§ 14301. Eligibility for consideration for promotion: general rules
(a)
One-Year Rule.—
An officer is eligible under this chapter for consideration for promotion by a promotion board convened under section
14101
(a) of this title only if—
(b)
Requirement for Consideration of All Officers In and Above the Zone.—
Whenever a promotion board (other than a vacancy promotion board) is convened under section
14101
(a) of this title for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion.
(c)
Previously Selected Officers Not Eligible To Be Considered.—
A promotion board convened under section
14101
(a) of this title may not consider for promotion to the next higher grade any of the following officers:
(1)
An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or section
14502 of this title or under chapter
36 of this title.
(2)
An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under a provision referred to in paragraph (1), in the case of such a report that has not yet been approved by the President.
(3)
An officer who has been approved for Federal recognition by a board convened under section
307 of title
32 and nominated by the President for promotion to that grade as a reserve of the Army or of the Air Force as the case may be, if that nomination is pending before the Senate.
(d)
Officers Below the Zone.—
The Secretary of the military department concerned may, by regulation, prescribe procedures to limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion. The regulations shall include criteria for determining which officers below the promotion zone are exceptionally well qualified for promotion.
(e)
Certain Reserve Officers of the Air Force.—
A reserve officer of the Air Force who
(1)
is in the Air National Guard of the United States and holds the grade of lieutenant colonel, colonel, or brigadier general, or
(2)
is in the Air Force Reserve and holds the grade of colonel or brigadier general, is not eligible for consideration for promotion by a mandatory promotion board convened under section
14101
(a) of this title.
(f)
Nonconsideration of Officers Scheduled for Removal From Reserve Active-Status List.—
The Secretary of the military department concerned may, by regulation, provide for the exclusion from consideration for promotion by a promotion board of any officer otherwise eligible to be considered by the board who has an established date for removal from the reserve active-status list that is not more than 90 days after the date on which the selection board for which the officer would otherwise be eligible is to be convened.
(g)
Brigadier Generals.—
(1)
An officer who is a reserve component brigadier general of the Army or the Air Force who is not eligible for consideration for promotion under subsection (a) because the officer is not on the reserve active status list (as required by paragraph (1) of that subsection for such eligibility) is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under section
14101
(a) of this title if—
(2)
An officer who is a reserve component brigadier general of the Army or the Air Force who is on the reserve active status list but who is not eligible for consideration for promotion under subsection (a) because the officer’s service does not meet the one-year-of-continuous-service requirement under paragraph (2) of that subsection is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under section
14101
(a) of this title if—
(A)
the officer was transferred from an inactive status to the reserve active status list during the one-year period preceding the date of the convening of the promotion board;
(h)
Officers on Educational Delay.—
An officer on the reserve active-status list is ineligible for consideration for promotion, but shall remain on the reserve active-status list, while the officer—