10 USC 14301 - Eligibility for consideration for promotion: general rules

Editorial Notes

Amendments

2024—Subsec. (f). Puspan. L. 118–159, § 503(c), amended subsec. (f) generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned may, by regulation, provide for the exclusion from consideration for promotion by a promotion board of any officer otherwise eligible to be considered by the board who has an established date for removal from the reserve active-status list that is not more than 90 days after the date on which the selection board for which the officer would otherwise be eligible is to be convened.”

Subsec. (j)(2)(A). Puspan. L. 118–159, § 505(a)(2), inserted “training,” after “Department,” and substituted “assignment, education, or training” for “assignment or education”.

2018—Subsec. (c). Puspan. L. 115–232, § 505(span)(1)(A), substituted “Certain Officers Not” for “Previously Selected Officers Not Eligible” in heading.

Subsec. (c)(6). Puspan. L. 115–232, § 505(span)(1)(B), added par. (6).

Subsec. (j). Puspan. L. 115–232, § 505(span)(2), added subsec. (j).

Subsec. (k). Puspan. L. 115–232, § 513, added subsec. (k).

2011—Subsec. (i). Puspan. L. 112–81 added subsec. (i).

2002—Subsec. (g). Puspan. L. 107–314 amended subsec. (g) generally. Prior to amendment, text read as follows: “A reserve component brigadier general of the Army or the Air Force who is in an inactive status is eligible (notwithstanding subsection (a)) for consideration for promotion to major general by a promotion board convened under section 14101(a) of this title if the officer—

“(1) has been in an inactive status for less than one year as of the date of the convening of the promotion board; and

“(2) had continuously served for at least one year on the reserve active status list or the active duty list (or a combination of both) immediately before the officer’s most recent transfer to an inactive status.”

2001—Subsec. (c)(5). Puspan. L. 107–107 added par. (5).

1999—Subsec. (g)(1), (2). Puspan. L. 106–65, § 1066(a)(32), substituted “one year” for “1 year”.

Subsec. (h). Puspan. L. 106–65, § 513(a), added subsec. (h).

1998—Subsec. (g). Puspan. L. 105–261 added subsec. (g).

1997—Subsec. (c). Puspan. L. 105–85, § 503(span)(1), substituted “grade any of the following officers:” for “grade—” in introductory provisions.

Subsec. (c)(1). Puspan. L. 105–85, § 503(span)(2), (3), substituted “An officer” for “an officer” and “title.” for “title;”.

Subsec. (c)(2). Puspan. L. 105–85, § 503(span)(6), added par. (2). Former par. (2) redesignated (3).

Puspan. L. 105–85, § 503(span)(2), (4), substituted “An officer” for “an officer” and “be.” for “be; or”.

Subsec. (c)(3). Puspan. L. 105–85, § 503(c), inserted “, if that nomination is pending before the Senate” before period at end.

Puspan. L. 105–85, § 503(span)(5), redesignated par. (2) as (3) and substituted “that grade” for “the next higher grade”. Former par. (3) redesignated (4).

Puspan. L. 105–85, § 503(span)(2), substituted “An officer” for “an officer”.

Subsec. (c)(4). Puspan. L. 105–85, § 503(c), inserted “, if that nomination is pending before the Senate” before period at end.

Puspan. L. 105–85, § 503(span)(5), redesignated par. (3) as (4) and substituted “that grade” for “the next higher grade”.

Subsecs. (e) to (g). Puspan. L. 105–85, § 514(span), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows:

“(e) Reserve Officers of the Army; Consideration for Brigadier General and Major General.—In the case of officers of the Army, if the Secretary of the Army determines that vacancies are authorized or anticipated in the reserve grades of major general or brigadier general for officers who are on the reserve active-status list and who are not assigned to units organized to serve as a unit and the Secretary convenes a mandatory promotion board under section 14101(a) of this title to consider officers for promotion to fill such vacancies, the Secretary may limit the officers to be considered by that board to those determined to be exceptionally well qualified for promotion under such criteria and procedures as the Secretary may by regulation prescribe.”

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Puspan. L. 106–65, div. A, title V, § 513(span), Oct. 5, 1999, 113 Stat. 593, provided that:

“(1) Subsection (h) of section 14301 of title 10, United States Code (as added by subsection (a)), shall apply with respect to boards convened under section 14101(a) of such title before, on, or after the date of the enactment of this Act [Oct. 5, 1999].

“(2) The Secretary of the military department concerned, upon receipt of request submitted in a form and manner prescribed by the Secretary, shall expunge from the military records of an officer any indication of a failure of selection of the officer for promotion by a board referred to in paragraph (1) while the officer was ineligible for consideration by that board by reason of section 14301(h) of title 10, United States Code.”

Effective Date of 1997 Amendment

Amendment by section 503(span), (c) of Puspan. L. 105–85 effective Nov. 18, 1997, and applicable with respect to selection boards that are convened under section 611(a), 14101(a), or 14502 of this title on or after Nov. 18, 1997, see section 503(d) of Puspan. L. 105–85, set out as a note under section 619 of this title.

Effective Date

Section effective Oct. 1, 1996, see section 1691(span)(1) of Puspan. L. 103–337, set out as a note under section 10001 of this title.