Page:United States Statutes at Large Volume 108 Part 4.djvu/299

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PUBLIC LAW 103-337 —OCT. 5, 1994 108 STAT. 2933 "(1) are eligible for consideration for promotion to the next higher grade; "(2) are in the same grade as those officers in the promotion zone for that competitive category; and "(3) are senior to the senior officer in the promotion zone for that competitive category. "(c) OFFICERS BELOW THE ZONE.—Officers on the reserve activestatus list are considered to be below the promotion zone for a grade and competitive category if they— "(1) are eligible for consideration for promotion to the next higher grade; "(2) are in the same grade as those officers in the promotion zone for that competitive category; and "(3) are junior to the junior officer in the promotion zone for that competitive category.

    • § 14303. Eligibility for consideration for promotion: minimum years of service in grade

"(a) OFFICERS IN PAY GRADES 0-1 AND 0-2. —An officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant as a reserve officer of the Army, Air Force, or Marine Corps, or in the grade of ensign or lieutenant (jimior grade) as a reserve officer of the Navy, may not be promoted to the next higher grade, or granted Federal recognition in that grade, until the officer has completed the following years of service in grade: "(1) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign. "(2) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenemt or lieutenant (junior grade). "(b) OFFICERS IN PAY GRADES 0-3 AND ABOVE.— Subject to subsection (d), an officer who is on the reserve active-status list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant, or who is on the reserve active-status list of the Navy in a grade above lieutenant (junior grade), may not be considered for selection for promotion to the next higher grade, or examined for Federal recognition in the next higher grade, until the officer has completed the following years of service in grade: "(1) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander. "(2) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of colonel or brigadier general or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of captain or rear admiral (lower half). This subsection does not apply to an adjutant general or assistant adjutant general of a State or to an appointment in a higher grade which is based upon a specific provision of law.