Pub. L. 83-773, tit. III, subtit. B, sec. 310
mandatory consideration—maximum service in grade—promotion to captain, major, and lieutenant colonel
mandatory consideration—maximum service in grade—promotion to captain, major, and lieutenant colonel Sec. 310. (a) Regardless of a vacancy in the next higher grade, each nonunit officer of the Army Reserve in the grade of first lieutenant, captain, or major who has not previously been considered by a selection board under this section or section 309 shall be considered by a selection board sufficiently in advance of the date he will have, respectively, four, seven, or seven years of promotion service and the total years of service required by section 315 (a) so that, if recommended by the board, he may be promoted, effective on the date he has that service. (b) Women’s Medical Specialist Corps or Army Nurse Corps Reserve officers in the grade of captain or higher and Women’s Army Corps Reserve officers in the grade of major may not be considered for promotion under this section. (c) When he has the total years of service required by section 315 (a), an officer recommended for promotion under this section may be promoted at any time to fill a vacancy. If not sooner promoted, he shall be promoted, effective on the date he has four, seven or seven years of promotion service, respectively, and the total years of service required by section 315 (a), regardless of a vacancy in the grade for which recommended. (d) An officer in the grade of first lieutenant, captain, or major who becomes a nonunit officer upon transfer from an inactive status or from the National Guard of the United States or upon release from a unit in the Army Reserve, after he has promotion service equal to or greater than that required for consideration under subsection (a) and the total years of service required by section 315 (b), shall be considered by the next appropriate selection board, and, if recommended for promotion, shall be promoted on the date the board reports its recom-68 Stat. 1157mendations, or the date he has the years of promotion service prescribed in subsection (a), or the date he attains the total years of service required under section 315 (a), whichever is later. (e) The authorized numbers of Reserve officers in each grade shall be temporarily increased, if necessary, to permit promotion under this section.