Free Reply to Response to Motion - District Court of Federal Claims - federal

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Army Regulation

135-155

Army National Reserve

Guard and U.S,

Army

Promotion of Commissioned Officers and Warrant Officers Other Than General Officers

Headquarters Department of the Army Washington, DC 13 July 2004

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SUMMARY
AR 135-155 Promotion of Commissioned Officers This revision o dated 13 July Officers 2004--

of
and Warrant Officers

CHANGE
Other Than General

Replaces U.S. Army Reserve Personnel Command Command St. Louis throughout the regulation. Replaces AR-PERSCOM with HRC St. Louis Command

with

U.S. Army

Human

Resources

o o

throughout U.S,

the regulation. Human Resources Command

Changes U.S. Army Personnel throughout the regulation. Changes Replaces Replaces PERSCOM ODCSPER DCSPER

with

Army

o o o

to HRC throughout with DCS, with

the regulation~ the regulation. the regulation. a different a different office. office.

G-I throughout

DCS, G-I throughout statement

o Changes o Changes This o

supplementation suggested dated

to reflect with

improvements 24 October Officer

statement 2001-Personnel

revision

Incorporates Reserve the regulation. Revises promotion

Management

Act provisions

throughout

o o o

TIG dates

(table

2-1). for promotion (table 2-1), colonel (para 4-

Eliminates Eliminates I0). Establishes

time-in-service Senate

requirement

confirmation

for promotion

to lieutenant

o o

competitive

categories

for and

mandatory troop

promotions unit

(para position vacancy

Provides for Active Guard Reserve promotions (paras 2-13 and 2-14).

program

o

Adds new policy on special selection board advisory board consideration (para 3-19). Addresses Adds entry on active duty delay during

consideration

versus

promotion

o o

promotion

consideration 4-22).

(para

3-18).

policy

on voluntary

of promotion

(para

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o o

Discusses

declination

of promotion promotions

(para

4-28). vacancy promotion (paras 2-13

Replaces unit vacancy and 2-14)~

with position

o

Restricts promotion of Army Medical Department in below-grade positions and overstrength position to Medical Corps and Dental Corps officers (para 4-9). Requires a baccalaureate cases (para 2-9). degree for promotion to captain except in certain

o

o

Provides for evidence of required than the day before the selection Revises requirements requirements for de facto for transfer delay

civilian and military education not later board convening date (paras 2-8 and 2-9). status (para 3-18). 3-17 and throughout). 4-9).

o

o Changes

procedures procedure

(para for AGR

o Establishes o Establishes delay (para Revises 4-20).

an involuntary

officers(para after

date of rank and effective 4-9). for promotion

date of promotion

an involuntary

o

requirements

on transfer

to the

Retired

Reserve

(para

o

Adds procedures for promotion ceremonies for. the Reserve of the Army (para 5-3). revised formats for promotion delay

that specifically

preclude

frocking

o Includes o Lists

memorandums (figs

(figs

4-3 through

4-15).

a format format

for voluntary for

endorsement

4-16 and 4-17)) and 4-19). to captain, major, and

o Revises o

declination

endorsement

(figs

4-18

Changes format for second nonselection for promotion lieutenant colonel (figs 4-23 through 4-25). Prescribes a format for promotion ceremonies

o

(fig 5-1)

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Headquarters Department of the Army Washington, DC 13 July 2004 Army National

*Army Regulation 135-155
Effective Guard and U.S. Army Reserve 13 August 2004

Promotionof Commissioned Officers and Warrant Officers Other Than General Officers
USAR are in an active status. The who regulation does not apply to warrant officers (including commissioned warrant ofPETERJ. SCHOOMAKER ricers) of the ARNGUS, does it apply nor GeneraLUnHed StatesArTny to promotion tu Reserve general officer Ch~fofS~ff grades. Policies concerning promotions and Federal recognition of ARNGUS offiOfficial: cers within their State vacancypromotion systems will be under NGR 600-100, Promotion of warrant officers (including commissionedwarrant officers) of the ARNGUS be per NGR will 600-I01. ProJOEL B. HUDSON morionto Reserve general ofricer grades AdministrativeAssistantto the will be per AR135-I56. Secretary of the Amly Proponent and exception authority. The proponent of this regulation is the History. This publication is an Deputy Cldef of Staff, G-I. The Deputy administrative revision. The portions Chief of Staff, G-1 has the authority to al~bctedby this administrativerevision are approve exceptions or waiversto this reglisted in the summary change. of ulation that are consistent withcontrolling Summary. This regulation provides pol- law and regulations. The proponent may icy for selecting and promotingcommis- delegate this approval authority, in writsioned officers of both the Army National ing, to a division chief within the propoor Guard of the United States (AP~NGUS)nent agency its direct reporting unit or and the U.S. ArmyReserve (USAR),and field operating agency, in the grade of warrant officers of the USAR. This regu- colonel or the civilian equivalent. Activities mayrequest a waiver to this regulalation also covers promotioneligibility and qualification requiremer=ts, board tion by providing justification that schedules and procedures, and procedures includes a fi~ll analysis of the expected benefits and must include formal review on processing selection board of the activity's senior legal o~cer. All recommendations. waiver requests will be endorsed by the Applicability. Tlds regulation applies to commander senior leader of the requor commissionedofficers (except commis- esting activity and for~varded through sioned warrant officers) of tge AP.-NGUStheir higher headquarters to the policy and the USAR the Reserve Active Sta- proponent.Refer to AR on 25-30 for specific tus List (RASL), to warrant ofricers guidance. and (whetber or not commissioned) of the Army management control process. Byo~erofthe Secre~ oftheArmy: This regulation contains management control provisions in accordance with AR 11-2, but it does not identi~¢ key managementcontrols that must be evaluated. Supplementation. Supplemetuation of this regulation and establishment of command local formsare prohibited withand out prior approval from HQDA, Deputy Chief of Staff, G-I, Submitrequests to Deputy Chief of Staff, G-l, ATTN: DAPE-MPO-D, 300 Army Pentagon, Washington, DC 20310-0300. Suggested improvements. Users are invited to send comments suggested and improvements on DAForm 2028 (Recommended Changes to Publications and Blank Forms)directly to DeputyCbief of Staff, G-l, ATTN: DAPE-MPO-D, 300 Army Pentagon, Washington. DC 20310-0300. Distribution. This publication is available in electronic media only and is intended for command levels B, C, D, and E for the Active Army;and A, B, C, D, and E for the Army National Guardof the United States and for the U,S. Army Reserve.

