10 U.S.C. § 14313: Authority to vacate…

Summary

The President can cancel a reserve officer’s promotion to brigadier general or rear admiral (lower half) if they served less than 18 months in that rank. They return to colonel (or Navy captain) and keep the same spot on the active reserve list. An adjutant general or assistant adjutant general goes back to the rank they had before that appointment.

Title 10, §14313

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—

The President may vacate the appointment of a reserve officer to the grade of brigadier general or rear admiral (lower half) if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months.

(b)Effect of Promotion Being Vacated.—

Except as provided in subsection (c), an officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel as a reserve of the armed force of which the officer is a member. An officer whose promotion to the grade of rear admiral (lower half) is vacated under this section holds the grade of captain in the Navy Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve active-status list as the officer would have had if the officer had not served in the higher grade.

(c)Special Rule for Officers Serving as Adjutant General.—

In the case of an officer serving as an adjutant general or assistant adjutant general whose promotion to the grade of brigadier general is vacated under this section, the officer then holds the reserve grade held by that officer immediately before the officer’s appointment as adjutant general or assistant adjutant general.

Notes & Related Subsidiaries

Editorial Notes

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.

§14313 Authority to Vacate Promotions to Grade of Brigadier General or Rear Admiral (lower Half)