10 U.S.C. § 14307 — Number of officers to be recommended for promotion

(a) Determination of Maximum Number. Before convening a board under section 14101(a) for a grade and competitive category (except a vacancy board), the Secretary of the military department, under Secretary of Defense rules, must set the maximum number of officers the board may recommend for promotion. The Secretary sets this number aiming to keep enough officers of each grade and category on the reserve active-status list to meet the armed force's needs. To do this, the Secretary must figure: (1) how many positions in that grade and category are needed for mission goals; (2) the estimated number of officers needed to fill vacancies in those positions during the time newly selected officers would be promoted; (3) how many officers the Secretary has authorized for that grade and category on the reserve active-status list; and (4) any legal cap on the number of officers allowed in any grade or category. (b) Below-the-Zone Selections. (1) When the armed force's needs require it, the Secretary may allow considering officers below the promotion zone — captains, majors, or lieutenant colonels (Army/Air Force), officers above first lieutenant (Marine Corps), or officers above lieutenant junior grade (Navy) — for promotion to the next grade. (2) When below-the-zone selection is allowed, the Secretary sets how many such officers may be recommended in each category considered. That number cannot exceed 10 percent of the board's maximum recommendable number for that category, unless the Secretary of Defense allows up to 15 percent because the armed force's needs require it. If the calculated maximum is less than one, the board may still recommend one below-the-zone officer. (3) Officers recommended from below the zone do not add to the board's overall maximum number under subsection (a).