Failure of Selection for Promotion
The statutory procedure for promotion is a process of selection of the best-qualified officers from a group of generally outstanding officers. Selection boards consider a group of highly capable officers, which results in a certain number of individuals failing selection one or more times.
Federal Law
10 U.S. Code § 627: Officers on the active-duty list (ADL) in grades below O6 who are in or above a promotion zone and are considered but not selected for promotion are considered to have failed of selection for promotion.
10 U.S. Code § 629: Officers may be removed from a promotion list by the President. They are removed if the Senate does not give its advice and consent, or they may be removed if not appointed to a higher grade within 18 months of being on the promotion list. The President may extend the period for an additional 12 months, and officers so removed remain eligible for consideration for promotion but are considered to have failed of selection for promotion. If subsequently promoted, the officer may be granted the same date of rank, effective date for pay and allowances, and position on the ADL as if their name had not been removed.
10 U.S. Code § 14310: Officers may be removed from a promotion list by the President at any time before the date of promotion. They are removed if the Senate does not give its advice and consent, or they may be removed if not appointed to a higher grade within 18 months of being on the promotion list. The President may extend the period for an additional 12 months, and officers so removed remain eligible for consideration for promotion. If subsequently promoted, the officer may be granted the same date of rank, effective date for pay and allowances, and position on the reserve active status list (RASL) as if their name had not been removed.
10 U.S. Code § 14501: Reserve officers on the RASL below the grade of O6 are considered to have failed of selection for promotion in any of the following circumstances:
- They are in or above a promotion zone but are not selected for promotion by a mandatory promotion board.
- They decline a promotion when selected by a mandatory promotion board.
- They are removed from a promotion list.
10 U.S. Code § 630: Service Secretaries may discharge any officer on the ADL with less than 6 years of service or any O1 not qualified for promotion to the next grade.
10 U.S. Code § 14503: Service Secretaries may discharge any reserve officer with less than 6 years of service or any O1 not qualified for promotion to the next grade.
10 U.S. Code § 631, § 632: O2s, O3s, and O4s (other than Navy and Marine Corps Limited Duty Officers) who have twice failed for promotion shall be discharged. If eligible for retirement, that officer is retired. If retirement eligibility is within 2 years, that officer is retained until eligible and then retired. Retirement or discharge in this manner is considered involuntary.
10 U.S. Code § 14504, § 14505, § 14506: Reserve O2s, O3s, and O4s who twice fail selection for promotion shall be discharged.
10 U.S. Code § 14513: Reserve O2s, O3s, and O4s who are removed from active status for failure of selection for promotion are transferred to inactive status if Service Secretaries determine that the officer has skills required for mobilization needs or to the Retired Reserve if the officer qualifies and does not request not to be transferred. Otherwise, the officer is discharged.
10 U.S. Code § 12646: Reserve commissioned officers on active status who is credited with at least 18 but less than 20 years of service may not be discharged or transferred from an active status without their consent before the earlier of two dates:
- The date on which they are credited with 20 years of service or
- The third anniversary (if credited with at least 18 but less than 19) or the second anniversary (if credited with at least 19 but less than 20) of the date on which they would otherwise be discharged or transferred from an active status. Officers so retained are in addition to the number otherwise authorized. These provisions do not apply to commissioned warrant officers or to officers who are transferred from an active status for physical disability, for cause, or because they have reached the age of mandatory transfer from active status.
Reserve commissioned officers on active duty who would otherwise be removed from an active status or full-time National Guard duty for failure of selection and are within 2 years of qualifying for retirement may be retained on that status at the discretion of the Service Secretaries. The period may not exceed 2 years. The officers may be retained on active duty or full-time National Guard duty only if at the end of the continuation period they will be qualified for retirement and they will not reach the age of mandatory transfer from active status. Officers retained on active duty or full-time National Guard duty may not be removed from an active status while on that duty.
DoD Policy
DODI 1320.08: Service Secretaries must ensure reports from continuation boards that consider officers on the ADL identify commissioned officers in the grade of O-4 not selected for continuation who are within 4 years of qualifying for retirement on the date they are required to be discharged. They must certify that not continuing such officers is in the best interest of the Military Service.
Each commissioned officer continued on the ADL and each Reserve officer continued on the RASL who is not subsequently promoted or is not on a list of officers recommended for continuation or for promotion to the next higher grade, will, unless sooner retired or discharged, be retired or discharged or will be retired, discharged, or transferred from active status.
