§ 14308. Promotions: how made
(a)
Promotion List.—
When the report of a selection board convened under section
14101
(a) or
14502 of this title is approved by the President, the Secretary of the military department concerned shall place the names of all officers selected for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of seniority of those officers on the reserve active-status list. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.
(b)
Promotion; How Made; Order.—
(1)
Officers on a promotion list for a competitive category shall be promoted in the manner specified in section
12203 of this title.
(2)
Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the military department concerned. Except as provided in section
14311,
14312, or
14502
(e) of this title or in subsection (d) or (e), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted.
(3)
Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary of the military department concerned.
(4)
(A)
Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. Such promotions shall be in the manner specified in section
12203 of this title.
(B)
An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter and chapter
1403 of this title.
(C)
The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.
(c)
Date of Rank.—
(1)
The date of rank of an officer appointed to a higher grade under this section is determined under section
741
(d)(2) of this title.
(2)
The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section
741
(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section
624
(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting “reserve active-status list” for “active-duty list”.
(d)
Officers With Running Mates.—
An officer to whom a running mate system applies under section
14306 of this title and who is selected for promotion is eligible for promotion to the grade for which selected when the officer who is that officer’s running mate becomes eligible for promotion under chapter
36 of this title. The effective date of the promotion of that officer shall be the same as that of the officer’s running mate in the grade to which the running mate is promoted.
(e)
Army Reserve and Air Force Reserve Promotions To Fill Vacancies.—
Subject to this section and to section
14311
(e) of this title, and under regulations prescribed by the Secretary of the military department concerned—
(1)
an officer in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section
14101
(a) of this title or a board convened under section
14502 or chapter
36 of this title may be promoted at any time to fill a vacancy in a position to which the officer is assigned; and
(2)
an officer in a grade below colonel in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a vacancy promotion board convened under section
14101
(a) of this title may be promoted at any time to fill the vacancy for which the officer was selected.
(f)
Effective Date of Promotion After Federal Recognition.—
The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section
307 or
310 of title
32 shall be the date on which such Federal recognition in that grade is so extended.
(g)
Army and Air Force General Officer Promotions.—
A reserve officer of the Army or the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Army Reserve or the Air Force Reserve, as the case may be, in that grade.