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 14311 - Delay of promotion: involuntary
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. 14311 - Delay of promotion: involuntary |
Contains | section 14311 |
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. 2939; amended Pub. L. 107-107, div. A, title V, §505(c)(2)(B), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 109-364, div. A, title V, §511(b), Oct. 17, 2006, 120 Stat. 2182; Pub. L. 111-383, div. A, title X, §1075(g)(4), Jan. 7, 2011, 124 Stat. 4377. |
Statutes at Large References | 108 Stat. 2939, 3024 115 Stat. 1088 120 Stat. 2182 124 Stat. 4377, 4376 |
Public Law References | Public Law 103-337, Public Law 107-107, Public Law 109-364, Public Law 111-383 |
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(a)
(A) Sworn charges against the officer have been received by an officer exercising general court-martial jurisdiction over the officer and the charges have not been disposed of.
(B) An investigation is being conducted to determine whether disciplinary action of any kind should be brought against the officer.
(C) A board of officers has been convened under section 14903 of this title to review the record of the officer.
(D) A criminal proceeding in a Federal or State court of competent jurisdiction is pending against the officer.
(E) Substantiated adverse information about the officer that is material to the decision to appoint the officer is under review by the Secretary of Defense or the Secretary concerned.
(2) If disciplinary action is not taken against the officer, if the charges against the officer are withdrawn or dismissed, if the officer is not separated by the Secretary of the military department concerned as the result of having been required to show cause for retention, if the officer is acquitted of the charges, or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion, as the case may be, then (unless action to delay the officer's appointment to the higher grade has been taken under subsection (b)) the officer shall be retained on the promotion list (including an approved all-fully-qualified-officers list, if applicable), list of officers found qualified for Federal recognition, or list of officers nominated by the President to the Senate for appointment in a higher reserve grade and shall, upon promotion to the next higher grade, have the same date of rank, the same effective date for the pay and allowances of the grade to which promoted, and the same position on the reserve active-status list as the officer would have had if no delay had intervened, unless the Secretary concerned determines that the officer was unqualified for promotion for any part of the delay. If the Secretary makes such a determination, the Secretary may adjust such date of rank, effective date of pay and allowances, and position on the reserve active-status list as the Secretary considers appropriate under the circumstances.
(b)
(c)
(2) An officer whose promotion is delayed under subsection (a) or (b) shall be given an opportunity to make a written statement to the Secretary of the military department concerned in response to the action taken. The Secretary shall give consideration to any such statement.
(d)
(e)
(2) The promotion of an officer described in paragraph (1) shall also be delayed while the officer is on duty described in that paragraph unless the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense, determines that the duty assignment of the officer requires a higher grade than the grade currently held by the officer.
(3) The date of rank and position on the reserve active-status list of a reserve officer whose promotion to or Federal recognition in the next higher grade was delayed under paragraph (1) or (2) solely as the result of the limitations imposed under the regulations prescribed by the Secretary of Defense or contained in section 12011 of this title shall be the date on which the officer would have been promoted to or recognized in the higher grade had such limitations not existed.
(4) If an officer whose promotion is delayed under paragraph (1) or (2) completes the period of active duty or full-time National Guard duty that the officer is required by law or regulation to perform as a member of a reserve component, the officer may request release from active duty or full-time National Guard duty. If the request is granted, the officer's promotion shall be effective upon the officer's release from such duty. The date of rank and position on the reserve active-status list of the officer shall be the date the officer would have been promoted to or recognized in the higher grade had the limitations imposed under regulations prescribed by the Secretary of Defense contained in section 12011 of this title not existed. If an officer whose promotion is delayed under paragraph (1) or (2) has not completed the period of active duty or full-time National Guard duty that the officer is required by law or regulation to perform as a member of a reserve component, the officer may be retained on active duty or on full-time National Guard duty in the grade in which the officer was serving before the officer's being found qualified for Federal recognition or the officer's selection for the promotion until the officer completes that required period of duty.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2939; amended Pub. L. 107–107, div. A, title V, §505(c)(2)(B), Dec. 28, 2001, 115 Stat. 1088; Pub. L. 109–364, div. A, title V, §511(b), Oct. 17, 2006, 120 Stat. 2182; Pub. L. 111–383, div. A, title X, §1075(g)(4), Jan. 7, 2011, 124 Stat. 4377.)
PRIOR PROVISIONSProvisions similar to those in this section were contained in sections 3363(e), 3380(b), 5902(d), 8363(g), and 8380(b) of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (b)(2), (c)(1).
AMENDMENTS2011—Subsec. (b). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 109–364, §511(b)(3). See 2006 Amendment note below.
2006—Subsec. (a)(1). Pub. L. 109–364, §511(b)(1), substituted "Secretary of Defense" for "Secretary of the military department concerned" in introductory provisions.
Subsec. (a)(1)(E). Pub. L. 109–364, §511(b)(2)(A), added subpar. (E).
Subsec. (a)(2). Pub. L. 109–364, §511(b)(2)(B), struck out "or" after "show cause for retention," and inserted "or if, after a review of substantiated adverse information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion," after "of the charges,".
Subsec. (b). Pub. L. 109–364, §511(b)(3), as amended by Pub. L. 111–383, §1075(g)(4), inserted "has not met the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, or" before "is mentally, physically," and substituted "If it is later determined by a civilian official of the Department of Defense (not below the level of Secretary of a military department) that the officer is qualified for promotion to the higher grade and, after a review of adverse information regarding the requirement for exemplary conduct set forth in section 3583, 5947, or 8583 of this title, as applicable, the officer is determined to be among the officers best qualified for promotion to the higher grade" for "If the Secretary concerned later determines that the officer is qualified for promotion to the higher grade".
Pub. L. 109–364, §511(b)(1), substituted "Secretary of Defense" for "Secretary of the military department concerned".
2001—Subsec. (a)(2). Pub. L. 107–107, §505(c)(2)(B)(i), inserted "(including an approved all-fully-qualified-officers list, if applicable)" after "on the promotion list".
Subsec. (b). Pub. L. 107–107, §505(c)(2)(B)(ii), inserted "(including an approved all-fully-qualified-officers list, if applicable)" after "on the promotion list" in second sentence.
EFFECTIVE DATE OF 2011 AMENDMENTPub. L. 111–383, div. A, title X, §1075(g), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(g)(4) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109–364 as enacted.
EFFECTIVE DATE OF 2006 AMENDMENTAmendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to officers on promotion lists established on or after such date, see section 511(e) of Pub. L. 109–364, set out as a note under section 624 of this title.
DELAYS IN PROMOTIONSPub. L. 103–337, div. A, title XVI, §1684(a), Oct. 5, 1994, 108 Stat. 3024, provided that:
"(1) A delay in a promotion that is in effect on the day before the effective date of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title] under the laws and regulations in effect on that date shall continue in effect on and after that date as if the promotion had been delayed under section 14311 of title 10, United States Code, as added by this title.
"(2) The delay of the promotion of a reserve officer of the Army or the Air Force which was in effect solely to achieve compliance with limitations set out in section 524 of title 10, United States Code, or with regulations prescribed by the Secretary of Defense with respect to sections 3380(c) and 8380(c) of title 10, United States Code, as in effect on the day before the effective date of this title, shall continue in effect as if the promotion had been delayed under section 14311(e) of such title, as added by this title."
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