Air Force Policy
AFI 36-2501. Generally, subject to SECAF approval, fully qualified active duty captains and majors identified for separation because of twice failing promotion to the next higher grade are eligible for continuation, unless the officer can retire, or is in the retirement sanctuary, as a commissioned officer by the mandatory date of separation for the associated promotion board. EXCEPTION: Officers possessing a critical skill may be offered continuation beyond their mandatory retirement date. Individuals not selected, or those who decline the continuation offer, will revert to their previous sanctuary or retirement status. Commanders, based on mission essential needs, can also request the continuation of lieutenant colonels or colonels past mandatory date of separation.
AFI 36-2504. A Reserve of the Air Force (ResAF) first lieutenant, twice deferred for promotion to captain, will be separated from the ResAF not later than the first day of the seventh month after the month the President approved the board report of the board that considered the officer for the second time. EXCEPTION: The SAF may retain the officer to meet planned mobilization needs. This may not exceed 24 months from the date the President approves the report of the board that considered the officer for the second time. A captain, twice deferred for promotion to major and not in a continued status, will be separated from the ResAF not later than the first day of the seventh month after the month the President approved the board report of the board that considered the officer for the second time. A major, twice deferred for promotion to lieutenant colonel and not in a continued status, will be removed from the RASL on the first day of the month after the month the officer completes 20 years of commissioned service.
Army Policy
AR 600-8-29: Officers on the ADL who have twice failed selection for promotion to O3, O4 or O5, shall be separated (under AR 600-8-24), retired if eligible, retained for up to 2 years if eligible for retirement within 2 years, or selectively continued.
An officer whose name is removed from a promotion list to 1LT as a result of actions by the SECARMY (or designee) will be discharged in accordance with AR 600—8—24.
AR 135-155: For reserve officers found not qualified for promotion to 1LT a final determination will be made by area commanders for unit officers and overseas residents or CDR, HRC St. Louis for all others. The officer must be retained on the RASL for a minimum of 6 months after the date he/she would have been promoted had the officer been found qualified. At the end of this 6-month period, a determination will be made as to whether the officer will be discharged or retained in an active status. If the officer is to be discharged he/she will be discharged per AR 135-175 for USAR officers, or NGR 635-100 for ARNG officers. An officer retained in an active status after being found not qualified for promotion to 1LT may be reconsidered for promotion if the reason for disqualification is resolved. An officer disqualified for promotion and later determined qualified will be promoted. The officer, if not discharged or promoted sooner, will be discharged no later than 18 months from the date on which the officer is first found not qualified for promotion, but in no case later than 42 months after the officer's original appointment. Discharge will be made without regard to remaining military service obligation.
Navy Policy
SECNAVINST 1920.7B: The Navy may selectively continue officers to meet needs subject to minimums and maximums set in law and policy. If O3s or O4s are within 2 or 6 years of retirement, respectively, they may be continued until eligible for retirement. Deferral of mandatory retirement of officers on the ADL may not extend beyond 62 years of age or be more than 5 years of continued service.
MILPERSMAN 1420.050: Officers who are in or above the promotion zone but not selected for promotion shall be considered to have failed selection for promotion. Officers in grades O3 through O5 who have failed twice for promotion to the next grade shall be discharged unless selected for continuation.
Marine Corps Policy
An officer in a grade below colonel who is in or above the promotion zone established for the grade and competitive category under 10 U.S. Code § 574, § 623, and § 14302 and is considered but not selected for promotion by a selection board convened under 10 U.S. Code § 573, § 611(a), and § 14101(a) shall be considered to have failed of selection for promotion.
Such officers will continue to be considered by subsequent selection boards until they retire, separate, or are selected for promotion. First lieutenants who twice fail of selection to captain will be separated and not considered by subsequent boards, or moved to the Reserve active-status list and be considered by the appropriate Reserve promotion board. Officers who have twice failed of selection for promotion may be subject to mandatory separation, retirement, or removal from the Reserve Active-Status List unless they are continued (see paragraph 2007).
Failures of selection do not carry over between competitive categories (i.e. active duty failures do not carry over to the Reserve component). Once an officer has failed of selection in one competitive category, that failure of selection is maintained in that competitive category only.
For special selection boards: An officer who was not considered for promotion by a regularly scheduled selection board (administrative error) and is not recommended for promotion by the SSB shall be considered to have failed of selection for promotion to the next higher grade. However, an officer who fails of selection by a regularly scheduled selection board because the board considered the officer in an unfair manner, and is not recommended for promotion by a special selection board, will not incur an additional failure of selection.
Both active duty and Reserve officers above the grade of captain who have twice failed of selection to the next higher grade remain eligible for promotion so long as the officers are
on the active-duty list or Reserve active-status list at the time the board convenes and do not have an established separation or retirement date that is within 90 days after the date the board convenes (See paragraph 2006).