(a) Removal by President.—
The President may remove the name of any officer from a promotion list at any time before the date on which the officer is promoted.
(b) Removal for Withholding of Senate Advice and Consent.—
If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list.
(c) Removal After 18 Months.—
(1) If an officer whose name is on a list of officers approved for promotion under section
14308 (a) of this title to a grade for which appointment is required by section
12203 (a) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section during the officers promotion eligibility period, the officers name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appointment.
(2) Before the end of the promotion eligibility period with respect to an officer under paragraph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months.
(3) In this subsection, the term promotion eligibility period means, with respect to an officer whose name is on a list of officers approved for promotion under section
14308 (a) of this title to a grade for which appointment is required by section
12203 (a) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved.
(d) Continued Eligibility for Promotion.—
An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selection board convened for that officers grade and competitive category and the officer is promoted, the Secretary of the military department concerned may, upon the promotion, grant the officer the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the reserve active-status list, as the officer would have had if the officers name had not been removed from the list.
