QuestionsQuestions (EXECUTIVE ORDER NO. 10)
To prescribe regulations for controlling seniority among commissioned officers in the active elements of the military forces in the Commonwealth, and to govern promotion of officers below the grade of colonel.
Regular officers take precedence over reserve officers of the same grade.
The Chief of Staff prepares an initial seniority list showing names of officers then commissioned in the Army; when approved by the President, it permanently establishes their relative seniority (subject to specific Presidential exceptions).
They occupy the same relative standing among themselves in each category as that obtaining at the time of transfer.
Seniority in the grade is established according to the total length of service therein—except that an Army officer may suffer loss of seniority due to an approved sentence of a court martial.
The Chief of Staff causes changes due to separations, appointments, loss of rank by court martial, and other legal/regulatory changes to be entered; as corrected, the list must be published to the Army at least once each year.
The number of officers in each grade above first lieutenant is regulated by law; promotions may be made only when the number of officers commissioned in the grade becomes less than the legally authorized number.
No. Promotion shall not operate to change the arm or service in which an officer may be commissioned.
Third lieutenants are promoted to second lieutenant upon completion of two (2) years commissioned service; second lieutenants to first lieutenant upon completion of five (5) years. Exception: if the Chief of Staff, in his opinion, finds unsatisfactory qualifications, the case is presented to the Promotion Eligibility Board for consideration of retention; if the Board finds service/qualifications unsatisfactory and the President approves, the officer is discharged.
It shall be filled by promotion of the senior officer in the grade next below—provided the officer’s name is borne on the promotion eligible list.
He shall be passed over; the next senior officer whose name is borne on the eligible list shall be promoted. After accrued leave expires, the passed-over officer is separated from the active list and, if he requests, transferred in grade and in the same branch/service to the Reserve Force.
Yes. He becomes eligible for promotion in the Reserve Force subject to the same examination, tests, and conditions prescribed by regulations or law for promotion of other reserve officers.
Unless the Board finds separation is due to the officer’s own misconduct or willful failure, he is entitled to either (a) a cash bonus: one month of base and longevity pay for each complete year if total commissioned active service is less than ten years; or (b) if service is ten years or more, he may elect either the cash bonus on the same basis or retired pay equal to 1.5% of base and longevity pay multiplied by number of complete years of commissioned service.
The Board is appointed annually by the President and consists of five members: not less than four must be active Army officers not below colonel; one may be a retired officer not below colonel or a civilian (not holding any government position).
No civilian may serve more than once; not more than one military member may serve on two successive Boards, and any member who serves on two successive Boards may not serve on another Board within three years; neither the Chief of Staff nor the Deputy Chief of Staff may be a member.
The Board receives the corrected seniority list and records from official sources. It may not consider or submit to the Board any document or record that emanated from any source other than properly constituted military or civil superiors during the officer’s service.
Annually, the Board determines eligibility for promotion between first lieutenant and lieutenant colonel, inclusive. It starts with suitability of the senior officer in each grade and proceeds progressively until the number listed as eligible equals double the estimated vacancies in the next higher grade. If a qualified officer (per the preceding Eligibility Board) is omitted, the Board submits a special report to the President with reasons; the officer may appeal in writing to the President through the Chief of Staff (with supporting documents), and the President’s decision is final. Board decisions and proceedings are confidential; eligible names form promotion eligibility lists published and unchanged during the calendar year.