---
kind: "section"
citation: "10 U.S.C. § 14303"
title: "10"
title_heading: "Armed Forces"
number: "14303"
heading: "Eligibility for consideration for promotion: minimum years of service in grade"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14303"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14303. Eligibility for consideration for promotion: minimum years of service in grade

- (a) **Officers in Pay Grades O–1 and O–2.—** An [officer](/usc/10/101.md?p=b-1) who is on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of second lieutenant or first lieutenant as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps, or in the [grade](/usc/10/101.md?p=b-7) of ensign or lieutenant (junior [grade](/usc/10/101.md?p=b-7)) as a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy, may not be promoted to the next higher [grade](/usc/10/101.md?p=b-7), or granted Federal recognition in that [grade](/usc/10/101.md?p=b-7), until the [officer](/usc/10/101.md?p=b-1) has completed the following years of service in [grade](/usc/10/101.md?p=b-7):
  - (1) Eighteen months, in the case of an [officer](/usc/10/101.md?p=b-1) holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of second lieutenant or ensign.
  - (2) Two years, in the case of an [officer](/usc/10/101.md?p=b-1) holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)).
- (b) **Officers in Pay Grades O–3 and Above.—** Subject to [subsection (d)](#d), an [officer](/usc/10/101.md?p=b-1) who is on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Army, Air Force, or Marine Corps and holds a permanent appointment in a [grade](/usc/10/101.md?p=b-7) above first lieutenant, or who is on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Navy in a [grade](/usc/10/101.md?p=b-7) above lieutenant (junior [grade](/usc/10/101.md?p=b-7)), may not be considered for selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7), or examined for Federal recognition in the next higher [grade](/usc/10/101.md?p=b-7), until the [officer](/usc/10/101.md?p=b-1) has completed the following years of service in [grade](/usc/10/101.md?p=b-7):
  - (1) Three years, in the case of an [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of captain, major, or lieutenant colonel or in the case of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of lieutenant, lieutenant commander, or commander.
  - (2) One year, in the case of an [officer](/usc/10/101.md?p=b-1) of the Army, Air Force, or Marine Corps holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of colonel or brigadier general or in the case of a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Navy holding a permanent appointment in the [grade](/usc/10/101.md?p=b-7) of captain or rear admiral (lower half).

  This subsection does not apply to an adjutant general or assistant adjutant general of a [State](/usc/10/18232.md?p=1) or to an appointment in a higher [grade](/usc/10/101.md?p=b-7) which is based upon a specific provision of law.

- (c) **Authority To Lengthen Minimum Period in Grade.—** The [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe a period of service in [grade](/usc/10/101.md?p=b-7) for eligibility for promotion, in the case of [officers](/usc/10/101.md?p=b-1) to whom [subsection (a)](#a) applies, or for eligibility for consideration for promotion, in the case of [officers](/usc/10/101.md?p=b-1) to whom [subsection (b)](#b) applies, that is longer than the applicable period specified in that subsection.
- (d) **Waivers To Ensure Two Below-the-Zone Considerations.—** Subject to [section 14307(b) of this title](/usc/10/14307.md?p=b), the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may waive [subsection (b)](#b) to the extent necessary to ensure that [officers](/usc/10/101.md?p=b-1) described in [paragraph (1)](#b-1) of that subsection have at least two opportunities for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) as [officers](/usc/10/101.md?p=b-1) below the promotion zone.

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2933.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.