2013 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components (§§ 10001 - 18506)
Part III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST (§§ 14001 - 14907)
Chapter 1405 - PROMOTIONS (§§ 14301 - 14317)
Section 14301 - Eligibility for consideration for promotion: general rules
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-STATUS LIST CHAPTER 1405 - PROMOTIONS Sec. 14301 - Eligibility for consideration for promotion: general rules |
Contains | section 14301 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2931; amended Pub. L. 105-85, div. A, title V, §§503(b), (c), 514(b), Nov. 18, 1997, 111 Stat. 1724, 1725, 1732; Pub. L. 105-261, div. A, title V, §514, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 106-65, div. A, title V, §513(a), title X, §1066(a)(32), Oct. 5, 1999, 113 Stat. 593, 772; Pub. L. 107-107, div. A, title V, §505(c)(1)(B), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 107-314, div. A, title V, §521, Dec. 2, 2002, 116 Stat. 2540; Pub. L. 112-81, div. A, title V, §517, Dec. 31, 2011, 125 Stat. 1397. |
Statutes at Large References | 108 Stat. 2931 111 Stat. 1724 112 Stat. 2008 113 Stat. 593 115 Stat. 1087 116 Stat. 2540 125 Stat. 1397 |
Public Law References | Public Law 103-337, Public Law 105-85, Public Law 105-261, Public Law 106-65, Public Law 107-107, Public Law 107-314, Public Law 112-81 |
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(a)
(1) the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and
(2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).
(b)
(c)
(1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or section 14502 of this title or under chapter 36 of this title.
(2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under a provision referred to in paragraph (1), in the case of such a report that has not yet been approved by the President.
(3) An officer who has been approved for Federal recognition by a board convened under section 307 of title 32 and nominated by the President for promotion to that grade as a reserve of the Army or of the Air Force as the case may be, if that nomination is pending before the Senate.
(4) An officer who has been nominated by the President for promotion to that grade under any other provision of law, if that nomination is pending before the Senate.
(5) An officer in the grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who is on an approved all-fully-qualified-officers list under section 14308(b)(4) of this title.
(d)
(e)
(f)
(g)
(A) as of the date of the convening of the promotion board, the officer has been in an inactive status for less than one year; and
(B) immediately before the date of the officer's most recent transfer to an inactive status, the officer had continuously served on the reserve active status list or the active-duty list (or a combination of the reserve active status list and the active-duty list) for at least one year.
(2) An officer who is a reserve component brigadier general of the Army or the Air Force who is on the reserve active status list but who is not eligible for consideration for promotion under subsection (a) because the officer's service does not meet the one-year-of-continuous-service requirement under paragraph (2) of that subsection is nevertheless eligible for consideration for promotion to the grade of major general by a promotion board convened under section 14101(a) of this title if—
(A) the officer was transferred from an inactive status to the reserve active status list during the one-year period preceding the date of the convening of the promotion board;
(B) immediately before the date of the officer's most recent transfer to an active status, the officer had been in an inactive status for less than one year; and
(C) immediately before the date of the officer's most recent transfer to an inactive status, the officer had continuously served for at least one year on the reserve active status list or the active-duty list (or a combination of the reserve active status list and the active-duty list).
(h)
(1) is pursuing a program of graduate level education in an educational delay status approved by the Secretary concerned; and
(2) is receiving from the Secretary financial assistance in connection with the pursuit of that program of education while in that status.
(i)
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2931; amended Pub. L. 105–85, div. A, title V, §§503(b), (c), 514(b), Nov. 18, 1997, 111 Stat. 1724, 1725, 1732; Pub. L. 105–261, div. A, title V, §514, Oct. 17, 1998, 112 Stat. 2008; Pub. L. 106–65, div. A, title V, §513(a), title X, §1066(a)(32), Oct. 5, 1999, 113 Stat. 593, 772; Pub. L. 107–107, div. A, title V, §505(c)(1)(B), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 107–314, div. A, title V, §521, Dec. 2, 2002, 116 Stat. 2540; Pub. L. 112–81, div. A, title V, §517, Dec. 31, 2011, 125 Stat. 1397.)
AMENDMENTS2011—Subsec. (i). Pub. L. 112–81 added subsec. (i).
2002—Subsec. (g). Pub. L. 107–314 amended subsec. (g) generally. Prior to amendment, text read as follows: "A reserve component brigadier general of the Army or the Air Force who is in an inactive status is eligible (notwithstanding subsection (a)) for consideration for promotion to major general by a promotion board convened under section 14101(a) of this title if the officer—
"(1) has been in an inactive status for less than one year as of the date of the convening of the promotion board; and
"(2) had continuously served for at least one year on the reserve active status list or the active duty list (or a combination of both) immediately before the officer's most recent transfer to an inactive status."
2001—Subsec. (c)(5). Pub. L. 107–107 added par. (5).
1999—Subsec. (g)(1), (2). Pub. L. 106–65, §1066(a)(32), substituted "one year" for "1 year".
Subsec. (h). Pub. L. 106–65, §513(a), added subsec. (h).
1998—Subsec. (g). Pub. L. 105–261 added subsec. (g).
1997—Subsec. (c). Pub. L. 105–85, §503(b)(1), substituted "grade any of the following officers:" for "grade—" in introductory provisions.
Subsec. (c)(1). Pub. L. 105–85, §503(b)(2), (3), substituted "An officer" for "an officer" and "title." for "title;".
Subsec. (c)(2). Pub. L. 105–85, §503(b)(6), added par. (2). Former par. (2) redesignated (3).
Pub. L. 105–85, §503(b)(2), (4), substituted "An officer" for "an officer" and "be." for "be; or".
Subsec. (c)(3). Pub. L. 105–85, §503(c), inserted ", if that nomination is pending before the Senate" before period at end.
Pub. L. 105–85, §503(b)(5), redesignated par. (2) as (3) and substituted "that grade" for "the next higher grade". Former par. (3) redesignated (4).
Pub. L. 105–85, §503(b)(2), substituted "An officer" for "an officer".
Subsec. (c)(4). Pub. L. 105–85, §503(c), inserted ", if that nomination is pending before the Senate" before period at end.
Pub. L. 105–85, §503(b)(5), redesignated par. (3) as (4) and substituted "that grade" for "the next higher grade".
Subsecs. (e) to (g). Pub. L. 105–85, §514(b), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows:
"(e)
Pub. L. 106–65, div. A, title V, §513(b), Oct. 5, 1999, 113 Stat. 593, provided that:
"(1) Subsection (h) of section 14301 of title 10, United States Code (as added by subsection (a)), shall apply with respect to boards convened under section 14101(a) of such title before, on, or after the date of the enactment of this Act [Oct. 5, 1999].
"(2) The Secretary of the military department concerned, upon receipt of request submitted in a form and manner prescribed by the Secretary, shall expunge from the military records of an officer any indication of a failure of selection of the officer for promotion by a board referred to in paragraph (1) while the officer was ineligible for consideration by that board by reason of section 14301(h) of title 10, United States Code."
EFFECTIVE DATE OF 1997 AMENDMENTAmendment by section 503(b), (c) of Pub. L. 105–85 effective Nov. 18, 1997, and applicable with respect to selection boards that are convened under section 611(a), 14101(a), or 14502 of this title on or after Nov. 18, 1997, see section 503(d) of Pub. L. 105–85, set out as a note under section 619 of this title.
EFFECTIVE DATEChapter 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.
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