
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: 10USC14315]

 
                         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. 14315. Position vacancy promotions: Army and Air Force 
        officers
        
    (a) Officers Eligible for Consideration For Vacancy Promotions Below 
Brigadier General.--A reserve officer of the Army who is in the Army 
Reserve, or a reserve officer of the Air Force who is in the Air Force 
Reserve, who is on the reserve active-status list in the grade of first 
lieutenant, captain, major, or lieutenant colonel is eligible for 
consideration for promotion to the next higher grade under this section 
if each of the following applies:
        (1) The officer is occupying or, as determined by the Secretary 
    concerned, is available to occupy a position in the same competitive 
    category as the officer and for which a grade higher than the one 
    held by that officer is authorized.
        (2) The officer is fully qualified to meet all requirements for 
    the position as established by the Secretary of the military 
    department concerned.
        (3) The officer has held the officer's present grade for the 
    minimum period of service prescribed in section 14303 of this title 
    for eligibility for consideration for promotion to the higher grade.

    (b) Consideration for Vacancy Promotion to Brigadier General or 
Major General.--(1) A reserve officer of the Army who is in the Army 
Reserve and on the reserve active-status list in the grade of colonel or 
brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties of 
a general officer of the next higher reserve grade in the Army Reserve 
or is recommended for such an assignment under regulations prescribed by 
the Secretary of the Army, (B) has held the officer's present grade for 
the minimum period of service prescribed in section 14303 of this title 
for eligibility for consideration for promotion to the higher grade, and 
(C) meets the standards for consideration prescribed by the Secretary of 
the Army.
    (2) A reserve officer of the Air Force who is in the Air Force 
Reserve and on the reserve active-status list in the grade of colonel or 
brigadier general may be considered for promotion to the next higher 
grade under this section if the officer (A) is assigned to the duties of 
a general officer of the next higher reserve grade or is recommended for 
such an assignment under regulations prescribed by the Secretary of the 
Air Force, and (B) meets the standards for consideration prescribed by 
the Secretary of the Air Force.
    (c) Vacancy Promotion Boards.--Consideration for promotion under 
this section shall be by a vacancy promotion board convened under 
section 14101(a) of this title.
    (d) Effect of Nonselection.--An officer who is considered for 
promotion under this section and is not selected shall not be considered 
to have failed of selection for promotion.
    (e) Special Rule for Officers Failed of Selection.--A reserve 
officer of the Army or the Air Force who is considered as failed of 
selection for promotion under section 14501 of this title to a grade may 
be considered for promotion under this section or, if selected, promoted 
to that grade only if the Secretary of the military department concerned 
finds that the officer is the only qualified officer available to fill 
the vacancy. The Secretary concerned may not delegate the authority 
under the preceding sentence.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2943; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(25), 
Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85, div. A, title V, 
Sec. 514(d), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106-398, Sec. 1 
[[div. A], title V, Sec. 501], Oct. 30, 2000, 114 Stat. 1654, 1654A-98.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3384 and 8373 of this title, prior to repeal by Pub. L. 103-
337, Sec. 1629(a)(1), (c)(1).


                               Amendments

    2000--Subsec. (b)(1)(A). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 501(1)], inserted ``or is recommended for such an assignment under 
regulations prescribed by the Secretary of the Army'' after ``Army 
Reserve''.
    Subsec. (b)(2)(A). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 501(2)], inserted ``or is recommended for such an assignment under 
regulations prescribed by the Secretary of the Air Force'' after 
``reserve grade''.
    1997--Subsec. (b)(1)(A). Pub. L. 105-85 substituted ``duties of a 
general officer of the next higher reserve grade in the Army Reserve,'' 
for ``duties of a general officer of the next higher reserve grade in a 
unit of the Army Reserve organized to serve as a unit,''.
    1996--Subsec. (a). Pub. L. 104-106 substituted ``or a reserve 
officer'' for ``or a Reserve officer'' in introductory provisions.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 14101, 14317 of this title.
