U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART III— PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST › Chapter CHAPTER 1407— FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION

10 U.S.C. § 14506

Effect of failure of selection for promotion: reserve majors of the Army, Air Force, and Marine Corps and reserve lieutenant commanders of the Navy

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Unless retained as provided in section 12646, 12686, 14701, 14701a, or 14702 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of major or lieutenant commander who has failed of selection to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall, if not earlier removed from the reserve active-status list, be removed from that list in accordance with section 14513 of this title on the later of (1) the first day of the month after the month in which the officer completes 20 years of commissioned service, or (2) the first day of the seventh month after the month in which the Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2000–2026 · leading case: William Havens v, Raymond Edwin Mabus, Jr., Sec'y of the Navy Chairman, Bd. for Corr. of Naval Records, 759 F.3d 91 (D.C. Cir. 2014).
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William Havens v, Raymond Edwin Mabus, Jr., Sec'y of the Navy Chairman, Bd. for Corr. of Naval Records, 759 F.3d 91 (D.C. Cir. 2014). · cites it 2× “See 10 U.S.C. § 14506 . In 2002, Havens was then discharged from the Selected Reserve and transferred to the Retired Reserve, having been found “Not Physically Qualified” to continue service.”
Millican v. United States, 744 F. Supp. 2d 296 (D.D.C. 2010). · cites it 2× “Under 10 U.S.C. § 14506 , a Major in the Air Force Reserve who has twice failed to be promoted to the next higher rank must be removed from the reserve active-status list.”
Vellanti v. United States, 119 Fed. Cl. 570 (Fed. Cl. 2015). · cites it 2× “See 10 U.S.C. §§ 14506 , 14513, 14701(a)(3); AR 4, 12; Compl.”
Havens v. Mabus, 146 F. Supp. 3d 202 (D.D.C. 2015). “See 10 U.S.C. § 14506 . In September 1996, as part of his separation from the Reserve, plaintiff underwent a physical examination.”
Curtis v. Peters, 107 F. Supp. 2d 1 (D.D.C. 2000). “See 10 U.S.C. §§ 14506 ,14513. Plaintiff-intervenor J.”
Havens v. Mabus, 892 F. Supp. 2d 303 (D.D.C. 2012). “In August 1996, the Reserve released plaintiff from active duty pursuant to 10 U.S.C. § 14506 after he was not selected for promotion in two consecutive years.”
Richard T. Kiszka v. Off. of Pers. Mgmt., 372 F.3d 1301 (Fed. Cir. 2004). “See 10 U.S.C. §§ 14506 ,14513. Shortly before his retirement, Mr.”
Radziewicz v. United States (D. Del. 2025). “) On August 19, 2019, Plaintiff received notice that, pursuant to 10 U.S.C. § 14506 , he would be administratively discharged from the Air Force Reserves on September 1, 2020, due to his two-time non-promotion.”
Christopher Radziewicz v. United States (3rd Cir. 2026). “In August 2019, Radziewicz was notified that, as of September 1, 2020, he would be separated from the Air Force in accordance with 10 U.S.C. § 14506 , having twice been passed over for promotion.”
Matreale v. State of New Jersey Dep't of Military & Vets. Affairs, 418 F. Supp. 2d 603 (D.N.J. 2006). “See 10 U.S.C. § 14506 . The record does not reflect whether Plaintiff has been denied promotion more than once or the length of his service as a commissioned officer, and so the Court cannot determine whether this provision affects Plaintiff.”
Millican v. United States (D.D.C. 2010). “Under 10 U.S.C. § 14506 , a Major in the Air Force Reserve who has twice failed to be promoted to the next higher rank must be removed from the reserve active-status list.”
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