Failure of Selection for Promotion:

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 but are 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 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 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 his 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 his 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 to be 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 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.

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DoD Policy

DODI 1320.08: Any officer not qualified to be promoted from the grade of O1 to the grade of O2 on the ADL or RASL shall be retained for at least 6 but not more than 18 months. The officer may be promoted during the retention period if he or she is found qualified for promotion. The officer may be discharged at any time after 6 months if still not qualified for promotion.

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Air Force Policy (AF Community of Practice Wiki)

AFPAM 36-2506: Officers not selected in the primary zone are given opportunity to be considered again by a second board (their first above-the-promotion zone (APZ) look). Officers not selected by a second board for captain or major are separated or retired. A selective continuation board may consider officers not selected the second time for major if the officers possess a critical skill, as determined by the Secretary of the Air Force. If the continuation board selects them, officers may remain on active duty for an initial 3-year period. Prior to expiration of the initial 3-year period, the Air Force considers officers for further continuation until they are eligible to retire, unless a board selects them for promotion during the initial continuation period. Selective continuation for captain and major is a board process and is not something for which an individual applies. Continued officers remain eligible for promotion consideration as long as they are on active duty and meet established promotion board criteria.

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Army Policy (Army Community of Practice Wiki)

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.

O1s who have failed to be promoted at the promotion eligibility date will be retained for six months. If at the end of six months that officer is still unqualified, the officer will be separated under provisions of AR 600-8-24.

AR 135-155: Reserve officers who fail of selection for promotion to O2 will not be considered for promotion unless retained in an active status.

Reserve officers who fail twice for promotion to O3, O4, or O5 will be removed from active status unless subsequently promoted, selected for continuation, or retained under another provision of law.

Reserve officers in the grade of O1 who are not qualified for promotion are retained on the RASL for a minimum of 6 months and a maximum of 18 months. At the end of this period, those officers still not qualified for promotion will be discharged.

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Navy Policy (Navy Community of Practice Wiki)

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 retirement-eligible. 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.

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Marine Corps Policy (USMC Community of Practice Wiki)

MCO P1400.31C, MARCORSEPMAN, Vol 1, OFFPROM: Officers below the grade of O6 who are in or above the promotion zone established for the grade and competitive category, and are considered but not selected for promotion, will continue to be considered by subsequent selection boards until they retire, separate, or are selected for promotion. O2s who twice fail selection to O3 will be separated and not considered by subsequent boards, or moved to the RASL and be considered by the appropriate.

Reserve officers who have twice failed of selection for promotion may be subject to mandatory separation, retirement, or removal from the RASL unless they are continued.