§8363. Commissioned officers: selection boards; general procedure

(a) An officer in a reserve grade above second lieutenant may not be considered for promotion, or examined for Federal recognition in the next higher grade, until he completes the following number of years of service, computed under section 8360(e) of this title, in his current reserve grade:

(1) First lieutenant-two years.

(2) Captain-four years.

(3) Major-four years.

(4) Lieutenant colonel-three years.

(5) Colonel-one year.

(6) Brigadier general-one year.

This subsection does not apply to an adjutant general or assistant adjutant general of a State or Territory, Puerto Rico, or the District of Columbia who holds his reserve grade solely because of his position as adjutant general or assistant adjutant general.

(b) An officer may not be considered by a selection board for promotion under this chapter more than two years, if in a reserve grade below colonel, or more than one year, if in a reserve grade above lieutenant colonel, before the date on which it is anticipated that he will be promoted if recommended by the selection board.

(c) Except for officers being considered under section 8366, 8372, or 8373 of this title, and except for deferred officers who may not be considered at that time, an officer may not be considered by a selection board for promotion unless the board considers all officers who are senior to him in his reserve grade and who are not on a recommended list.

(d) The names of officers recommended by a selection board for promotion shall be placed on a recommended list of their grade below the names of those recommended by earlier selection boards and in the same order among themselves as existed when they were considered by the selection board. A name so placed on a list shall be carried thereon until the officer is promoted to the grade for which he is recommended or until his name is removed under another provision of this chapter.

(e) Except as provided in section 8366(c), 8372, 8374, or 8379 of this title or subsection (f) or (g) of this section, a reserve officer whose name is on a recommended list may not be promoted ahead of any officer whose name precedes his on that recommended list.

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

(g) The promotion of a reserve commissioned officer who is under investigation or against whom proceedings of a court-martial or a board of officers are pending may be delayed until the investigation or proceedings are completed. However, a promotion may not be delayed under this subsection for more than one year after the date he is selected for promotion unless the Secretary of the Air Force determines that a further delay is necessary in the public interest.

(Added Pub. L. 85–861, §1(178)(C), Sept. 2, 1958, 72 Stat. 1522 ; amended Pub. L. 86–559, §1(52), June 30, 1960, 74 Stat. 275 ; 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 8351 of this title.

Historical and Revision Notes

Revised section	Source (U.S. Code)	Source (Statutes at Large)
8363(a) 8363(b) 8363(c) 8363(d) 8363(e)	50:1331(b)(2). 50:1336(a). 50:1337. 50:1338(b). 50:1338(c) (less last sentence). 50:1338(c) (last sentence).	Sept. 3, 1954, ch. 1257, §§501(b)(2), 502(d), 506(a), 507, 508 (less (a)), 68 Stat. 1171 , 1173, 1174; June 30, 1955, ch. 247, §4(b), (d), (e), 69 Stat. 219 .
8363(f)	50:1332(d).

In subsection (a), 50:1331(b)(2) and the words "by a Federal recognition board", in 50:1336(a), are omitted as surplusage.

In subsection (c), the words "for officers being considered" are substituted for the words "when it is considering officers". The words "an * * * may not be considered * * * unless" are substituted for the words "whenever * * * is being considered * * * the board shall consider". The words "in his reserve grade" are inserted for clarity.

In subsection (d), the words "of their grade" are inserted for clarity. The last sentence is substituted for 50:1338(c) (last 27 words of 1st sentence).

In subsection (f), 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".

Amendments

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

1960-Subsec. (c). Pub. L. 86–559, §1(52)(A), substituted "section 8366, 8372, or 8373" for "section 8372".

Subsec. (e). Pub. L. 86–559, §1(52)(B), substituted "or 8379 of this title or subsection (f) or (g)" for "8379, or 8380 of this title or subsection (f)".

Subsec. (g). Pub. L. 86–559, §1(52)(C), added subsec. (g).

Section Referred to in Other Sections

This section is referred to in sections 123, 8360, 8376 of this title.