§14316 Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion

Summary

When an officer in the Army National Guard or Air National Guard is picked for promotion by a required board under section 14101(a) or a special board under section 14502, the State must be given the chance to promote that officer into a Guard vacancy. If the officer on the promotion list is appointed into that higher Guard vacancy before the promotion date, the officer gets federal recognition in that rank without the exam in section 307 of title 32 and, subject to section 14311(e), is promoted to the reserve rank effective on the appointment date. An officer ruled not selected under section 14501 can get federal recognition in that rank only if the Secretary of the military department finds they are the only qualified person to fill the vacancy; the Secretary cannot delegate that finding. If the officer is not placed in the higher Guard vacancy by the promotion date, their federal recognition in the current reserve rank is withdrawn and they are promoted and transferred to the Army Reserve or Air Force Reserve as appropriate.