Contents (Listed by paragraph pagenumber) and Chapter 1 Introduction, page 1 Purpose ¯ I-I, page 1 l~.efercnces ¯ 1-2, page 1 Explanation of abbreviations

and terms ¯ I-3, page 1

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AR 135-155 ° 13 July 2004

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Contents--Continued Responsibilities ¯ 14, page 1 Approving promotion board recommendations ¯ 1-5, page 1 Proinotion autbority ¯ 1-6, page l Employurent and volunteer work of officers' spouse ¯ I-7, page 1 Chapter 2 Promotion Eligibility

and Qualification

Requirements, page 2

Section I General, page 2 Consideration without hoard action ¯ 2-I, page 2 Service computation - 2-2, page 2 Section H Eligibilio~ for Consideration attd General Qualifications Jbr Selection, page 2 Precedence or relative rank of commissioned officers ¯ 2-3, page 2 Date of rank of 1LTs and above on placement on the RASL¯ 2-4, page 2 Eligibility for consideration ¯ 2-5, page 3 Inactive and active status ¯ 2-6, page 3 Selection criteria ¯ 2-7, page 3 Military educational requirements ¯ 2-8, page 3 Civilian education requirements ¯ 2-9, page 4 Section HI Board Considerations, page 5 Mandatory selection boards ¯ 2-10, page 5 Consideration for promotion to colonel ¯ 2-11, page 5 Consideration or promotion to CW5 2-12, page 6 ¯ USAR troop program unit position vacancy selection boards * 2-I3, page 6 USAR AGRposition vacancy selection boards ¯ 2-14, page 7 Exceptions ¯ 2-I5, page 9 Chapter 3 Board schedules and procedures, page I0 Section I General, page 10 Convening authority ¯ 3-I, page 10 Zone of consideration lists ¯ 3-2, page 11 Furnishing records ¯ 3-3, page I1 Notice of consideration ° 3-4, page 11 Section H Selection Board Procedures, page 12 Board schedules ¯ 3-5, page 12 Responsibilities * 3~5, page 12 Selection ¯ 3-7, page 12 Composition of selection boards ¯ 3-8, page 12 Appointment of recorders ¯ 3-9, page 13 Instructions to the board ¯ 3-10, page 13 Conduct of board members ¯ 3-11, page 14 Information provided to boards ¯ 3-12, page 14 Individual communications with the board ¯ 3-13, page 16 Method of selection ¯ 3-14, page 16 Guidance for the board ¯ 3-15, page 16 Selection board recommendations ¯ 3-16, page 17

AR135-155 * 13 July 2004

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Contents--Continued Removal from a selection board report ¯ 3-17, page 17 Removal from a promotion list ¯ 3-18, page 18 Section 1II Promotion Reconsideration Boards, page 20 General ¯ 3-19, page 20 lnfomaation provided to special selection boards ¯ 3-20, page 21 Processing requests for special selection board consideration for all Reserve officers nonselected under statutory procedures on or after 1 October 1996 (not applicable to warrant officers) ¯ 3-21, page 21 Correction of military records as a result of a special selection board action ¯ 3-22, page 22 Processing requests for promotion advisory board consideration ¯ 3-23, page 22 Chapter 4 Processing Selection

Board Recommendations, page 22

Section 1 General page 22 Promotion lists ¯ '4.-1, page 22 Release of selection board reports ¯ 4-2, page 22 Change of address or Reserve component status ¯ 4-3, page 22 Entry on active duty during promotion consideration ¯ 4-4, page 23 Army National Guard of the United States promotion ¯ 4-5, page 23 Promotion on transfer ¯ 4-6, page 23 Postlmmous promotion ° 4-7, page 23 Promotion after initially being found not qualified ° 4-8, page 23 Officers selected for promotion ¯ 4-9, page 23 Promotion requiring U.S. Senate confirmation ¯ 4-10, page 24 Section II Selected./br Promotion, page 24 General ¯ 4-11, page 24 Medical examination ¯ 4-12, page 25 Security screening ¯ 4-13, page 25 Promotion announcement ¯ 4-14, page 25 Section llI Dates of Promotion, page 26 General ¯ 4-15, page 26 Promotion to first lieutenant ¯ 4-16, page 26 Promotion eligibility date and date of rank ° 4-17, page 26 Date of rank and effective date of promotion after an involuntary delay ° 4-18, page 26 Selection after first nonselection ¯ 4-I9, page 27 Selection and transfer to the Retired Reserve ¯ 4-20, page 27 Effective dates ¯ 4-21, page 27 Section IV Vohmtat y Delay of Promotion, page 28 Policy ¯ 4-22, page 28 Approval authority ° 4-23, page 28 Period of voluntary delay ¯ 4-24, page 28 Promotion lists ¯ 4-25, page 28 Procedures ¯ 4-26, page 29 Expiration of voluntary delay period ¯ 4-27, page 29 General ¯ ~-g-28, page 29

AR 135-155° 13 July 2004

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Contents--Continued Section V ~Vonselection Jbr Promotion, page 29 General ¯ 4-29, page 29 Mandatory consideration nonselection policy ¯ 4-30, page 29 Not qualified for promotion ¯ 4-31, page 30 Nonselection notification procedures ¯ 4-32, page 30 Action resulting from nonselection ¯ 4-33, page 30 Selective continuation ¯ 4--34. page 31 Chapter 5 Issuance of Promotion CommissionCertificates, General ¯ 5-1, page 81 Procedures for requesting certificates ¯ 5-2, page 81 Promotion ceremonies ¯ 5-3, page 8I Frocking ¯ 5-4, page 81 Appendixes A. References, B. page 83 Colonels Previously Not Selected for

page 81

Position Vacancy Promotion to the Grade of Colonel of Lieutenant Promotion by a Mandatory Promotion Board, page 84

Table List Table 2-1: Time in grade requirements commissioned officers, other than commissioned warrant officers, page 9 Table 2-2: Military educational requirements commissionedofficers, other than commissionedwarrant officers grade, page 9 Table 2-3: Warrant officer time in grade and military education requirements, page 10 Figure List Figure 4-1: Format For Furnishing Reserve Selection Board Results To Gaining Command (Selection), page 33 Figure '4-2: Format For Furnishing Reserve Selection Board Results To Gaining Command (Nonselection), page 34 Figure 4-3: Format For Promotion Memorandum (IRR And IMA Officers, Excluding Commissioned Warrant Officers), page 35 Figure '4-3: Format For Promotion Memorandum(IRR And IMA Officers, Excluding Commissioned Warrant Officers) -- Continued, page 36 Figure 4~,: Format For Promotion Memorandum(Unit Officers, Excluding Commissioned Warrant Officers), page 37 Figure 4-4: Format For Promotion Memorandum (Unit Officers, Excluding Commissioned Warrant Officers) Continued, page 38 Figure 4-5: Format for Promotion Memorandum(AGR Officers, Excluding Commissioned Warrant Officers), page 39 Figure "4--5: Format for Promotion Memorandum (AGROfficers, Excluding Commissioned Warrant Officers) Continued, page 40 Figure 4-6: Format for Promotion Memorandum a Reserve Commissioned Warrant Officer of the Army: CW2, as CW3, or CW4, page 41 Figure '-I-6: Format for Promotion Memorandum a Reserve Commissioned Warrant Officer of the Army: CW2, as CW3, or CW4-- Continued, page 42 Figure 4-7: Format for Promotion Memorandum a Reserve Commissioned Warrant Officer of the Army: CW5, as page 43 Figure 4-7: Format for Promotion Memorandum a Reserve Commissioned Warrant Officer of the Army: CW5 as -Continued, page 44 Figure 4-8: Memorandum Format for Notification of Selection for Promotion--AGR Officers to the Grade of CPT, MAJ and LTC, page 45 Figure '4-8: Memorandum Format for Notification of Selection for Promotion--AGR Officers to the Grade of CPT, MAJ and LTC -- Continued, page 46

