10-U.S.C.-14504
§14504 – Effect of Failure of Selection For Promotion: Reserve First Lieutenants of The Army, Air Force, and Marine Corps and Reserve Lieutenants (Junior Grade) of The Navy
Pathway
Title 10 > Subtitle E > Part III > Chapter 1407 > Section 14504
Details
- Reference: Section 14504
- Legend: §14504 – Effect of Failure of Selection For Promotion: Reserve First Lieutenants of The Army, Air Force, and Marine Corps and Reserve Lieutenants (Junior Grade) of The Navy
- USCode Year: 2013
Provision Content
(a) General Rule.—A first lieutenant on the reserve active-status list of the Army, Air Force, or Marine Corps or a lieutenant (junior grade) on the reserve active-status list of the Navy who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be separated in accordance with section 14513 of this title not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.
(b) Exceptions.—Subsection (a) does not apply (1) in the case of an officer retained as provided by regulation of the Secretary of the military department concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the President approves the report of the selection board which resulted in the second failure, or (2) as provided in section 12646 or 12686 of this title.
(c) Officers in Grade of First Lieutenant or Lieutenant (Junior Grade) Found Not Fully Qualified for Promotion.—For the purposes of this chapter, an officer of the Army, Air Force, or Marine Corps on a reserve active-status list who holds the grade of first lieutenant, and an officer of the Navy on a reserve active-status list who holds the grade of lieutenant (junior grade), shall be treated as having failed of selection for promotion if the Secretary of the military department concerned determines that the officer would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title if such a board were convened but is not fully qualified for promotion when recommending for promotion under section 14308(b)(4) of this title all fully qualified officers of the officers armed force in such grade who would be eligible for such consideration.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2950; amended Pub. L. 107–107, div. A, title V, §505(b)(2), Dec. 28, 2001, 115 Stat. 1087.)
Amendments
2001—Subsec. (c). Pub. L. 107–107 added subsec. (c).
U.S. Encyclopedia of Law Coverage
10-U.S.C.-14305 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-14305, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-14303 in the Legal Encyclopedia: Reserve Active Status List
In this entry about 10-U.S.C.-14303, find legal reference material, bibliographies and premiere content related to reserve active status list in the American Encyclopedia of Law, presenting a comprehensive view of the United States reserve active status list-specific issues, written by authorities in the field.
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