
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14307]

 
                         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. 14307. Number of officers to be recommended for promotion

    (a) Determination of Maximum Number.--Before 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 prescribed by the 
Secretary of Defense, shall determine the maximum number of officers in 
that grade and competitive category that the board may recommend for 
promotion. 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 active-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 category in the grade to which the board will recommend 
officers 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 promotion will be promoted, (3) 
the number of officers authorized by the Secretary of the military 
department concerned 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 Secretary 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 active-status list of the Navy, 
for promotion to the next higher 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 Secretary of Defense determines that the 
needs of the armed force concerned so require. If the maximum number 
determined 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 promotion from below the 
promotion zone does not increase the maximum number of officers that the 
board is authorized to recommend for promotion under subsection (a).

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2936.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 5901 of this title, prior to repeal by Pub. L. 103-337, 
Sec. 1629(b)(2).

                  Section Referred to in Other Sections

    This section is referred to in sections 14107, 14303, 14306 of this 
title.
