---
kind: "section"
citation: "10 U.S.C. § 15104"
title: "10"
title_heading: "Armed Forces"
number: "15104"
heading: "Opportunities for consideration for promotion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/15104"
units:
  - "Subtitle E — Reserve Components"
  - "Part III — Promotion and Retention of Officers on the Reserve Active-Status List"
  - "Chapter 1413 — Alternative Promotion Authority for Officers in Designated Competitive Categories"
---

# §15104. Opportunities for consideration for promotion

- (a) **Specification of Number of Opportunities for Consideration for Promotion.—** In designating a competitive category of [officers](/usc/10/101.md?p=b-1) pursuant to [section 15101 of this title](/usc/10/15101.md), the [Secretary](/usc/10/12521.md?p=4) of a military [department](/usc/10/12521.md?p=5) shall specify the number of opportunities for consideration for promotion to be afforded [officers](/usc/10/101.md?p=b-1) of the armed force concerned within the category for promotion to each [grade](/usc/10/101.md?p=b-7) above the [grade](/usc/10/101.md?p=b-7) of first lieutenant or lieutenant (junior [grade](/usc/10/101.md?p=b-7)), as applicable.
- (b) **Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—** The [Secretary](/usc/10/12521.md?p=4) of a military [department](/usc/10/12521.md?p=5) may modify the number of opportunities for consideration for promotion to be afforded [officers](/usc/10/101.md?p=b-1) of an armed force within a competitive category for promotion to a particular [grade](/usc/10/101.md?p=b-7), as previously specified by the [Secretary](/usc/10/12521.md?p=4) pursuant [subsection (a)](#a) of this subsection, not more frequently than once every five years.
- (c) **Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—** The [Secretary](/usc/10/12521.md?p=4) of Defense may modify the number of opportunities for consideration for promotion to be afforded [officers](/usc/10/101.md?p=b-1) of an armed force within a competitive category for promotion to a particular [grade](/usc/10/101.md?p=b-7), as previously specified or modified pursuant to any provision of this section, at the discretion of the [Secretary](/usc/10/12521.md?p=4).
- (d) **Limitation on Number of Opportunities Specified.—** The number of opportunities for consideration for promotion to be afforded [officers](/usc/10/101.md?p=b-1) of an armed force within a competitive category for promotion to a particular [grade](/usc/10/101.md?p=b-7), as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
- (e) **Effect of Certain Reduction in Number of Opportunities Specified.—** If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an [officer](/usc/10/101.md?p=b-1) would no longer have one or more opportunities for consideration for promotion that were available to the [officer](/usc/10/101.md?p=b-1) before the reduction, the [officer](/usc/10/101.md?p=b-1) shall be afforded one additional opportunity for consideration for promotion after the reduction.

## Source credit

(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 246.)