
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: 10USC14304]

 
                         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. 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 effective on or before the date on which the officer 
will complete 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 lieutenant 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 permanent 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 reserve 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 service for promotion, or for consideration 
for promotion, within those zones will exceed the maximum years of 
service in grade specified in subsection (a).

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2934.)


              Minimum Service Qualifications for Promotion

    Section 1685 of title XVI of div. A of Pub. L. 103-337 provided 
that: ``During the five-year period beginning on the effective date of 
this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103-
337, set out as an Effective Date note under section 10001 of this 
title], the Secretary of the Army and the Secretary of the Air Force may 
waive the provisions of section 14304 of title 10, United States Code, 
as added by this title. The Secretary may, in addition, during any 
period in which such a waiver is in effect, establish minimum periods of 
total years of commissioned service an officer must have served to be 
eligible for consideration for promotion to the grade of captain, major, 
or lieutenant colonel by boards convened under section 14101(a) of title 
10, United States Code, as added by this title.''

                  Section Referred to in Other Sections

    This section is referred to in sections 12009, 14305 of this title.
