§3366. Commissioned officers: promotion of first lieutenants, captains, and majors; mandatory consideration

(a) Without regard to vacancies, each officer of the Army Reserve in the reserve grade of first lieutenant, captain, or major, who is in an active status, who is not assigned to a unit organized to serve as a unit, and who, while holding that grade, has not been considered by a selection board under this section or section 3367 of this title, and each reserve officer in such a grade who is on active duty (other than for training), and who has not been so considered, shall be considered for promotion to the next higher reserve grade far enough in advance of the date on which he will complete the service prescribed in columns 2 and 3 of the following table that, if recommended, he may be promoted effective on the date on which he will complete that service:

Column 1	Column 2	Column 3
Current reserve grade	Years of service computed under sec. 3360(b) of this title	Years of service computed under sec. 3360(c) of this title
First lieutenant	4	6
Captain	7	12
Major	7	17

(b) Without regard to vacancies, each officer of an Army Reserve unit organized to serve as a unit, and each officer of the Army National Guard of the United States, who holds the reserve grade of first lieutenant, captain, or major and who has not been considered by a selection board under this section or section 3367 of this title, for promotion to the next higher reserve grade, shall be so considered far enough in advance of the date upon which he will complete the service prescribed in columns 2 and 3 of the table in subsection (a) that, if recommended, he may be promoted effective on the date on which he will complete that service.

(c) An officer recommended for promotion under this section may be promoted to fill a vacancy within the distribution of officers not assigned to units at any time. If not sooner promoted, he shall be promoted, effective as of the date on which he completes the service prescribed in columns 2 and 3 of the table in subsection (a), without regard to vacancies. Each officer of the Army National Guard of the United States who is recommended by a selection board for promotion under this section, and who, before the date on which he would be promoted under this section, is appointed to the next higher grade to fill a vacancy in the Army National Guard and is federally recognized in that grade, shall be promoted to that reserve grade effective as of the date on which he is so recognized. If he is not so appointed to the next higher grade in the Army National Guard and federally recognized in that Grade, he shall, effective as of the date of his promotion under this section, have his Federal recognition terminated and be transferred to the Army Reserve. Each officer of an Army Reserve unit organized to serve as a unit who is promoted under this section shall, effective as of the date of that promotion, be transferred from his unit unless, upon his promotion, he fills a vacancy in that unit.

(d) If an officer in the reserve grade of first lieutenant, captain, or major becomes subject to this section upon transfer from an inactive status, upon transfer from the Army National Guard of the United States, or upon release from a unit of the Army Reserve, and after completing the service necessary for consideration under subsection (a), he shall be considered by the next appropriate selection board. If recommended by that board, he shall be promoted on the later of the following dates-

(1) the date on which the board reports its recommendations; or

(2) the date on which he completes the service prescribed in column 2 of the table in subsection (a).

(e) A selection board considering officers under this section shall use one of the following methods of selection, as directed by the Secretary of the Army;

(1) Recommend those officers whose names have been referred to it whom it considers to be fully qualified for promotion, and report those whom it considers not to be so qualified.

(2) Recommend a number specified by him whom it considers to be the best qualified of those officers whose names have been referred to it.

If the method prescribed in clause (2) is used in considering officers for promotion to the grade of captain, major, or lieutenant colonel, the number recommended by the selection board must be at least 80 percent of those listed for consideration for the first time.

(f) A reserve officer whose name is on a zone of consideration list for consideration for promotion under this section and who is serving in, or has been recommended for promotion to, a temporary grade that is equal to or higher than the grade for which he is to be considered under this section, may not be considered under this section, but shall be considered to have been recommended for promotion and shall be promoted when he completes the service prescribed by column 2 of the table in subsection (a) for the grade concerned.

[(g) Repealed. Pub. L. 90–130, §1(11)(A), Nov. 8, 1967, 81 Stat. 375 .]

(h) If an officer of the Army National Guard of the United States is found qualified for promotion under this section, section 3390 of this title applies in place of the examination for Federal recognition in the grade for which found qualified.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1472 ; amended Pub. L. 86–559, §1(13), June 30, 1960, 74 Stat. 267 ; Pub. L. 90–130, §1(11)(A), Nov. 8, 1967, 81 Stat. 375 .)

