10 U.S.C. § 14315 — Position vacancy promotions: Army and Air Force officers
submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 546 words · no verdicts yet
Army and Air Force reserve officers can be promoted to fill a specific vacant position needing a higher grade, if they are fully qualified and have served the minimum time in grade. Colonels and brigadier generals can be considered for the next general officer grade under similar rules. Not being selected this way does not count as a failure of selection.
(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General. An Army* Reserve or Air Force Reserve officer* on the reserve active-status list* as first lieutenant, captain, major, or lieutenant colonel is eligible for a vacancy promotion if: (1) the officer occupies, or is recommended to occupy, a position in the same competitive category requiring a higher grade*; (2) the officer is fully qualified for that position under Secretary standards; and (3) the officer has served the minimum time in grade section 14303 requires for the higher grade.
(b) Consideration for Vacancy Promotion to Brigadier General or Major General. (1) An Army Reserve officer holding colonel or brigadier general may be considered for the next grade if the officer (A) is assigned, or recommended for assignment, to general officer* duties of the next reserve grade in the Army Reserve, (B) has served the minimum time in grade under section 14303, and (C) meets Army Secretary standards. (2) An Air Force Reserve officer holding colonel or brigadier general may be considered if the officer (A) is assigned, or recommended for assignment, to those duties, and (B) meets Air Force Secretary standards.
(c) Vacancy Promotion Boards. Consideration under this section happens through a vacancy promotion board convened under section 14101(a).
(d) Effect of Nonselection. An officer considered but not selected under this section is not treated as having failed selection for promotion.
(e) Special Rule for Officers Failed of Selection. An officer already treated as having failed selection under section 14501 for a grade may be considered or promoted under this section to that grade only if the Secretary personally finds the officer is the only qualified officer available to fill the vacancy. This finding cannot be delegated.
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:
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.
The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
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.
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.
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.
Consideration for promotion under this section shall be by a vacancy promotion board convened under section 14101(a) of this title.
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.
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.
Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 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.)
- 1994Enacted · Pub. L. 103-337 · 108 Stat. 2943
- 1996Amended · Pub. L. 104-106 · 110 Stat. 497
- 1997Amended · Pub. L. 105-85 · 111 Stat. 1732
- 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1460
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.
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