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Contents--Continued Figure 4-9: Memorandum Format for Notification of Selection for Promotion--AGt~ officers to the grade of COL, page 47 Figare '4-9: Memorandum Format for Notification of Selection for Promotion--AGRofficers to the grade of COL -Continued, page 48 Figure 4-10: Memorandum Format for Notification of Selection for Promotion--AGRWarrant Officers to the Grade of CW3, CW4, page 49 Figure '4-10: Memorandum Format for Notification of Selection for Promotion--AGRofficers to the grade of COL -- Continued, page 50 Figure 4-1 I: Memorandum Format for Notification of Selection for Promotion--TPU Officers to the Grade of CPT, MAJ, LTC, page 51 Figure 4-1 I: Memorandum Format for Notification of Selection for Promotion~TPUOfficers to the Grade of CPT, MAJ, LTC -- Continued, page 52 Figure 4-12: Memorandum Format for Notification of Selection for Promotion--TPU Officers to the Grade of COL, page 53 Figure ~-~-12: Memorandmn Format for Notification of Selection for Promotion--TPU Officers to the Grade of COL -- Continued, page 54 Figure '4-13: Memorandum Format for Notification of Selection for Promotion--TPU Warrant Officers to the Grade of CW3, CW4, page 55 Figure 4-13: Memorandum Format for Notification of Selection for Promotion--TPU Warrant Officers to the Grade of CW3, CW4-- Continued, page 56 Figure 4-14: Memorandum Format for Notification of Selection for Promotion---Officers Assigned to Control Group (Doal Component), page 57 Figure 4-15: Memorandum Format for Notification of Selection for Promotion--CW5, page 58 Figure 4-15: Memorandum Format for Notification of Selection for Promotion--CW5 -- Continued, page 59 Figure 4-16: Format for voluntary promotion delay endorsement--TPU Officer CW2, CW3, CW4, 1LT, CPT, MAJ, LTC, page 60 Figure 4-16: Format for voluntary promotion delay endorsement--TPU Officer CW2, CW3, CW4, ILT, CPT, MAJ, LTC -- Continued, page 61 Figure '4.-17: Fomaat for voluntary promotion delay endorsement--IRSUIMA Officer CW2, CW3, CW4, ILT, CPT, MAJ, LTC, page 62 Figure 4--17: Format for voluntary promotion delay endorsement--IRR/IMA Officer CW2, CW3, CW4, ILT, CPT, MAJ, LTC -- Continued, page 63 Figure "4-18: Format for Promotion Declination Endorsement CW2, CW3, ILT, CPT, MAJ, page 64 Figure 4-19: Format for Promotion Declination Endorsement CW4and LTC, page 65 Figure 4-20: Memorandum Format: First Nonselection for Promotion to CW3, CW4, CPT, MAJand LTC--Reasons Other Than Not Educationally Qualified, page 66 Figure 4--20: Memorandum Format: First Nonselection for Promotion to CW3, CW4, CPT, MAJand LTC~Reasons Other Than Not Educationally Qualified -- Continued, page 67 Figure 4-21: MemorandumFomaat: First Nonselection for Promotion to CW3, CW4, CPT, MAJand LTC--Not Educationally Qualified, page 68 Figure 4-21: MemorandumFormat: First Nonselection for Promotion to CW3, CW4, CPT, MAJ and LTC--Not Educationally Qualified -- Continued, page 69 Figure "o,-22: MemorandumFormat for Second Nonselection for Promotion to CW3and CW4, page 70 Figure 4-22: Memorandum Format for Second Nonselection for Promotion to CW3 and CW4 Continued, page 71 -Figure '4-23: Memorandum Format for Second Nonselection for Promotion to CPT, MAJ, and LTC--Continuation Not Authorized, page 72 Figure 4-23: Memorandum Format for Second Nonselection for Promotion to CPT, MAJ, and LTC--Continuation Not Authorized -- Continued, page 73 Figure 4-24: Memorandum Format for Second Nonselection for Promotion to MAJ and LTC--Continuation Authorized, Officer Not Recommended, page 74 Figure 4-24: Memorandum Format for Second Nonselection for Promotion to MAJand LTC--Continuation Authorized, Officer Not Recommended-- Continued, page 75 Figure 4-25: MemorandumFormat for Second Nonselection for Promotion to MAJ and LTC -- Continuation Authorized, Officer Recommended, page 76 Figure 4-25: MemorandumFormat for Second Nonselection for Promotion to MAJ and LTC -- Continuation Authorized, Officer Recommended-- Continued, page 77

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Contents--Continued Figure 4-26: MemorandumFormat for Nonselection for Promotion to CW5and COLReasons Other Than Not Educationally Qualified, page 78 Figure 4-27: Memorandum Fomaat for Nonselection for Promotion to COLNot Educationally Qualified, page 79 Figure 4-27: MemorandumFormat for Nonselection for Promotion to COL--Not Educationally Qualified -Continued, page 80 Figure 5-1: Recommendedformat for promotion ceremonies, page 82 Glossary

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Chapter 1 Introduction 1-1. Purpose a. Tbis regulation prescribes policy and proceduresused for selecting and promotingcommissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) of commisand sioned and warrant officers (WO) the U.S. Army of Reserve (USAR). This regulation supports the objectives of Army's officer promotion systemthat provides for career progression basedon recognition of an officer's potential to serve io positions of increasedresponsibility. Specialprovisionsthat applyto active, retired, anddischarged soldiers of the U.S. Arnayare indicated in paragraph 5-1. b. Commissioned officers appointed to or from assignment to the ArmyMedical Department(AMEDD), Chaplains (CH), and the Judge Advocate General's Corps(JAGC) will not be promoted before promotion,the officer receives if, a new original appointment with assignment to a branch other than the branch or corps to which assigned when considered for promotion. c. NGR 600-100 and NGR 600-101 govern Federal recognition of State position vacancy promotions of ARNGUS officers and WOs. d. Promotions chief warrant officer t~vo (CW2), to chief warrant officer three (CW3),chief warrant officer (CW4), chief warrant officer five (CW5) a Reserveof the Army or as will be madeby commission the Secretary by the Army. 1-2. References Required and related publications and prescribed and referenced forms arc listed in appendix A. 1-3. Explanation of abbreviations and terms Abbreviations and terms used in this regulation are explained in the glossary. 1--4. Responsibilities a. The Secretaryof the Army will serve as the senior official on matters concerningofficer promotions. (SA) Unless other~vise specified in this regulation, the Assistant Secretary of the Army (Manpower Reserve Affairs) (ASA and (M&RA)) the designee of the is b. The DeputyChief of Staff, G-1 (DCS,G-l) will serve as the senior Army policy official for the Reserveof tbe Army officer promotion system and will provide Army supervision of the Reserve of the Army officer promotion poficy formulation, procedures, goals, architecture, and standards. c. The Chief, National GuardBureau (CNGB) the Chief, Army and Reserve (CAR) will recommend desired changes of promotion policy to the DCS,G-I. d. The Judge AdvocateGeneral (TJAG) will, on request, review Departmentof the Army (DA)promotionpolicy verify the legality of proposedchangesand inquiries. 1-5. Approving promotion board recommendations Promotion boards makerecommendations the President of the United States, whois the approval authority for all to commissioned officer (except commissioned warrant officer) promotions. Promotionsto the grade of colonel (COL) and approvedby the President must be confirmedby the Senate (10 USC 12203(a)). The SAhas authority to approve or disapprove promotionboard reports for warrant officer promotionsand for all selective continuation boards. 1-6. Promotion authority Authorityto administratively issue Reserveof the Army promotion memoranda officers serving in an active status for on the Reserve Active Status List (RASL) USAR and warrant officers (to include commissioned warrant officers), serving in an active status, not on the Active Duty List (ADL) assigned tois o. HRC Louis (AHRC-PSP-A), officers (to include USAR St. for warrant and commissioned warrant officers) under their jurisdiction, except for promotionto CW5. b. CDR,HRC,Office of Promotions, (Reserve Components) (RC), (AHRC-MSL), (l) USAR. officers serving on Active GuardReserve (AGR)status. (2) Individual ReadyReserve and Control GroupStandbyReserve (Active Status List) officers. (3) USAR officers released from AD the grade of COL below, and not under the jurisdiction of an area in and commander. (4) USAR officers selected for promotion to CW5. c. Chief, National Guard Bureau, for ARNGUS officers, to include ARNGUS officers. AGR 1-7, Employment volunteer work of officers' spouse and Neither the marital status of an officer by itself, nor the employment, educational pursuits, or volunteer service

