Amendments
2006—Subsec. (b). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1996, see
section 1691(b)(1) of Pub. L. 103–337, set out as a note under
section 10001 of this title. Establishment of Reserve Active-Status List Pub. L. 103–337, div. A, title XVI, § 1686, Oct. 5, 1994, 108 Stat. 3024, provided that: “(a) Six-Month Deadline.—Not later than six months after the
Effective Date
of this title [Oct. 1, 1996, see
section 1691(b)(1), (2) of Pub. L. 103–337, set out as an
Effective Date
note under
section 10001 of this title], the Secretary of the military department concerned shall ensure that—“(1) all officers of the Army, Navy, Air Force, and Marine Corps who are required to be placed on the reserve active-status list of their Armed Force under
section 14002 of title 10, United States Code, as added by this title, shall be placed on the list for their armed force and in their competitive category; and “(2) the relative seniority of those officers on each such list shall be established. “(b)
Regulations
.—The Secretary concerned shall prescribe
Regulations
for the establishment of relative seniority. The Secretary of the Army and the Secretary of the Air Force shall, in prescribing such
Regulations
, provide for the consideration of both promotion service established under
section 3360(b) or 8360(e) of title 10, United States Code, as in effect on the day before the
Effective Date
of this title, and total commissioned service established under
section 3360(c) or 8366(e) of such title, as in effect on the day before the
Effective Date
of this title. An officer placed on a reserve active-status list in accordance with this section shall be considered to have been on the list as of the
Effective Date
of this title.” Preservation of Relative Seniority Under Initial Establishment of Reserve Active-Status List Pub. L. 103–337, div. A, title XVI, § 1687, Oct. 5, 1994, 108 Stat. 3025, provided that: “In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined under
section 1686 [set out above], the Secretary of the military department concerned may, during the one-year period beginning on the
Effective Date
of this title [Oct. 1, 1996, see
section 1691(b)(1), (2) of Pub. L. 103–337, set out as an
Effective Date
note under
section 10001 of this title], adjust the date of rank of any reserve officer of such Armed Force who was in an active status but not on the active-duty list on such
Effective Date
.”