--- kind: "range" citation: "10 U.S.C. §§ 14504–14506" title: "10" from: "14504" to: "14506" count: 3 release: "119-102" url: "https://uscodex.org/usc/10/14504..14506" --- # §14504. Effect of failure of selection for promotion: reserve first lieutenants of the Army, Air Force, and Marine Corps and reserve lieutenants (junior grade) of the Navy - (a) **General Rule.—** A first lieutenant on the [reserve active-status list](/usc/10/101.md?p=c-7) of the [Army](/usc/10/7001.md), Air Force, or Marine Corps or a lieutenant (junior [grade](/usc/10/101.md?p=b-7)) on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Navy who has failed of selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7) for the second time and whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) shall be separated in accordance with [section 14513 of this title](/usc/10/14513.md) not later than the first day of the seventh month after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public. - (b) **Exceptions.—** [Subsection (a)](#a) does not apply (1) in the case of an [officer](/usc/10/101.md?p=b-1) retained as provided by regulation of the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned in order to meet planned mobilization needs for a period not in excess of 24 months beginning with the date on which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public, or (2) as provided in section [12646](/usc/10/12646.md) or [12686](/usc/10/12686.md) of this title. - (c) **Officers in Grade of First Lieutenant or Lieutenant (Junior Grade) Found Not Fully Qualified for Promotion.—** For the purposes of this chapter, an [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Air Force, or Marine Corps on a [reserve active-status list](/usc/10/101.md?p=c-7) who holds the [grade](/usc/10/101.md?p=b-7) of first lieutenant, and an [officer](/usc/10/101.md?p=b-1) of the Navy on a [reserve active-status list](/usc/10/101.md?p=c-7) who holds the [grade](/usc/10/101.md?p=b-7) of lieutenant (junior [grade](/usc/10/101.md?p=b-7)), shall be treated as having failed of selection for promotion if the Secretary of the military [department](/usc/10/101.md?p=a-6) concerned determines that the [officer](/usc/10/101.md?p=b-1) would be eligible for consideration for promotion to the next higher [grade](/usc/10/101.md?p=b-7) by a [selection board](/usc/10/1558.md?p=b-2-A) convened under [section 14101(a) of this title](/usc/10/14101.md?p=a) if such a board were convened but is not fully qualified for promotion when recommending for promotion under [section 14308(b)(4) of this title](/usc/10/14308.md?p=b-4) all fully qualified [officers](/usc/10/101.md?p=b-1) of the [officer](/usc/10/101.md?p=b-1)’s armed force in such [grade](/usc/10/101.md?p=b-7) who would be eligible for such consideration. # §14505. Effect of failure of selection for promotion: reserve captains of the Army, Air Force, and Marine Corps and reserve lieutenants of the Navy Unless retained as provided in section [12646](/usc/10/12646.md) or [12686](/usc/10/12686.md) of this title, a captain on the [reserve active-status list](/usc/10/101.md?p=c-7) of the [Army](/usc/10/7001.md), Air Force, or Marine Corps or a lieutenant on the [reserve active-status list](/usc/10/101.md?p=c-7) of the Navy who has failed of selection for promotion to the next higher [grade](/usc/10/101.md?p=b-7) for the second time and whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) and who has not been selected for continuation on the [reserve active-status list](/usc/10/101.md?p=c-7) under section [14701](/usc/10/14701.md) or [14701a](/usc/10/14701a.md) of this title, shall be separated in accordance with [section 14513 of this title](/usc/10/14513.md) not later than the first day of the seventh month after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public. # §14506. Effect of failure of selection for promotion: reserve majors of the Army, Air Force, and Marine Corps and reserve lieutenant commanders of the Navy Unless retained as provided in section [12646](/usc/10/12646.md), [12686](/usc/10/12686.md), [14701](/usc/10/14701.md), [14701a](/usc/10/14701a.md), or [14702](/usc/10/14702.md) of this title, each [reserve](/usc/10/101.md?p=c-6) [officer](/usc/10/101.md?p=b-1) of the [Army](/usc/10/7001.md), Navy, Air Force, or Marine Corps who holds the [grade](/usc/10/101.md?p=b-7) of major or lieutenant commander who has failed of selection to the next higher [grade](/usc/10/101.md?p=b-7) for the second time and whose name is not on a list of [officers](/usc/10/101.md?p=b-1) recommended for promotion to the next higher [grade](/usc/10/101.md?p=b-7) shall, if not earlier removed from the [reserve active-status list](/usc/10/101.md?p=c-7), be removed from that list in accordance with [section 14513 of this title](/usc/10/14513.md) on the later of (1) the first day of the month after the month in which the [officer](/usc/10/101.md?p=b-1) completes 20 years of commissioned service, or (2) the first day of the seventh month after the month in which the [Secretary concerned](/usc/10/101.md?p=a-9) releases the promotion results of the board which considered the [officer](/usc/10/101.md?p=b-1) for the second time to the public.