,04

1

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activities of the officer's spouse maybe considered in determining whether or whento recommend officer for an promotion. Commanders, board members, others involved in promotiondeterminations will not consider information or in personnelfiles regarding such factors.

Chapter 2 Promotion Eligibility SectionI General

and Qualification

Requirements

2-1. Consideration without board action Anofficer in the grade secondlieutenant (2LT)or a USAR warrant officer in the grade of WO will be considered for I promotionwithout review by a selection board. The officer's records will be screened to determine eligibility for promotion to the next higher grade far enoughin advance to permit promotion on the date promotion service is completed(table 2-I or table 2-3). The records of ARNG officers ;vill be screened and promotionsaccomplished unit by the CNGB. records of USAR The unit officers will be screened and promotions accomplishedby CDR, t~RCSt. Louis, ATTN: AHRC-PSP. USAR For nonunit and AGR officers, records will be screened and promotions accomplished by CDR, HRC,Office of Promotions, (RC), ATTN:AHRC-MSL. 2-2. Service computation Service requirements listed in tables 2-1 and 2-3 will be computedaccording to the following-a. Warrantqfficers. Promotionservice is computed based on time-in-grade (TIG) performedin the current permanent WO grade. As of 1 October 1986, service performed in the equivalent temporary (AUS)WO grade held at the time of the individual's most recent appointmentin the Reserve of the Army will be credited. b. Commissioned officers. Promotionto captain (CPT)and above requires a minimum numberof years TIG. If officer received service credit for prior commissioned service and/or constructive service credit on appointment,the officer's date of rank was determinedunderAR135-100,and therefore controls the computation the officer's TIG. of SectionII Eligibility for Consideration GeneralQualifications for Selection and

2-3. Precedence relative rank of commissioned or officers a. Precedence relative rank of commissioned or officers, whetheror not on active duty, is basedfirst on grade. Rank among officers of the samegrade is determinedby comparingdate of rank (DOR).Anofficer whoseDOR earlier is than that of another officer of the sameor equivalent grade is senior to that officer. Therules allow determinationof precedenceand relative rank among different categories of commissioned officers (for example, retired, ADL, and IL~.SL). b. Exceptas provided in c, below, precedenceor relative rank among commissioned officers on the RASL based is on the following criteria, in the order given(I) Currant grade in which serving on tile RASL. (2) Cun'ent (3) Previous grade's date of rank or, if the same, the date of rank in an earlier grade. (4) Previousactive status grade relative seniority, if applicable. This rule maintains the relative precedenceand seniority, as it existed in a prior service grade. (5) Total active coinmissionedservice. (6) Total Federal commissioned service or date of appointmentas a commissioned officer. (7) Date of birth (age takes precedence). (8) Alphabeticalorder. c. The governing regulation for establishing DOR all officers serving on the ADL AR600-8-29. for is 2-4. Date of rank of lETs and above on placement on the RASL a. Anofficer's date of rank on original appointment is detemfined per AR135-100. b. Anofficer on the active duty list (ADL) has been selected for promotionbut whohas not been promoted who the time the officer transfers to the Reserve active--status list (RASL) tile samecompetitive in category, will be placed on an appropriate Reserveof the Army promotionlist. The effective date of promotionand date of rank will be the sameas if the officer had been selected to the same grade by a promotion board for RASL officers. However, the Secretary of the Army set the date of rank if he or she determinesan inequity in the foregoingprocedureexists. may c. Commissioned officers in the grade of ILT or above whoreceived entry grade credit at the time of their most

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CDR,HRC,Chief, Office of Promotions (RC), ATTN:AHRC-MSL-NS, Page Avenue, St. Louis, Me631329700 5200. 3-22. Correction of military records as a result of a special selection boardaction If the report of a special selection board, approvedby tile President, recommends promotionto the next higher for grade an officer not currently eligible for promotion, a formerofficer whose or name referred to it, the SAmay was act through the Army Boardfor Correction of Military Records(ABCMR) correct the military record of the officer to formerofficer to correct an error or remove injustice resulting fromnot being selected for promotion the board an by which should have considered, or which did consider, the officer (10 USC 14502(e)(3)). 3-23. Processingrequests for promotionadvisory board consideration a, Paragraphs3-19 through 3-2I also apply to all Reserveofficers nonselccted for mandatory promotionbefore 1 October 1996 and all warrant officers, regardless of the date nonselected for promotion to CW3,CW4 CW5. or Promotionconsideration and promotion selection requires ABCMR action. ADD Form149 (Application for Correction of Military Recordper Title I0, U.S. Code, Section 1552) will be used to request promotionadvisory board consideration. (1) ARNGUS officers may obtain the DDForm 149 from the Chief, National Guard Bureau, ATTN: NGB-ARP-C, I I I South GeorgeMason Drive, Arlington, VA22204-1382.The completedDDForm149 will be for~varded through the Chief, National GuardBureaufor further processing and referral to the CDR, HRC, Chief, Office of Promotions (RC), ATTN:AHRC-MSL-NS, Page Avenue, St~ Louis, Me 63132-5200. 9700 (2) USAR officers mayobtain the DDForm149 from their unit of assignment or by writing to CDR, HRC, Chief, Office of Promotions (RC), AT'fiN: AHRC-MSL-NS, Page Avenue, St. Louis, Me63132-5200. For, yard the 9700 completed DDForm 149 to the above address for further processing and referral to the ABCMR. b. Nonselectionby a promotionadvisory board will not be considered a failure of selection unless the officer was consideredand not seIected by the regularly convened board. In this event, action by the promotion advisory boardwill be considered confirmation of the action of the regularly convenedboard.

