---
kind: "section"
citation: "10 U.S.C. § 15106"
title: "10"
title_heading: "Armed Forces"
number: "15106"
heading: "Failure of selection for promotion"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/15106"
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"
---

# §15106. Failure of selection for promotion

- (a) **In General.—** Except as provided in this section, sections [14501](/usc/10/14501.md) through [14513](/usc/10/14513.md) of this title shall apply to promotions of [officers](/usc/10/101.md?p=b-1) in competitive categories of [officers](/usc/10/101.md?p=b-1) designated for purposes of this chapter.
- (b) **Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in [section 14501 of this title](/usc/10/14501.md) to an [officer](/usc/10/101.md?p=b-1) above the promotion zone shall not apply in the promotion of [officers](/usc/10/101.md?p=b-1) described in [subsection (a)](#a).
- (c) **Special Selection Board Matters.—** The reference in [section 14502(a)(1) of this title](/usc/10/14502.md?p=a-1) to a person above the promotion zone shall not apply in the promotion of [officers](/usc/10/101.md?p=b-1) described in [subsection (a)](#a).
- (d) **Effect of Failure of Selection.—** In the administration of this chapter pursuant to [subsection (a)](#a)—
  - (1) an [officer](/usc/10/101.md?p=b-1) described in [subsection (a)](#a) shall not be deemed to have failed twice of selection for promotion for purposes of [section 14502(b)](/usc/10/14502.md?p=b)[^1] of this title until the [officer](/usc/10/101.md?p=b-1) has failed selection of promotion to the next higher [grade](/usc/10/101.md?p=b-7) the maximum number of times specified for opportunities for promotion to such [grade](/usc/10/101.md?p=b-7) within the competitive category concerned pursuant to [section 15104 of this title](/usc/10/15104.md); and
  - (2) any reference in sections [14504](/usc/10/14504.md) through [14506](/usc/10/14506.md) of this title to an [officer](/usc/10/101.md?p=b-1) who has failed of selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7) for the second time shall be deemed to refer instead to an [officer](/usc/10/101.md?p=b-1) described in [subsection (a)](#a) who has failed of selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7) for the maximum number of times specified for opportunities for promotion to such [grade](/usc/10/101.md?p=b-7) within the competitive category concerned pursuant to such section 15104.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 247.)

## Notes

### Editorial Notes

### References in Text

Section 14502(b) of this title, referred to in subsec. (d)(1), probably should be section 14501(b) of this title, which relates to officers twice failed of selection. Section 14502(b) of this title relates to officers considered but not selected due to material error.