
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(b)(1)]
[Document affected by Public Law 107-107 Section 506(b)]
[CITE: 10USC14308]

 
                         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. 14308. Promotions: how made

    (a) Promotion List.--When the report of a selection 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 promoted 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 promotion list and after officers 
previously selected for promotion in that competitive category have been 
promoted.
    (3) Officers to be promoted to the grade of first lieutenant 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 reserve 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 eligible for 
promotion under chapter 36 of this title. The effective 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 Promotions 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 assigned; and
        (2) an officer in a grade below colonel 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 Federal 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 National 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 Promotions.--A reserve 
officer of the Army or 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 promotion board may be promoted to that grade 
only to fill a vacancy in the Army Reserve or the Air Force Reserve, as 
the case may be, in that grade.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2937; amended Pub. L. 105-85, div. A, title V, Sec. 514(c), Nov. 
18, 1997, 111 Stat. 1732.)


                            Prior Provisions

    Provisions similar to those in subsecs. (a), (d), and (f) of this 
section were contained in sections 3385, 5902(a) to (c), and 8374 of 
this title, prior to repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), 
(c)(1).


                               Amendments

    1997--Subsec. (e)(2). Pub. L. 105-85, Sec. 514(c)(1), inserted ``a 
grade below colonel in'' after ``an officer in''.
    Subsec. (g). Pub. L. 105-85, Sec. 514(c)(2), inserted ``or the Air 
Force'' after ``A reserve officer of the Army'', substituted ``in the 
Army Reserve or the Air Force Reserve, as the case may be, in that 
grade'' for ``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'', and struck out at end ``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 promotion board may be promoted to that grade 
only to fill a vacancy in the Air Force Reserve in that grade.''

                  Section Referred to in Other Sections

    This section is referred to in section 14304 of this title; title 32 
section 310; title 37 section 905.