Chapter 4 Processing Selection SectionI General

Board Recommendations

4-1. Promotion lists a. The namesof those officers recommended approvedfor promotion are placed on promotionlists published and by the Office of Promotions (RC). Separate lists will be publishedand retained for each mandatory USAR and position w~cancy board. b. Only the President mayremove from a promotion board report or promotion list the name of an officer erroneously considered and selected for promotion. For warrant officers, the approval authority is the SA. c. An officer whois on a prmnotionlist and is removed from the RASL before the effective date of promotionwill not be promoted.Asubsequentreturn to the RASL not warrant a return to the promotion does list. This does not apply if the officer has been placed on the ADL. 4-2. Releaseof selection boardreports a. The namesof the officers recommended promotionmaybe disseminated on or anytime after, the transmittal for of the report to the President for approval. b. Onfinal approvalof the promotionboardreport and before the report's formal release, the Office of Promotions (RC) will provide advancenotice of the results of mandatory Reserve of the Army promotionselection boards. These reports maybe sent to selected Pentagon officials, commanders major Army of commands,and other commands/ agencies as appropriate. Premature disclosure of promotion selection boardresults, except as expressly approved the by SA, is prohibited. Recipients are advised to retain the board results as "close-hold" informationuntil the official established release date. The release date will be announcedin an Army-wide message. c. Promotion lists are subject to additional administrative review and are not to be construedas promotion orders. Accordingly, individuals will not assume that the structure of a list or the presenceof a nameon a list constitutes a firm forecast for promotion. 4-3. Changeof address or Reserve component status Anofficer whosenamehas been submitted to a mandatoryselection board (para 2-10), and whochanges residence from one area command another, or changes status from unit to nonunit, or whomovesfrom ARNGUS USAR to to or 22

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USAR ARNGUS, who transfers to or from the RASLto the ADL, will be monitored by the promotion authority submitting his or her name until board consideration is concluded. The losing commandwill notify the gaining command the selection board results so that the officer may be informed at the proper time. The names of selected of officers will be furnished in the format outlined in figure 4-1, The namesof nonselected officers will be furnished in the format outlined in figure 4-2, 4-4. Entry on active duty during promotion consideration a. The area commanderor the Office of Promotions (RC) will monitor an ARNGUS USAR or officer who enters the ADLsubsequent to mandatory promofion selection (pare 2-10). Area commanders will submit the name of the officer and the findings of the selection board to CDR,HRC,Chief, Office of Promotions (RC), ATTN:AHRC-MSL, 9700 Page Avenue, St. Louis, MO63132-5200 for further action. b. Anofficer who is not on the ADL and who is ordered to active duty in time of war or national emergencymay, if eligible, be considered for prmnotion by a mandatory Reserve of the Armyselection board or a special selection board for not more than 2 years from the date the officer is ordered to active duty unless the President suspends the operation of 10 USC I4317(e). 4--5. Army National Guard of the United States promotion a. An ARNGUS officer extended Federal recognition in a higher grade will be appointed in the same grade as a Reserve commissioned officer of the Army by memorandumpublished by the Chief, National Guard Bureau. b. ARNGUS cmnmissioned officers (other than commissioned warrant officers) who are on a promotion list resulting from a mandatory promotion board will be extended Federal recognition in the higher grade. This will be without examination by a Federal recognition board whenthe officer is appointed in the State in that higher grade to fill a vacancy in the ArmyNational Guard. 4-6. Promotion on transfer An ARNGUS officer with honorable service who is transferred (10 use 12213(a)).

to the USAR be transferred may

in grade to the USAR

4-7, Posthumous promotion a. The SAmay posthumously promote an officer, to include warrant officer, in the Reserve of the Army.The officer must have been officially recommendedfor appointment or promotion and approved for promotion by the promotion authority but was unable to accept the appointment or promotion because of death in the line of duty. Therefore, a posthuinous promotion may be issued only if the officer was serving on AD, ADT, or engaged in inactive duty training (IDT) at the time of death. b. The SA is the approving authority for posthumous Reserve of the Armypromotions. Commanders will furnish the following information through channels and CDR,HRC, Chief, Office of Prmnotions (RC), (AHRC-MSL),to SA~ (I) Date and cause of death. (2) A statement that death was or was not in the line of duty. (3) The date of official recommendation and selection for promotion. c. No person will receive any bonus, gratuity, pay, or allowance because of a posthumous promotion; however, the officer's name will be carried on military records in the higher grade and that grade may be included on the burial marker in recognition of the officer's lifetime accomplishments and contributions to the nation. 4-8. Promotionafter initially being found not qualified An officer found not qualified for promotion to ILT or CW2 was retained in an active status (pare 4-30) may who prmnoted if later determined qualified. The promotion will not be earlier than the date the officer is determined qualified for promotion. A memorandum record will be prepared to explain the later promotion date. A copy of the for promotion notice and the memorandum record will be placed in the officer's Official Military Personnel File for (OMPF). A copy of each will be sent to CDR, HRC, Chief, Office of Pronmtions (RC), ATTN: AHRC-MSL, Page Avenue, St. Louis, MO63132-5200. 4-9, Officers selected for promotion a. A USAR TPU officer who is considered and selected by a mandatory promotion board will be promoted and transferred from the unit to the IRR. The officer will be promoted within 60 days of receipt of promotion notification or the normal established promotion eligibility date, whichever is later. Transfer to the IRR will not occur whenthe officer(l) Fills a vacancy in the unit in a higher grade. (2) ls an officer, other than an AMEDD officer (except Medical Corps or Dental Corps officers), retained in the in an overstrength status as authorized by AR140-1.

