
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14303]

 
                         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. 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 lieutenant as a reserve officer of the Army, Air Force, or Marine 
Corps, or in the grade of ensign or lieutenant (junior grade) as a 
reserve officer of the Navy, may not be promoted to the next higher 
grade, or granted Federal recognition 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 holding 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 following years of service in grade:
        (1) Three years, in the case of an officer of the Army, Air 
    Force, or Marine Corps holding a permanent appointment in the grade 
    of captain, major, or lieutenant colonel or in the case of a reserve 
    officer of the Navy holding a permanent appointment in the grade of 
    lieutenant, lieutenant commander, or commander.
        (2) One year, in the case of an officer of the Army, Air Force, 
    or Marine Corps holding a permanent appointment in the grade of 
    colonel or brigadier 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 period of service in grade for eligibility for 
promotion, in the case of officers to whom subsection (a) applies, or 
for eligibility for consideration for promotion, in the case of officers 
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 promotion to the next 
higher grade as officers below the promotion zone.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2933.)

                  Section Referred to in Other Sections

    This section is referred to in sections 14305, 14315 of this title; 
title 32 sections 309, 310.
