10 USC § 15106 - Failure of selection for promotion

---
identifier: "/us/usc/t10/s15106"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 15106 - Failure of selection for promotion"
title_number: 10
title_name: "ARMED FORCES"
section_number: "15106"
section_name: "Failure of selection for promotion"
chapter_number: 1413
chapter_name: "ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES"
part_number: "III"
part_name: "PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 247.)"
---


# § 15106. Failure of selection for promotion

**(a)** **In General.—** Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter.

**(b)** **Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—** The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).

**(c)** **Special Selection Board Matters.—** The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).

**(d)** **Effect of Failure of Selection.—** In the administration of this chapter pursuant to subsection (a)—

**1** an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) [^1] of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and

See References in Text note below.

**(2)** any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104.

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**Source Credit**: (Added Pub. L. 118–31, div. A, title V, § 514(a), Dec. 22, 2023, 137 Stat. 247.)

## Editorial Notes

### References in Text

, referred to in subsec. (d)(1), probably should be , which relates to officers twice failed of selection.  relates to officers considered but not selected due to material error.