---
kind: "section"
citation: "10 U.S.C. § 14307"
title: "10"
title_heading: "Armed Forces"
number: "14307"
heading: "Number of officers to be recommended for promotion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/14307"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1405 — Promotions"
---

# §14307. Number of officers to be recommended for promotion

- (a) **Determination of Maximum Number.—** Before convening a promotion board under [section 14101(a) of this title](/usc/10/14101.md?p=a) for a [grade](/usc/10/101.md?p=b-7) and competitive category (other than a vacancy promotion board), the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned, under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of Defense, shall determine the maximum number of [officers](/usc/10/101.md?p=b-1) in that [grade](/usc/10/101.md?p=b-7) and competitive category that the board may recommend for promotion. The [Secretary](/usc/10/12521.md?p=4) 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](/usc/10/101.md?p=c-7) a sufficient number of [officers](/usc/10/101.md?p=b-1) in each [grade](/usc/10/101.md?p=b-7) and competitive category to meet the needs of the armed force concerned for [officers](/usc/10/101.md?p=b-1) on that list. In order to make that determination, the [Secretary](/usc/10/12521.md?p=4) shall determine (1) the number of positions needed to accomplish mission objectives which require [officers](/usc/10/101.md?p=b-1) of such competitive category in the [grade](/usc/10/101.md?p=b-7) to which the board will recommend [officers](/usc/10/101.md?p=b-1) for promotion, (2) the estimated number of [officers](/usc/10/101.md?p=b-1) needed to fill vacancies in such positions during the period in which it is anticipated that [officers](/usc/10/101.md?p=b-1) selected for promotion will be promoted, (3) the number of [officers](/usc/10/101.md?p=b-1) authorized by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned to serve on the [reserve active-status list](/usc/10/101.md?p=c-7) in the [grade](/usc/10/101.md?p=b-7) and competitive category under consideration, and (4) any statutory limitation on the number of [officers](/usc/10/101.md?p=b-1) in any [grade](/usc/10/101.md?p=b-7) or category (or combination thereof) authorized to be on the [reserve active-status list](/usc/10/101.md?p=c-7).
- (b) **Below-the-Zone Selections.—**
  - (1) The [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned may, when the needs of the armed force concerned require, authorize the consideration of [officers](/usc/10/101.md?p=b-1) in the [grade](/usc/10/101.md?p=b-7) of captain, major, or lieutenant colonel on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Army or Air Force, in a [grade](/usc/10/101.md?p=b-7) above first lieutenant on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Marine Corps, or in a [grade](/usc/10/101.md?p=b-7) above lieutenant (junior [grade](/usc/10/101.md?p=b-7)) on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Navy, for promotion to the next higher [grade](/usc/10/101.md?p=b-7) from below the promotion zone.
  - (2) When selection from below the promotion zone is authorized, the [Secretary](/usc/10/12521.md?p=4) shall establish the number of [officers](/usc/10/101.md?p=b-1) 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](/usc/10/101.md?p=b-1) that the board is authorized to recommend for promotion in such competitive category, except that the [Secretary](/usc/10/12521.md?p=4) of Defense may authorize a greater number, not to exceed 15 percent of the total number of [officers](/usc/10/101.md?p=b-1) that the board is authorized to recommend for promotion, if the [Secretary](/usc/10/12521.md?p=4) 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](/usc/10/101.md?p=b-1) for promotion from below the promotion zone.
  - (3) The number of [officers](/usc/10/101.md?p=b-1) recommended for promotion from below the promotion zone does not increase the maximum number of [officers](/usc/10/101.md?p=b-1) that the board is authorized to recommend for promotion under [subsection (a)](#a).

## Source credit

(Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2936.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 5901 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2).

### 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.