10 U.S.C. § 14315

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 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, under regulations prescribed by the Secretary concerned, has been recommended 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.

10 U.S.C. § 14315

Added Pub. L. 103-337, div. A, title XVI, §16111611,, 108 Stat. 2943; amended Pub. L. 104-106, div. A, title XV, §1501(b)(25), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85, div. A, title V, §514(d), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106-398, §1 [[div. A], title V, §501], Oct. 30, 2000, 114 Stat. 1654, 1654A-98; Pub. L. 108-136, div. A, title V, §512(b), Nov. 24, 2003, 117 Stat. 1460.

EDITORIAL NOTES

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

AMENDMENTS2003-Subsec. (a)(1). Pub. L. 108-136 substituted "under regulations prescribed by the Secretary concerned, has been recommended" for "as determined by the Secretary concerned, is available". 2000-Subsec. (b)(1)(A). Pub. L. 106-398, §1 [[div. A], title V, §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, §1 [[div. A], title V, §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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.

EFFECTIVE DATESection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337 set out as a note under section 10001 of this title.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
general officer: The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.