--- kind: "section" citation: "10 U.S.C. § 14315" title: "10" title_heading: "Armed Forces" number: "14315" heading: "Position vacancy promotions: Army and Air Force officers" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/14315" units: - "Subtitle E — Reserve Components" - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List" - "Chapter 1405 — Promotions" --- # §14315. Position vacancy promotions: Army and Air Force officers - (a) **Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army who is in the Army [Reserve](/usc/10/101.md?p=c-6), or a [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Air Force who is in the Air Force [Reserve](/usc/10/101.md?p=c-6), who is on the [reserve active-status list](/usc/10/101.md?p=c-7) in the [grade](/usc/10/101.md?p=b-7) of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) under this section if each of the following applies: - (1) The [officer](/usc/10/101.md?p=b-1) is occupying or, under regulations prescribed by the [Secretary concerned](/usc/10/101.md?p=a-9), has been recommended to occupy a position in the same competitive category as the [officer](/usc/10/101.md?p=b-1) and for which a [grade](/usc/10/101.md?p=b-7) higher than the one held by that [officer](/usc/10/101.md?p=b-1) is authorized. - (2) The [officer](/usc/10/101.md?p=b-1) is fully qualified to meet all requirements for the position as established by the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned. - (3) The [officer](/usc/10/101.md?p=b-1) has held the [officer](/usc/10/101.md?p=b-1)’s present [grade](/usc/10/101.md?p=b-7) for the minimum period of service prescribed in [section 14303 of this title](/usc/10/14303.md) for eligibility for consideration for promotion to the higher [grade](/usc/10/101.md?p=b-7). - (b) **Consideration for Vacancy Promotion to Brigadier General or Major General.—** - (1) A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army who is in the Army [Reserve](/usc/10/101.md?p=c-6) and on the [reserve active-status list](/usc/10/101.md?p=c-7) in the [grade](/usc/10/101.md?p=b-7) of colonel or brigadier general may be considered for promotion to the next higher [grade](/usc/10/101.md?p=b-7) under this section if the [officer](/usc/10/101.md?p=b-1) (A) is assigned to the duties of a [general officer](/usc/10/101.md?p=b-4) of the next higher [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) in the Army [Reserve](/usc/10/101.md?p=c-6) or is recommended for such an assignment under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Army, (B) has held the [officer](/usc/10/101.md?p=b-1)’s present [grade](/usc/10/101.md?p=b-7) for the minimum period of service prescribed in [section 14303 of this title](/usc/10/14303.md) for eligibility for consideration for promotion to the higher [grade](/usc/10/101.md?p=b-7), and (C) meets the standards for consideration prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Army. - (2) A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Air Force who is in the Air Force [Reserve](/usc/10/101.md?p=c-6) and on the [reserve active-status list](/usc/10/101.md?p=c-7) in the [grade](/usc/10/101.md?p=b-7) of colonel or brigadier general may be considered for promotion to the next higher [grade](/usc/10/101.md?p=b-7) under this section if the [officer](/usc/10/101.md?p=b-1) (A) is assigned to the duties of a [general officer](/usc/10/101.md?p=b-4) of the next higher [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) or is recommended for such an assignment under regulations prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Air Force, and (B) meets the standards for consideration prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Air Force. - (c) **Vacancy Promotion Boards.—** Consideration for promotion under this section shall be by a vacancy promotion board convened under [section 14101(a) of this title](/usc/10/14101.md?p=a). - (d) **Effect of Nonselection.—** An [officer](/usc/10/101.md?p=b-1) who is considered for promotion under this section and is not selected shall not be considered to have failed of selection for promotion. - (e) **Special Rule for Officers Failed of Selection.—** A [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the Army or the Air Force who is considered as failed of selection for promotion under [section 14501 of this title](/usc/10/14501.md) to a [grade](/usc/10/101.md?p=b-7) may be considered for promotion under this section or, if selected, promoted to that [grade](/usc/10/101.md?p=b-7) only if the [Secretary](/usc/10/12521.md?p=4) of the military [department](/usc/10/12521.md?p=5) concerned finds that the [officer](/usc/10/101.md?p=b-1) is the only qualified [officer](/usc/10/101.md?p=b-1) available to fill the vacancy. The [Secretary concerned](/usc/10/101.md?p=a-9) may not delegate the authority under the preceding sentence. ## Source credit (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2943; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(25), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–85, div. A, title V, § 514(d), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106–398, § 1 [[div. A], title V, § 501], Oct. 30, 2000, 114 Stat. 1654, 1654A–98; Pub. L. 108–136, div. A, title V, § 512(b), Nov. 24, 2003, 117 Stat. 1460.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in sections 3384 and 8373 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1). ### Amendments 2003—Subsec. (a)(1). Pub. L. 108–136 substituted “under regulations prescribed by the Secretary concerned, has been recommended” for “as determined by the Secretary concerned, is available”. 2000—Subsec. (b)(1)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 501(1)], inserted “or is recommended for such an assignment under regulations prescribed by the Secretary of the Army” after “Army Reserve”. Subsec. (b)(2)(A). Pub. L. 106–398, § 1 [[div. A], title V, § 501(2)], inserted “or is recommended for such an assignment under regulations prescribed by the Secretary of the Air Force” after “reserve grade”. 1997—Subsec. (b)(1)(A). Pub. L. 105–85 substituted “duties of a general officer of the next higher reserve grade in the Army Reserve,” for “duties of a general officer of the next higher reserve grade in a unit of the Army Reserve organized to serve as a unit,”. 1996—Subsec. (a). Pub. L. 104–106 substituted “or a reserve officer” for “or a Reserve officer” in introductory provisions. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. ### 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.