§14317 — Title 10 Armed Forces | U.S. Code

Summary

If a reserve officer who was recommended for promotion or found qualified for a higher rank leaves the reserve active-status list or retires before getting the promotion, the officer must be treated as if they were never considered and cannot be put on a promotion list or promoted later after returning to active status. When officers move between the reserve active-status list and the active-duty list while they are already on a promotion list, they must be moved to the matching promotion list for the list they join, under rules the Secretary of Defense sets. A reserve officer ordered to active duty (not for training) or to full‑time National Guard duty (not for training) after being recommended for promotion cannot be promoted while serving unless ordered with the unit that has the vacancy or serving in support of a contingency operation; if removed from the promotion list they are treated as never considered. If ordered to active duty in time of war or a national emergency, a reserve officer not on the active‑duty list may still be considered for promotion under certain boards or exams, but only within the two-year period beginning on the date on which the officer is ordered to active duty, not while the President has suspended this rule under section 123(a), and under regulations set by the officer’s military department.

Title 10, §14317

Armed Forces — Source: USLM XML via OLRC

(a)If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter 36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—

(1)shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and

(2)may not be placed on a promotion list or promoted to the higher grade after returning to an active status,

(b)A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title.

(c)An officer who is on the active-duty list and is on a promotion list as the result of selection for promotion by a selection board convened under chapter 36 of this title and who before being promoted is removed from the active-duty list and placed on the reserve active-status list of the same armed force and in the same competitive category (including a regular officer who on removal from the active-duty list is appointed as a reserve officer and placed on the reserve active-status list) shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list established under this chapter.

(d)(1)Except as provided in subsection (e), if a reserve officer is ordered to active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only) after being recommended for promotion under section 14315 of this title to fill a position vacancy or examined for Federal recognition under title 32, and before being promoted to fill that vacancy, the officer shall not be promoted while serving such active duty or full-time National Guard duty unless the officer—

(A)is ordered to active duty as a member of the unit in which the vacancy exists when that unit is ordered to active duty; or

(B)has been ordered to or is serving on active duty in support of a contingency operation.

(2)If, under this subsection, the name of an officer is removed from a list of officers recommended for promotion, the officer shall be treated as if the officer had not been considered for promotion or examined for Federal recognition.

(e)(1)A reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion—

(A)by a mandatory promotion board convened under section 14101(a) of this title or a special selection board convened under section 14502 of this title; or

(B)in the case of an officer who has been ordered to or is serving on active duty in support of a contingency operation, by a vacancy promotion board convened under section 14101(a) of this title, or by examination for Federal recognition under title 32.

(2)An officer may not be considered for promotion under this subsection after the end of the two-year period beginning on the date on which the officer is ordered to active duty.

(3)An officer may not be considered for promotion under this subsection during a period when the operation of this section has been suspended by the President under section 123(a) of this title.

(4)Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in subsec. (a) of this section were contained in section 3378, 5906, and 8378 of this title, prior to repeal by Pub. L. 103–337, § 1629(a)(1), (b)(2), (c)(1).

Amendments

2008—Subsec. (d). Pub. L. 110–417, § 513(a), designated first sentence as par. (1) and second sentence as par. (2) and, in par. (1), substituted “unless the officer—” for “unless the officer”, inserted subpar. (A) designation before “is ordered”, substituted “duty; or” for “duty.”, and added subpar. (B). Subsec. (e)(1)(B). Pub. L. 110–417, § 513(b), inserted “, or by examination for Federal recognition under title 32” before period at end. 2003—Subsec. (d). Pub. L. 108–136, § 512(a)(1), substituted “Except as provided in subsection (e), if a reserve officer” for “If a reserve officer”. Subsec. (e). Pub. L. 108–136, § 512(a)(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “Under

Regulations

prescribed by the Secretary of the military department concerned, a reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title for not more than two years from the date the officer is ordered to active duty unless the President suspends the operation of this section under the provisions of section 123 or 10213 of this title.” 1997—Subsec. (d). Pub. L. 105–85 substituted “section 14315” for “section 14314”. 1996—Subsec. (e). Pub. L. 104–106 inserted heading and substituted “123 or 10213” for “10213 or 644”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

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.

§14317 Officers in transition to and from the active-status list or active-duty list

Summary

Title 10, §14317

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata