10 U.S.C. § 15106 — Failure of selection for promotion

(a) In General.— Except as provided in this section, sections 14501 through 14513 of this title must apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.

(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.— The reference in section 14501 of this title to an officer^* above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(c) Special Selection Board Matters.— The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
(d) Effect of Failure of Selection.— In the administration of this chapter under subsection (a)—
(1) an officer described in subsection

(a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) 1 of this title until the officer has failed of selection for promotion to the next higher grade^* the maximum number of times specified for opportunities for promotion to that grade within the competitive category concerned under section 15104 of this title; and
(2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time must be deemed to refer instead to an officer described in subsection

(a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to that grade within the competitive category concerned pursuant to section 15104.