§3383. Commissioned officers: Army Reserve; promotion to grades of first lieutenant, captain, major, lieutenant colonel, and colonel to fill vacancies in units

(a) The Secretary of the Army may convene a selection board to consider and recommend officers of any unit of the Army Reserve that is organized to serve as a unit for promotion to fill a vacancy in that unit in the grade of captain, major, lieutenant colonel, or colonel within the numbers authorized for that unit under section 3220 ¹ of this title.

(b) In referring the names of officers for consideration for promotion under subsection (a), the convening officer shall place on a zone of consideration list the name of each officer who is assigned to a unit organized to serve as a unit, who is eligible for consideration for promotion under section 3363(b) or (g) of this title, and who is geographically available to fill the vacancy. The convening officer shall refer the list to the selection board for consideration. Without regard to section 3363(a) and (b) of this title, he may also place on such a list for promotion to the next higher reserve grade the name of any reserve first lieutenant or second lieutenant who has served creditably for at least a year in a position that is in a unit organized to serve as a unit and is prescribed to be filled by a captain, and who has not previously been promoted under this section.

(c) The selection board shall recommend the officer whom it considers to be the best qualified.

(d) An officer recommended for promotion under this section may be immediately promoted to fill the vacancy.

(e) After July 1, 1965, no promotion may be made under this section, if that promotion would result in an excess over any grade strength authorized by section 3219 ¹ of this title.

(Added Pub. L. 85–861, §1(80)(E), Sept. 2, 1958, 72 Stat. 1477 ; amended Pub. L. 86–559, §1(16), June 30, 1960, 74 Stat. 270 ; Pub. L. 88–620, §2, Oct. 3, 1964, 78 Stat. 999 ; Pub. L. 90–130, §1(11)(E), Nov. 8, 1967, 81 Stat. 376 ; Pub. L. 95–485, title VIII, §820(e)(5), Oct. 20, 1978, 92 Stat. 1627 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3351 of this title.

In subsection (a), the words "that is organized to serve as a unit" are inserted for clarity.

In subsection (b), the last 10 words of the last sentence are substituted for the words "provided the officer has not previously been promoted under this provision".

References in Text

Sections 3220 and 3219 of this title, referred to in subsecs. (a) and (e), respectively, were repealed by Pub. L. 103–337, div. A, title XVI, §1662(a)(3), Oct. 5, 1994, 108 Stat. 2988 . See sections 12007 and 12005 of this title.

Amendments

1978-Subsec. (b). Pub. L. 95–485 struck out provision making officers of the Women's Army Corps eligible for consideration to fill a vacancy whenever the Secretary determined that a vacancy could be filled by an officer of the Women's Army Corps even though the vacancy was not allocated to that branch.

1967-Subsec. (b). Pub. L. 90–130 struck out provision limiting the vacancies for which officers of the Women's Army Corps may be considered to vacancies in reserve grades below colonel.

1964-Subsec. (e). Pub. L. 88–620 substituted "July 1, 1965" for "July 1, 1964".

1960-Subsec. (a). Pub. L. 86–559, §1(16)(A), substituted "section 3220" for "sections 3217 and 3219".

Subsec. (b). Pub. L. 86–559, §1(16)(B), made officers of the Women's Army Corps eligible for consideration whenever the Secretary determines that a vacancy in a reserve grade below colonel is one that may be filled by an officer of the Women's Army Corps.

Subsec. (e). Pub. L. 86–559, §1(16)(C), added subsec. (e).

Section Referred to in Other Sections

This section is referred to in sections 123, 3363, 3388 of this title; title 32 section 310.

¹ See References in Text note below.