§3370. Commissioned officers: promotion to grade of colonel to fill vacancies

(a) Whenever the Secretary of the Army determines that, within the distribution of officers not assigned to units, there are existing or anticipated vacancies in the reserve grade of colonel, he may convene a selection board to consider and recommend, to fill those vacancies, reserve officers who are in an active status and who are not assigned to units organized to serve as units, subject to section 3390 of this title, reserve officers who are on active duty (other than for training), officers of any unit of the Army Reserve organized to serve as a unit, and officers of the Army National Guard of the United States.

(b) The Secretary shall prescribe for each zone of consideration list established under section 3364 of this title the amount of service computed under section 3360(b) of this title that an officer of the branch concerned must have to be placed on it for consideration under this section. So far as practicable, the amount of service prescribed shall correspond to that which an officer of the Regular Army in the same branch must have for consideration for promotion to the same grade. The Secretary shall require that each officer who is in an active status, who is not assigned to a unit organized to serve as a unit, and who has the prescribed service computed under that section, be placed on that list. Officers of any unit of the Army Reserve organized to serve as a unit, and any officer of the Army National Guard of the United States, who have the prescribed service computed under that section, shall also be placed on that list. He shall prescribe the number to be recommended for promotion from each list.

(c) A selection board considering officers under this section shall recommend the prescribed number of officers whom it considers to be the best qualified.

(d) Subject to section 3380 of this title, an officer recommended for promotion under this section may be promoted whenever there is a vacancy, but it is not mandatory that the authorized number be maintained in any grade. Each officer of the Army National Guard of the United States who is recommended for promotion under this section and who, before the date on which he would be promoted under this section, is appointed in 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 in the next higher grade in the Army National Guard and federally recognized in that grade, he shall, effective as of the date of the promotion under this section, have his Federal recognition terminated and be transferred to the Army Reserve. An officer of the Army National Guard of the United States may decline a promotion under this section if the governor or other appropriate authority of the State, Territory, or Puerto Rico, or the commanding general of the District of Columbia National Guard, whichever is concerned, approves that action. If an officer of the Army National Guard of the United States so declines a promotion, his name shall be removed from the recommended list. 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. An officer of a unit of the Army Reserve organized to serve as a unit may decline a promotion under this section if the Secretary of the Army, or an officer designated by him, approves that action as being in the best interest of the Army. If an officer of a unit of the Army Reserve so declines a promotion, his name shall be removed from the recommended list.

(e) 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. 1474 ; amended Pub. L. 86–559, §1(15), June 30, 1960, 74 Stat. 269 ; Nov. 8, 1967, Pub. L. 90–130, §1(11)(C), (D), 81 Stat. 375 ; Pub. L. 100–456, div. A, title XII, §1234(a)(5), 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.

In subsection (b), the words "for consideration under this section" are inserted for clarity.

In subsection (c), the words "among those on the zone of consideration list" are omitted as surplusage.

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

Amendments

1988-Subsec. (d). Pub. L. 100–456 substituted "or Puerto Rico" for "Puerto Rico, the Canal Zone".

1967-Pub. L. 90–130, §1(11)(D), substituted "grade of colonel to fill vacancies" for "field grade in certain cases" in section catchline.

Subsec. (a). Pub. L. 90–130, §1(11)(C), struck out limitation restricting the convening of selection boards to situations in which the existing or anticipated vacancies are in the reserve grade of lieutenant colonel in the Army Nurse Corps, Army Medical Specialist Corps, or the Women's Army Corps, colonels on any other branch, and colonels in the Army Nurse Corps or Army Medical Specialist Corps, and reduced the restriction to a requirement merely that the vacancy be in the reserve grade of colonel.

1960-Pub. L. 86–559, §1(15)(A), struck out "officers not assigned to units," before "promotion", in section catchline.

Subsec. (a). Pub. L. 86–559, §1(15)(B), struck out provisions which related to vacancies in the grade of major in the Army Nurse Corps or the Army Medical Specialist Corps, inserted provisions relating to vacancies in the grades of lieutenant colonel in the Army Medical Specialist Corps and colonel in the Army Nurse Corps or Army Medical Specialist Corps, and authorized consideration of officers of any unit of the Army Reserve organized to serve as a unit and officers of the Army National Guard of the United States.

Subsec. (b). Pub. L. 86–559, §1(15)(B), substituted "who is in active status, who is not assigned to a unit organized to serve as a unit, and who has the prescribed service computed under that section, be placed on the list" for "with that amount of service be placed on that list", and inserted provisions requiring, so far as practicable, the amount of service prescribed to correspond to that which an officer of the Regular Army in the same branch must have for consideration for promotion to the same grade, and directing the placement on the list of officers of any unit of the Army Reserve organized to serve as a unit, and any officer of the Army National Guard of the United States, who have the prescribed service.

Subsec. (d). Pub. L. 86–559, §1(15)(C), 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, declination of promotion by officers of the Army National Guard of the United States, transfer of officers of Army Reserve units organized to serve as units, and declination of promotion by officers of units of the Army Reserve organized to serve as units.

Section Referred to in Other Sections

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