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(3) Is an authorized position per AR 140-10, and(a) Is an AMEDD officer of either tbe Medical Corps or Dental Corps assigned to a position up to two grades below the grade to which promoted. (b) Is a Chaplain or Judge Advocate General Corps officer assigned to a position up to one grade below the grade to which promoted. (4) Requests delay of promotion (para 4-22). (5) Declines promotion (para 4-28). b. A TPU(or AGR,when authorized) officer who is considered and selected by a position vacancy selection board will not be promoted if he or she transferred from the assignment or attachment before the promotion is accomplished. Nor will the officer be promotedif the vacancy no longer exists due to reorganization. Officers selected for a position vacancy but who are not promoted will be deleted from the recommended list (para 3-18), and will not be considered to have failed of selection for promotion. c. A USAR officer considered and selected by a mandatory promotion board, but who cannot be promoted due AGR to strength and/or position limitations will be fo~varded a memorandum from the Chief, ArmyReserve that will give tile officer t:vo options. The officer can voluntarily leave the AGR program and accept promotion in the higher grade (but not before the date of completion of maximum in the current grade); or the officer can remain in the current TIG grade in the AGR program. Officers who remain in the USAR program will be considered to be in an indefinite AGR involuntary delay status per I0 USC14311(e) and will remain on the promotion list. 4-10. Promotion requiring U.S. Senate confirmation Officers selected for promotion to tile grade of COL will require Senate confirmation (I0 USC12203(a)). a. Tbe Office of Promotions (RC) will produce lists of officers recommended for appointment or promotion to COL by mandatory, position vacancy, special selection, or promotion advisory boards (see chap 3, sec III), or those nominated for promotion to colonel based on selection by a Federal Recognition Board for Federal recognition in that grade. The lists will be fonvarded through channels to the U.S. Senate for confirmation. b. HQDA DCS, G-I (DAPE-MPO) will notify the Office of Promotions (RC) on Senate confirmation. That agency will in turn notify area commanders and CNGB. Section II Selected for Promotion 4-11. General a. An officer wbo has been recommended for promotion to the next higher grade must meet the requirements listed below before being promoted in the Reserve components. The officer must(l) Be on the RASLor, if a WO any grade, serving in an active status. of (2) Be in the zone of consideration listed in tables 2-1 or 2-3, as appropriate. (3) Be medically qualified. (4) Have undergone a favorable security screening. (5) lVleet standards of the Army Body Composition Program (AR 600-9). (6) Be a satisfactory participant as defined in paragrapb 2-7. b. The effective date of the promotion will be computed as prescribed in section II1. c. An officer's promotion is automatically delayed when the officer is(l) Absent without leave, in custody of or confined by law enforcement authorities (civil or military), a deserter, injured, or sick not in line of duty. (2) Serving a court-martial sentence or being punished under Article 15, UCMJ.He or she is considered to serving a sentence or undergoing punishment (including suspended punisbments), and therefore nonpromotable, through the last day of any forfeiture or detention of pay, or the date the entire fine is paid (if required). This is even all other parts of the punishment have been served. (3) Under undisposed courts-martial charges (that is, the charges have been preferred, but not dismissed or withdrawn, nor has the officer been tried and acquitted or sentenced). (4) Under investigation that may result in disciplinary action of any kind being taken against them. (5) Under proceedings that may result in administrative elimination or discharge under other than honorable conditions. This includes resignation for the good of the service. (6) Under, or sbould be under, suspension of favorable personnel actions (AR 600-8-2). (7) The subject of a criminal proceeding pending in a State or Federal court. (8) The recipient of a referred academic evaluation report, a referred OER,or a memorandum reprimand (directed of for filing in the official military personnel file before the date be or she would otherwise bave been promoted) which was not considered by the board that selected them for promotion. (9) Enrolled in the Army Drug and Alcohol Prevention Control Program.

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(I0) Docunaented as overweight as defined in AR600-9 or has failed the ArmyPhysical Fitness Test (APFT) recently administered. Or, through his or her own fault (as determined by the first commander who is senior to the officer concerned), has not taken and passed an APFT within the period required. (Officers having a valid permanent temporary medical profile that, as determined by appropriate medical personnel, precludes administration of the APFT, even in an authorized modified form, are deemed not to have taken the APFTthrough no fault of their own.) ~Z A promotion will not be delayed under this paragraph unless the officer is given written notice of the grounds for delay before the intended date of promotion or as soon as possible thereafter. If promotion is delayed, the officer must be given an opportunity to make a written statement to the Secretary of the Armyfor their consideration. e. Automatic delays under this provision will be resolved within 6 months of the date the officer would have been promoted. An officer's promotion will not be delayed more tban 6 months unless the SA, or the Secretary's designee, grants a further delay. The Office of Promotions (RC) will monitor cases involving delay and will grant a further period of delay in cases involving nonpromotable overweight officers and in extraordinary cases. Additionally, a "further period of delay" is deemedto have been granted in any case that has been referred to a promotion advisory board; the delay in such cases extends until final action~ In no case may an officer's promotion be delayed more than 90 days after final action in any courts-martial or criminal case against the officer in Federal or State court, or more than 18 months after the date on which the officer would otherwise have been appointed, whicbever is later. f If witbin 6 months after tbe effective date of promotion, new information results in a deternfination by CDR, HRC,Chief, Office of Promotions (RC) that an officer was, on the effective date of the promotion, in a nonpromotable status, that promotion will be deemedto have been automatically involuntarily delayed. In such a case, the officer's promotion is voided and the memorandum announcing the promotion will be revoked. The officer must be immediately notified of this fact. Also, immediate steps will be taken to resolve the case or seek further delay. However,if the determination is made more than 6 months after the effective date of the promotion, the officer will be deemedto have been in a promotable status on tbe effective date of the promotion and treated as though the involuntary delay had not been imposed. This is unless the officer possessed a nonwaivablestatutory disqualification for promotion consideration or selection. 4-12. Medical examination Each Ready Reserve officer is required to undergo a medical examination (AR 40-501) at least once every 5 years. partial or temporary physical disability resulting from a disease, wound,or injury will not disqualify an officer for promotion. 4-13, Security screening Promotion authorities will ensure that a favorable security screening is completed before announcing a promotion. a. Screening. (1) The military personnel records Jacket (MPRJ) or Personnel Electronic ManagementSystem (PERMS)will screened to ensure that derogatory or unfavorable suitability information is not contained therein. If the results of this screening are favorable, final promotion action may proceed. (2) If the screening of the MPRJ PEPdvISreveals derogatory or suitability information, the promotion authority or will cause a National AgencyCheck (NAC)to be conducted. Final action of the promotion will be withheld until the results of the NAC are received. b. Pt~Tcessing utfavorable infomnation. (1) The following procedures apply when suitability or unresolved derogatory information is found in the MPRJ PERMS,or is received from any other reliable source. (a) Process cases involving unresolved derogatory information of a security nature as prescribed per AR604-10 and NGR 604-10. The area commanderwith jurisdiction over the USAR officer will take appropriate action. (lO Cases involving suitability information will be resolved by the CNGB (NGR 604-10) or, for USAR officers, per AR 600-37. (2) If the information bars promotion, decisions of the CNGB the evaluation board will be processed or prescribed par AR135-175 or NGR 635-100. If tbe information is not a bar to promotion and the officer is other, vise qualified, they will be promoted. 4-'14. Promotion announcement Promotion authorities will complete the promotion memorandums (figs 4-3 through 4-15) and distribute

them as shown

a. USARofficers. Send the original copy of the promotion memorandum the officer through command to channels and file copies in the OMPF and the MPRJ. Furnish an additional copy t~--(I) CDR,HRCSt. Louis, ATTN: AHRC-PRO-D, Reserve Way, St. Louis, MO63132-5200 for officers not in the 1 Active Armyend strength. (2) CDR, HRCSt. Louis, ATTN: AHRC-OPM-PD, Reserve Way, St. Louis, MO63132-5200, and Commander, 1

