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LegalText 10 U.S.C. § 14307 Number of officers to be recommended for promotion us united_states_code code_section 10 ARMED FORCES 1405 PROMOTIONS 14307 10 U.S.C. § 14307 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s14307 data/legal/raw/us/code/title-10/usc10.xml 123927c0d0c5314669867a9b51a4da78f3a9bbfd47926e823ef99c8f11066b6a 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 09e0fc2e176a298d47b57dca4dbb2c7dc37e7ea863a10c61ac1b68f075533764 2026-07-04 official
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10 U.S.C. § 14307 - Number of officers to be recommended for promotion

Text

(a) Determination of Maximum Number.— Before convening a promotion board under section 14101(a) of this title for a grade and competitive category (other than a vacancy promotion board), the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, shall determine the maximum number of officers in that grade and competitive category that the board may recommend for promotion. The Secretary shall make the determination under the preceding sentence of the maximum number that may be recommended with a view to having on the reserve active-status list a sufficient number of officers in each grade and competitive category to meet the needs of the armed force concerned for officers on that list. In order to make that determination, the Secretary shall determine (1) the number of positions needed to accomplish mission objectives which require officers of such competitive category in the grade to which the board will recommend officers for promotion, (2) the estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted, (3) the number of officers authorized by the Secretary of the military department concerned to serve on the reserve active-status list in the grade and competitive category under consideration, and (4) any statutory limitation on the number of officers in any grade or category (or combination thereof) authorized to be on the reserve active-status list.

(b) Below-the-Zone Selections.— (1) The Secretary of the military department concerned may, when the needs of the armed force concerned require, authorize the consideration of officers in the grade of captain, major, or lieutenant colonel on the reserve active-status list of the Army or Air Force, in a grade above first lieutenant on the reserve active-status list of the Marine Corps, or in a grade above lieutenant (junior grade) on the reserve active-status list of the Navy, for promotion to the next higher grade from below the promotion zone.

(2) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may be recommended for promotion from below the promotion zone in each competitive category to be considered. That number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend for promotion in such competitive category, except that the Secretary of Defense may authorize a greater number, not to exceed 15 percent of the total number of officers that the board is authorized to recommend for promotion, if the Secretary of Defense determines that the needs of the armed force concerned so require. If the maximum number determined under this paragraph is less than one, the board may recommend one officer for promotion from below the promotion zone.

(3) The number of officers recommended for promotion from below the promotion zone does not increase the maximum number of officers that the board is authorized to recommend for promotion under subsection (a).

(Added Pub. L. 103337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2936.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were contained in section 5901 of this title, prior to repeal by Pub. L. 103337, § 1629(b)(2).

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103337, set out as a note under section 10001 of this title.