§14317 Officers in Transition to and From the Active-status List or Active-duty List

Summary

When a reserve officer changes status before a pending promotion is finalized, the law says what happens to that promotion chance. If the officer is moved from the reserve active-status list to inactive or retired after a board recommended them or after being found qualified, they must be treated as if they were never recommended and cannot get that promotion later just by returning to active status. If a reserve officer on a promotion list is put on the active-duty list of the same service in the same job category, they must be moved to the correct active-duty promotion list. The reverse is also true: an active-duty officer moved to the reserve active-status list must be put on the right reserve promotion list. If a reserve officer is ordered to active duty (not for training) or full-time National Guard duty (not for training) after being recommended under section 14315, they generally cannot be promoted while on that duty unless they go with the unit that has the vacancy or are serving in support of a contingency operation. If their name is removed from a promotion list, they are treated as if never considered. In wartime or during a national emergency, a reserve officer not on the active-duty list who is ordered to active duty may be considered for promotion by the types of boards named in sections 14101(a) or 14502, or by a vacancy promotion board or title 32 examination for those supporting a contingency operation. That consideration must happen within two years of the date they were ordered to active duty. Consideration is not allowed while the President has suspended this rule under section 123(a). The Secretary of the military department sets the detailed rules for these cases.