10 U.S.C. § 14308 — Promotions: how made

(a) Promotion List. When the President approves a selection board's report, the Secretary places all selected officers in a competitive category on one list, called a promotion list, ordered by seniority on the reserve active-status list^* or by merit as the board determined. The list is established as of the date the President approves the report.

(b) Promotion; How Made; Order. (1) Officers on a promotion list are promoted the way section 12203 describes. (2) They are promoted to the next grade^* under Secretary rules, in list order, after previously selected officers in that category are promoted — except as sections 14311, 14312, 14502(e), or subsections (d) and (e) provide. (3) Promotions to first lieutenant or lieutenant junior grade follow Secretary rules. (4)(A) Officers on an approved all-fully-qualified-officers list are promoted under Secretary rules, the way section 12203 describes. (B) Such a list is "approved" once the President approves it, and is then treated like a regular promotion list. (C) A Secretary can recommend such a list to the President only when finding every officer^* on it is needed in the higher grade for mission goals. (D) This kind of list names officers on the reserve active-status list the Secretary determines are fully qualified for the next grade and would be eligible for board consideration if a board convened. (E) If the Secretary finds officers were mistakenly left off such a list by administrative error, the Secretary may add a supplemental list for approval the same way.

(c) Date of Rank^*. (1) An officer's date of rank under this section follows section 741(d)(2). (2) It may be adjusted the way section 741(d)(4) allows for officers promoted under section 624(a), substituting "reserve active-status list" for "active-duty list^*" in that section's subparagraph (C)(ii). (3) The Secretary may adjust the date of rank for an officer placed on a list under section 624(e) or (f). (4) Except as paragraph (2) allows or another law specifically permits, an officer is not entitled to extra pay^* because a promotion's effective date is adjusted earlier.

(d) Officers With Running Mates. An officer under a running mate system who is selected for promotion becomes eligible when the officer's running mate becomes eligible under chapter 36. The promotion's effective date matches the running mate's promotion date.

(e) Army^* Reserve and Air Force Reserve Promotions To Fill Vacancies. Subject to this section and section 14311(e), under Secretary rules: (1) an Army Reserve or Air Force Reserve officer on a promotion list from a mandatory or special selection board may be promoted anytime to fill a vacancy in the officer's assigned position; and (2) an officer below colonel on a promotion list from a vacancy board may be promoted anytime to fill the vacancy for which selected.

(f) Effective Date of Promotion After Federal Recognition. (1) An Army or Air Force reserve officer's promotion effective date, when extended Federal recognition in the National Guard^*, is the date that recognition is extended. (2) If recognition is delayed more than 100 days after the National Guard Bureau deems the officer's application complete and ready, and the delay was not the officer's fault: (A) for a state promotion effective before January 1, 2024, the Secretary may adjust the effective date, but not earlier than the state promotion date; and (B) for a state promotion effective on or after January 1, 2024, the Secretary must adjust the date to the later of when the Bureau deemed the application complete, or when the officer takes a billet in the higher grade.

(g) Army and Air Force General Officer^* Promotions. An Army or Air Force reserve officer on a promotion list for brigadier general or major general from a vacancy board may be promoted only to fill an actual vacancy in that grade in the Army Reserve or Air Force Reserve.