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 14315 - Position vacancy promotions: Army and Air Force officers
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. 14315 - Position vacancy promotions: Army and Air Force officers |
Contains | section 14315 |
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. 2943; amended Pub. L. 104-106, div. A, title XV, §1501(b)(25), Feb. 10, <!-- PDFPage:2549 -->1996, 110 Stat. 497; Pub. L. 105-85, div. A, title V, §514(d), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106-398, §1 [[div. A], title V, §501], Oct. 30, 2000, 114 Stat. 1654, 1654A-98; Pub. L. 108-136, div. A, title V, §512(b), Nov. 24, 2003, 117 Stat. 1460. |
Statutes at Large References | 108 Stat. 2943 110 Stat. 497 111 Stat. 1732 114 Stat. 1654 117 Stat. 1460 |
Public Law References | Public Law 103-337, Public Law 104-106, Public Law 105-85, Public Law 106-398, Public Law 108-136 |
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(a)
(1) The officer is occupying or, under regulations prescribed by the Secretary concerned, has been recommended to occupy a position in the same competitive category as the officer and for which a grade higher than the one held by that officer is authorized.
(2) The officer is fully qualified to meet all requirements for the position as established by the Secretary of the military department concerned.
(3) The officer has held the officer's present grade for the minimum period of service prescribed in section 14303 of this title for eligibility for consideration for promotion to the higher grade.
(b)
(2) A reserve officer of the Air Force who is in the Air Force Reserve and on the reserve active-status list in the grade of colonel or brigadier general may be considered for promotion to the next higher grade under this section if the officer (A) is assigned to the duties of a general officer of the next higher reserve grade or is recommended for such an assignment under regulations prescribed by the Secretary of the Air Force, and (B) meets the standards for consideration prescribed by the Secretary of the Air Force.
(c)
(d)
(e)
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2943; amended Pub. L. 104–106, div. A, title XV, §1501(b)(25), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–85, div. A, title V, §514(d), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 106–398, §1 [[div. A], title V, §501], Oct. 30, 2000, 114 Stat. 1654, 1654A–98; Pub. L. 108–136, div. A, title V, §512(b), Nov. 24, 2003, 117 Stat. 1460.)
PRIOR PROVISIONSProvisions similar to those in this section were contained in sections 3384 and 8373 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (c)(1).
AMENDMENTS2003—Subsec. (a)(1). Pub. L. 108–136 substituted "under regulations prescribed by the Secretary concerned, has been recommended" for "as determined by the Secretary concerned, is available".
2000—Subsec. (b)(1)(A). Pub. L. 106–398, §1 [[div. A], title V, §501(1)], inserted "or is recommended for such an assignment under regulations prescribed by the Secretary of the Army" after "Army Reserve".
Subsec. (b)(2)(A). Pub. L. 106–398, §1 [[div. A], title V, §501(2)], inserted "or is recommended for such an assignment under regulations prescribed by the Secretary of the Air Force" after "reserve grade".
1997—Subsec. (b)(1)(A). Pub. L. 105–85 substituted "duties of a general officer of the next higher reserve grade in the Army Reserve," for "duties of a general officer of the next higher reserve grade in a unit of the Army Reserve organized to serve as a unit,".
1996—Subsec. (a). Pub. L. 104–106 substituted "or a reserve officer" for "or a Reserve officer" in introductory provisions.
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.
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