at end.
    Pub. L. 105-85, Sec. 503(b)(5), redesignated par. (2) as (3) and 
substituted ``that grade'' for ``the next higher grade''. Former par. 
(3) redesignated (4).
    Pub. L. 105-85, Sec. 503(b)(2), substituted ``An officer'' for ``an 
officer''.
    Subsec. (c)(4). Pub. L. 105-85, Sec. 503(c), inserted ``, if that 
nomination is pending before the Senate'' before period at end.
    Pub. L. 105-85, Sec. 503(b)(5), redesignated par. (3) as (4) and 
substituted ``that grade'' for ``the next higher grade''.
    Subsecs. (e) to (g). Pub. L. 105-85, Sec. 514(b), redesignated 
subsecs. (f) and (g) as (e) and (f), respectively, and struck out former 
subsec. (e) which read as follows:
    ``(e) Reserve Officers of the Army; Consideration for Brigadier 
General and Major General.--In the case of officers of the Army, if the 
Secretary of the Army determines that vacancies are authorized 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 organized to serve as a unit and the Secretary 
convenes a mandatory promotion board under section 14101(a) of this 
title to consider officers for promotion to fill such vacancies, 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.''


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title V, Sec. 513(b), Oct. 5, 1999, 113 
Stat. 593, provided that:
    ``(1) Subsection (h) of section 14301 of title 10, United States 
Code (as added by subsection (a)), shall apply with respect to boards 
convened under section 14101(a) of such title before, on, or after the 
date of the enactment of this Act [Oct. 5, 1999].
    ``(2) The Secretary of the military department concerned, upon 
receipt of request submitted in a form and manner prescribed by the 
Secretary, shall expunge from the military records of an officer any 
indication of a failure of selection of the officer for promotion by a 
board referred to in paragraph (1) while the officer was ineligible for 
consideration by that board by reason of section 14301(h) of title 10, 
United States Code.''


                    Effective Date of 1997 Amendment

    Amendment by section 503(b), (c) of Pub. L. 105-85 effective Nov. 
18, 1997, and applicable with respect to selection boards that are 
convened under section 611(a), 14101(a), or 14502 of this title on or 
after Nov. 18, 1997, see section 503(d) of Pub. L. 105-85, set out as a 
note under section 619 of this title.


                             Effective Date

    Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 
103-337, set out as a note under section 10001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 14304 of this title.