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)
3366(a) 3366(b) 3366(c)	50:1233(a). 50:1271 (less 29th through 35th words of last sentence, as applicable to 50:1233 (less (e))). 50:1233(c). 50:1233(d).	Sept. 3, 1954, ch. 1257, §§310 (less (e)), 314(b) (as applicable to §310), 331 (as applicable to §310 (less (e))), 334, 68 Stat. 1156 , 1158, 1164.
3366(d)	50:1237(b) (as applicable to 50:1233).
3366(e)	50:1274.
3366(f)	50:1233(b).
3366(g)	50:1271 (29th through 35th words of last sentence, as applicable to 50:1233 (less (e))).

In subsection (a), the words "Without regard to vacancies" are substituted for the words "Regardless of a vacancy in the next higher grade". The words "for promotion to the next higher reserve grade" are substituted for the words "by a selection board". The words "he will complete" are substituted for the words "he has". The table is substituted for the words "four, seven, or seven years of promotion service, respectively, and the total years of service required by section 1238(a) of this title".

In subsection (b), the words "without regard to vacancies" are substituted for the words "regardless of a vacancy in the grade for which recommended".

In subsection (c), the words "becomes subject to this section" are substituted for the words "becomes a nonunit officer". The words "on the later of the following dates" are substituted for the words "whichever is later".

In subsection (d), the words "a number specified by him" are substituted for the words "a specified number". The words "for consideration" are omitted as surplusage. The words "must be at least 80 percent" are substituted for the words "shall * * * a minimum of 80 per centum".

In subsection (e), the words "by a selection board" are omitted as surplusage.

Subsection (g), is substituted for 50:1271 (29th through 35th words of last sentence).

Amendments

1967-Subsec. (g). Pub. L. 90–130 struck out subsec. (g) which excepted the promotion to a grade above major of reserve officers of the Army Nurse Corps, Army Medical Specialist Corps, or the Women's Army Corps from the applicability of this section.

1960-Pub. L. 86–559, §1(13)(A), struck out "not assigned to units" after "majors" in section catchline.

Subsec. (a). Pub. L. 86–559, §1(13)(B), substituted "who, while holding that grade, has not" for "who has not", inserted a reference to column 3, and inserted column 3.

Subsec. (b). Pub. L. 86–559, §1(13)(C), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 86–559, §1(13)(D), (E), redesignated former subsec. (b) as (c), and inserted "within the distribution of officers not assigned to units" before "at any time", substituted "columns 2 and 3" for "column 2", and inserted provisions relating to promotion of officers of the Army National Guard of the United States, transfer to the Army Reserve of officers not appointed to the next higher grade in the Army National Guard, and to transfer of officers of Army Reserve units organized to serve as units. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 86–559, §1(13)(D), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 86–559, §1(13)(D), (F), redesignated former subsec. (d) as (e), and inserted "for the first time" after "those listed for consideration." Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 86–559, §1(13)(D), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 86–559, §1(13)(D), (G), redesignated former subsec. (f) as (g), and substituted "major of reserve officers of the Army Nurse Corps, Army Medical Specialist Corps, or the Women's Army Corps" for "captain of reserve officers of the Army Nurse Corps or the Army Medical Specialist Corps, or to the promotion to a grade above major of reserve officers of the Women's Army Corps." Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 86–559, §1(13)(D), redesignated former subsec. (g) as (h).

Promotion of Reserve Commissioned Officers Holding Grades on July 1, 1955

Section 20 of Pub. L. 85–861, Sept. 2, 1958, 72 Stat. 1595 , prohibited an officer from being considered for promotion for the first time under any one of sections 3366, 3367, 3370, and 3371 of this title, until he is within one year of completing the service prescribed for that grade, and prohibited promotion until he completes that service, prior to repeal by Pub. L. 86–559, §3.

Section Referred to in Other Sections

This section is referred to in sections 123, 3212, 3360, 3364, 3368, 3846 of this title; title 32 section 310.