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U.S. Army Enlisted Records Center, ATTN: PCRE-R, Fort Benjamin Harrison, IN 46249-5301 for dual component soldiers (AR 600-39). b. ARNGUS oJ]icers. Send the original and e~vo copies of tbe promotion memorandum the officer through the to adjutant general. Furnish an additional copy to---(1) Chief, National Guard Bureau, ATTN: NGB-ARP-C,Ill South George Mason Drive, Arlington, VA222041382; (2) CDR, HRC St. Louis, ATTN: AHRC-PRD-MP,1 Reserve Way, St. Louis, MO63132-5200; (3) Commander, Total U.S. Army HumanResources Command,ATTN:AHRC-PDI,200 Stovall Street, Alexandria, VA22332-0400, for officers in tbe Active Armyend strengtb. Section III Dates of Promotion 4--15, General Procedures in section IV wiIl be followed for officers who delay promotion. Follow tim procedures in tbis section in computing effective promotion dates for all other RCcommissioned officers serving on the RASL and WOs.do not antedate effective dates of promotion unless required by law. a. Except as noted in subparagraph e below, or in parts of this regulation, the effective date of promotion for commissioned officers (except commissioned warrant officers) may not precede the date on which tbe promotion memorandum issued. Do not issue the promotion memorandum is before the date the promotion board results are approved and confirmed by the Senate (if required). In addition, the officer must already be assigned/attached to position in the higher grade or, if an IRR/1MA officer selected by a mandatory promotion board, bare completed the maximnm years of service in grade in the current grade. b. For warrant officers. Tbe effective date is the later of the date of the promotion memorandum the day or lbllowing tbe date the officer completes the TIG requirements, as in paragraph a, above. A USAR who received WO, AUS promotion while on active duty, will be promoted the day after release from ADto a permanent Reserve grade. The grade will be equal to the higbest temporary AUS grade satisfactorily held on AD. c. For commissioned officers and warn'ant oJficers servhtg ill an AGRstatus. Officers serving on ADin an AGR status may be promoted to or extended Federal recognition in a higher grade provided tbe duty assignmentlattachment of the officer requires a higher grade than that currently held by the officer. Effective date of promotion of AGR officers will be as shownin paragraph 4-21. AGR officers who have been selected for promotion and are not assigned/ attached to a position calling for a higher grade will receive a delay of promotion without requesting such action. AGR officers will remain on tbe promotion list and serve on ADin the AGR program until they are(l) Removedfrom the promotion list under paragraph 3-18. (2) Promoted to the higher grade following assignment/attachment to an AGR position calling for the higher grade. (3) Promoted to the higher grade, if eligible, following reIease from AD. 4-16. Promotion to first lieutenant A qualified 2LT will not be promoted before the date of completion of 2 years of promotion service. Promotion service of RoTe graduates who accept appointment in Mayor June of any year is computed from the date of graduation of cadets of tbe United States Military Academyfor that year. 4-17, Promotion eligibility date and date of rank a. Promotion eligibilio~ date (PED). The date a WO 2LTmeets the eligibility criteria for promotion to tbe next or higher grade. (1) WO must meet the mandatory service requirements (table 2-3) and promotion eligibility requirements (chap (2) In computing tbe PEDfor a WO,1 day will be added to the date establisbed. (3) 2LTs must meet the TIG requirements (table 2-I) and promotion eligibility requirements (para b. Date qfrank (DOR), The DOR the date the officer actually or constructively was appointed or promoted to a is specific grade. It is the date used to determine the relative seniority for officers holding the same grade. (I) A WOsDORwill be used to establish the PED to the next grade. (2) An officer's DOR will be used to establish TIG requirements to the next grade. 4-18. Date of rank and effective date of promotion after an involuntary delay a. Except as provided in paragrapb 4-18c below, only the Secretary oftbe Armyis authorized to determine whether an officer was unqualified for promotion during any part of an involuntary delay of promotion. Accordingly, except as provided herein, only the Secretary of the Armymay determine whether an adjustment must be made to an officer's date of rank and effective date of promotion. b. Fop.yard requests for an adjustment to date of rank and/or effective date of promotion through HRCSt. Louis, CDR, HRC, Chief, Office of Promotions (Re), (for AGR and nonunit officers), CDR HRCt. Louis, ATTN: , S

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AHRC-PSP-A unit officers, to include AREofficers), to the Office of the Secretary of the Army. Include the (for following information as appropriate for requests for adjustment(I) Full explanation of the basis for the delay. (2) Disposition of the underlying basis. If basis is misconduct/alleged misconduct, include information such as the date the case was closed, type of punishment received, date all punishment will be completed (including all periods of suspension and date all fines were paid). (3) Other information as provided for in AR600-8-2. c. HRCSt. Louis, CDR,HRC,Chief, Office of Prnmotions (RC), is authorized to adjust the date of rank and effective date of promotion for an officer whosepromotion has been delayed. This is on~ if the basis for the officer's delay of promotion is as found in paragraphs (1) through (5) below, and a determination is made that the basis delay no longer exists. Adjustment to the officer's date of rank and effe~]~e date must be per the guidance established below. Under paragraph a above, if the basis for an officer's delay of promotion is not as established below, the determination regarding adjustment may only be made by the Secretary of the Army. (I) Noncompliancewith the height/weight standards of AR600-9; then the DOR and effective date will be the day the officer complies with the standards. (2) Failure to pass the most recent APFTor failure to take and pass the APFTwithin the period required by AR 350-I because of the fault of the officer concerned. The DOR effective date will be the day the officer passes the and APFT. (3) Disciplinary action under Article 15 of the UCIVIJ; The DOR and effective date will be the day al~er all punishment is complete, to include the expiration of any period of suspension. (4) Any adverse administrative action (for example, memorandaof reprimand). The date of rank and effective will be the day after the date a filing of determination is made. (5) The officer's enrollment in and successful completion of the ArmyDrug and Alcohol Prevention Control Program. The DOR effective date will be the date the officer would have been promoted had there been no delay. and d. For commissionedofficers (other than commissionedwarrant officers), the DOR effective date of promotion and tbllowing an involuntary delay may be earlier than the date of tl~e promotion memorandum. However, it cannot be earlier than the approval date of the board that selected the officer. For warcant officers (including commissioned warrant officers), the DOR effective date may not be earlier than the date of the promotion memorandum. and That is unless the officer concerned obtains correction of his or her records from the ArmyBoard for Correction of Military Records. 4-19. Selection after first nonselection The promotion of an officer selected after having been failed of selection on a first mandatory consideration cannot be earlier than the approval date of the second mandatory board by which the officer is considered (pare 4-21). 4-20. Selection and transfer to the Retired Reserve A Reserve officer (other than a commissioned warrant officer), on transfer to the Retired Reserve, ~vill be transferred the highest grade in which he or she served satisfactorily, as determined by the Secretary of the Armyper 10 USC 1370. 4-21. Effective dates Except as provided elsewhere in this regulation, the effective date of promotion may not precede the date of the promotion memorandum. officer is promoted after selection if all qualifications for promotion are met (chap 2 and An pare 4-1 I). When officer does not meet the qualifications for promotion (pare 4-I I), the effective date of promotion an will not be earlier than the later date all qualifications are met. In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved, or, if required, the date of Senate confirmation. a. Promotion qfnommit q[/~cetw. The effective date and date of promotion, to include officers recommended a on second or subsequent mandatory board, will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer meets maximum TIG, whichever is later. (See d, below for officers.) b. PromotionoJ" unit oJJicers. (I) Promotion to fill USAR position vacancies (pare 2-13). The effective date and date of promotion will be earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer assigned to the position, whichever is later. If not occupying the position, assignment of selectees to position vacancies will take place immediately on announcement of the results of the board. (2) Unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position the higher grade. When the board approval or, if required, Senate confirmation is before assignment to the position in the higher grade, the effective date and the date of promotion will be the date of assignment to the higher graded

