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Majors who are passed over twice or more for promotion to O-5 by the upcoming Judge Advocate General’s Corps lieutenant colonel board will be screened to determine whether they will stay on active duty by a selective continuation review panel that meets after the promotion board.
The fiscal 2013 Regular Army lieutenant colonel JAG board is tentatively scheduled for Aug. 12-14. The zones of consideration include:
Above-zone: JAG majors with active-duty dates of rank of June 10, 2007, or earlier.
Primary zone: Majors with ADOR of June 11, 2007, through July 1, 2008.
Below-zone: Majors with ADOR of July 2, 2008, through June 12, 2009.
Under federal law, passed-over majors may be recommended for selective continuation if they are not on a standing promotion list for lieutenant colonel, have not been in SelCon status or are in a SelCon status that will end before release of this year’s SelCon list and who do not have a voluntary or mandatory release or retirement date that is within 90 days of the convening of the Aug. 12 promotion board.
While the SelCon law authorizes the Army to retain passed-over captains and majors who are otherwise fully qualified for service, recent messages announcing zones of consideration for the fiscal 2013 promotion boards indicate the Army will be more restrictive in exercising that authority during the drawdown.
For example, lieutenant colonel boards generally will be followed by SelCon boards, as will some major boards for the special branches. However, SelCon was not offered to captains who received a second nonselection for O-4 by the 2013 Army Competitive Category major board.
The law does not authorize SelCon for lieutenants passed over for promotion to captain.
Officers who are not offered SelCon may be eligible for the Temporary Early Retirement Authority, a provision of law popularly called the 15-year retirement plan.
TERA allows select categories of soldiers with at least 15 years of service to retire early and receive the same benefits as those who retire at 20 years of service, except that their retirement pay is reduced accordingly.
As authorized by Congress, and directed by Army Secretary John McHugh, TERA will be offered during the drawdown to qualified officers who face involuntary separation because they are consecutively passed over for promotion.