§3363. Commissioned officers: selection boards; general procedure

(a) Except as provided in section 3383(b) of this title and section 309 of title 32, an officer in the reserve grade of second lieutenant may not be promoted or federally recognized in the next higher reserve grade until he completes three years of service computed under section 3360(b) of this title.

(b) An officer in a reserve grade above second lieutenant may not be considered for promotion, or examined for Federal recognition in the next higher reserve grade, until he completes the following number of years of service computed under section 3360(b) of this title:

(1) First lieutenant-two years.

(2) Captain-four years.

(3) Major-four years.

(4) Lieutenant colonel-three years.

(5) Colonel-two years.

(6) Brigadier general-two years.

This subsection does not apply to the adjutant general or assistant adjutants general of a State or Territory, Puerto Rico, or the District of Columbia.

(c) An officer may not be considered by a selection board for promotion under this chapter more than two years before the date on which it is anticipated that he will be promoted if recommended by the selection board.

(d) A promotion under this chapter may be made effective before, on, or after the date on which it is made. The officer concerned is entitled to pay, allowances, and any other benefits provided by law for the grade to which he is promoted from the effective date of the promotion.

(e) The Secretary of the Army may delay the promotion of a reserve commissioned officer who is under investigation or against whom proceedings of a court-martial or board of officers are pending, until the investigation or proceedings are completed.

(f) On the basis of the results of an investigation or proceedings of a court-martial or board of officers, the Secretary may remove from a recommended list the name of any officer whom he considers to be not qualified for promotion. An officer in an active status whose name is so removed from a recommended list, shall be treated, for the purposes of section 3368 of this title, as if he had been considered but not recommended for promotion.

(g) Promotions of reserve commissioned officers of each special branch shall be made from reserve commissioned officers assigned to that branch. Promotions of reserve commissioned officers in any other branch shall be made from reserve commissioned officers who are not assigned to a special branch.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1470 ; amended Pub. L. 86–559, §1(11), June 30, 1960, 74 Stat. 266 ; Pub. L. 95–485, title VIII, §820(e)(1), Oct. 20, 1978, 92 Stat. 1627 ; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
3363(a) 3363(b) 3363(c) 3363(d) 3363(e) 3363(f) 3363(g)	50:1226(a). 50:1226 (less (a)). 50:1223(d). 50:1223(b). 50:1223(f). 50:1223(g). 50:1223(c).	Sept. 3, 1954, ch. 1257, §§302(h) (as applicable to §303(c)), 303 (less (a) and (e)), 306, 68 Stat. 1154 , 1155; June 30, 1955, ch. 247, §7, 69 Stat. 221 .
	50:1222(h) (as applicable to 50:1223(c)).

In subsection (b), the last sentence is substituted for the words "other than an adjutant general or assistant adjutant general of a State, Territory, or the District of Columbia".

In subsection (c), the words "before the date on which it is anticipated that he will be promoted" are substituted for the words "prior to the anticipated date of his promotion". The words "under this chapter" and "if recommended by the selection board" are inserted for clarity.

In subsection (d), the words "under this chapter" are substituted for the words "To carry out the provisions of this subchapter". The words "the grade to which he is promoted" are substituted for the words "the higher grade". The words "the effective date of the promotion" are substituted for the words "such effective date".

In subsection (g), reference in 50:1222(h) to special branches "enumerated in the Army Organization Act of 1950" is omitted, since those branches are enumerated in section 3064 of this title.

Amendments

1988-Subsec. (b). Pub. L. 100–456 struck out "the Canal Zone," after "Puerto Rico,".

1978-Subsec. (g). Pub. L. 95–485 struck out "and the Women's Army Corps" after "each special branch", "or corps, as the case may be" after "that branch", and "or the Women's Army Corps" after "a special branch".

1960-Subsec. (f). Pub. L. 86–559 struck out "who is not assigned to a unit organized to serve as a unit, and" after "officer in an active status".

Section Referred to in Other Sections

This section is referred to in sections 123, 3360, 3364, 3383, 3384 of this title; title 32 section 309.