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position. If the officer voluntarily delays promotion and is later assigned to a higher graded position during the period of delay, the effective date and date of promotion become the date of assignment to the higher graded position. c. Promotion of unit oJficers selected by mandatory boards who transfer to a nonunit status to accept pt'omotion. (l) Officers who transfer from a unit to nonunit status before reaching maximum are promoted effective TIG attaining maximumTIG. (2) Officers who transfer from a unit on or after reaching maximum (during a period of voluntary delay) TIG promoted effective on the date of transfer to a nonunit status. (3) Officers who transfer from the ARNGUS USAR to nonunit status before reaching maximumTIG are promoted effective on attaining maximum TIG. (4) Officers who transfer frmn the ARNGUS USAR to nonunit status on or after reaching maximumTIG are promoted effective on the date of transfer to a nonunit status. (5) Officers who transfer from the ARNGUS USAR to nonunit status at the expiration of an approved period delay are promoted effective on the date of transfer. d. Promotion qfAGR oJficers. AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory prmnotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The date of rank will be the date the officer attained maximum or the date on which assigned/attached to a position in the higher grade, TIG whichever is earlier. e. Promotion R]" officers with mm'imum TIG before the elate of the board. (1) If an officer selected by a mandatory promotion board has a maximum date that is before the approval date TIG of the board, the officer's promotion date and effective date will be no earlier than the date of approval of the mandatory board by which recommendedor the date of Senate confirmation (if required). (2) If an officer is selected by a promotion advisory board/special selection board, the officer's date of rank and effective date for pay and allowances would be the same as if the officer had been recommended promotion to the for grade by the mandatory board that should have considered, or that did consider, the officer. Therefore, the officer may have a maximum date that is before the approval date of the promotion advisory board/special selection board that TIG recommendedthe officer for promotion. Example: Provided Senate confirmation of the 1998 mandatory board result would, if required, have been obtained by that date, an officer with a PEDof 4 June 1999, recommended under 1998 mandatory selection board criteria by a 2000 promotion advisory board/special selection board would have a DOR and effective date not later than 4 June 1999. Section IV Voluntary Delay of Promotion 4-22, Policy Officers who are selected for promotion to the next higher grade may voluntarily request delay of the promotion for a period authorized in this section. Delay beyond the maximum period is not authorized unless approved by DCS, G-I. Request for an exception will not be considered unless the area commanderor adjutant general recommends approval. Denial of a voluntary request for delay will not be considered to be a failure of selection for promotion unless the officer declines to accept the promotion. This section does not apply to officers serving in an AGR status (see parr 415c), to officers selected through the Federal recognition process, or to officers selected by USAR position vacancy boards. 4-23. Approval authority Authority to approve delays of promotion is assigned tu~ a. Area commanders for USAR unit officers. b. The CDR, HRCSt. Louis for nonunit USARofficers. c. State adjutants general for ARNGUS officers. 4-24. Period of voluntary delay a, Unless an exception is authorized (see para b, below), the period of delay ~vill not exceed l-year. The period will be computed from the date on which the officer would other.vise be promoted. b. The period of delay may be extended, in l-year increments, to a maximum 3 years from the date on which the of officer would other,vise be promoted for(1) ARNGUS officers (including technicians), with the consent of the adjutant general. (2) An officer who is employed as a civilian in a USAR technician position. 4-25. Promotion lists The names of ARNGUS USAR and officers requesting delay &promotion to the next higher grade ,.rill

be retained on

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the promotion list for the maximum period authorized, unless promoted to the grade for which selected or removed under some other provision of law or regulation. 4-26. Procedures Officers recommended promotion by mandatory seleotion beards will be notified of their selection. If the officer's for request for delay is approved, it will be processed as follows. a. Nommit USARoJficers. The reason and approval date of the delay will be entered on the memorandum of prnmotion. A copy will be sent to CDR, HRC, Chief, Office of Promotions (RC), ATTN:AHRC-MSL-NP, 9700 Page Avenue, St. Louis, MO63132-5200 (fig 4-I7). D. gttil USAR qfflcers. A copy of the notification, together with the approved endorsement (fig 4-I6) delaying the promotion will be sent to CDR, HRCSt. Louis, ATTN: AHRC-PAP-A, Reserve Way, St. Louis, MO63132-5200. 1 The area data processing activity (SLOPERS equivalent) will be notified of the officer's delay. or c. ARNGUS officers. The adjutant general will transmit a copy of the notification, together with a copy of the approved endorsement delaying the promotion. It will be sent through Chief, National Guard Bureau, ATTN:NGBARP-C, 111 South George Mason Drive, Arlington, VA22204-1382, to CDR,HRC, Chief, Office of Promotions (RC) at the address noted in paragraph a, above. 4-27. Expiration of voluntary delay period f a. Unit officers. If not promoted on or before the end O their maximum authorized voluntary delay period, the officer will either be transferred from the unit and promoted, or decline promotion and be considered to have failed of selection for promotion (oouselect). b. Nonunit oJficelw. If not promoted on or before the end of his or her maximum authorized voluntary delay period, the officer will either be promoted, or decline promotion and be considered to have failed of selection for promotion (nonselect). 4-28. General a. The names of officers declining mandatory promotion to the grade of CW5 COLwill be removed from the or promotion list (the procedures of para 3-18 do not apply). These officers will continue to be considered by subsequent boards provided they remain eligible. However, LTCs will no longer be considered for position vacancy promotion without the approval of the Secretary of the Army(see app B). This authority will not be further delegated. b. The names of officers declining mandatory promotion to the grades of LTCand below will be removed from the promotion list (the procedures of para 3-18 do not apply). The officer will be considered to have failed of selection for promotion if(l) The SA has not authorized voluntary delays of promotion to the grade concerned and the officer declines accept an appointment to a higher grade. (2) The SA has authorized voluntary delays of promotion, but has denied the request of the officer for delay promotion and the officer declines to accept an appointment to the higher grade. (3) The SAhas approved the request of the officer for voluntary delay of promotion and, on the end of the period delay, the officer then declines to accept an appointment to a higher grade. c. After two failures of selection for promotion, officers in floe grades of CW2,CW3,1LT, CPT, and MAJ will be removed from active status per paragraph 4-33 unless placed on a promotion list or selectively continued or retained under any odmr provision of law. Section V Nonselection

for

Promotion

4-29, General Nonselection by a promotion board is administratively must be removed within the prescribed time limits.

final.

If law requires remora| from active status, the officer

4-30. Mandatory consideration nonselection policy a. First nonselection. An initial nonselection for promotion to the next higher Reserve grade will constitute a first failure of selection for promotion to any grade other than CW2,CW5,ILT, and COL. An officer remaining in an active status following a first failure of selection will again be considered for promotion by the next regularly scheduled board considering that grade and competitive category. (I) An officer not qualified for promotion to the grade of CW2 1LT will not again be considered for promotion or unless retained in an active status (para 4-31). (2) A nonselection for promotion to the grade of CW5 does not constitute a failure of sele