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 14317 - Officers in transition to and from the active-status list or active-duty list
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. 14317 - Officers in transition to and from the active-status list or active-duty list |
Contains | section 14317 |
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. 2945; amended Pub. L. 104-106, div. A, title XV, §1501(b)(26), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85, div. A, title X, §1073(a)(68), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 108-136, div. A, title V, §512(a), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 110-417, [div. A], title V, §513, Oct. 14, 2008, 122 Stat. 4441. |
Statutes at Large References | 108 Stat. 2945 110 Stat. 497 111 Stat. 1904 117 Stat. 1459 122 Stat. 4441 |
Public Law References | Public Law 103-337, Public Law 104-106, Public Law 105-85, Public Law 108-136, Public Law 110-417 |
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(a)
(1) shall be treated as if the officer had not been considered and recommended for promotion by the selection board or examined and been found qualified for Federal recognition; and
(2) may not be placed on a promotion list or promoted to the higher grade after returning to an active status,
unless the officer is again recommended for promotion by a selection board convened under chapter 36 of this title or section 14101(a) or 14502 of this title or examined for Federal recognition under title 32.
(b)
(c)
(d)
(A) is ordered to active duty as a member of the unit in which the vacancy exists when that unit is ordered to active duty; or
(B) has been ordered to or is serving on active duty in support of a contingency operation.
(2) If, under this subsection, the name of an officer is removed from a list of officers recommended for promotion, the officer shall be treated as if the officer had not been considered for promotion or examined for Federal recognition.
(e)
(A) by a mandatory promotion board convened under section 14101(a) of this title or a special selection board convened under section 14502 of this title; or
(B) in the case of an officer who has been ordered to or is serving on active duty in support of a contingency operation, by a vacancy promotion board convened under section 14101(a) of this title, or by examination for Federal recognition under title 32.
(2) An officer may not be considered for promotion under this subsection after the end of the two-year period beginning on the date on which the officer is ordered to active duty.
(3) An officer may not be considered for promotion under this subsection during a period when the operation of this section has been suspended by the President under section 123(a) of this title.
(4) Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2945; amended Pub. L. 104–106, div. A, title XV, §1501(b)(26), Feb. 10, 1996, 110 Stat. 497; Pub. L. 105–85, div. A, title X, §1073(a)(68), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 108–136, div. A, title V, §512(a), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 110–417, [div. A], title V, §513, Oct. 14, 2008, 122 Stat. 4441.)
PRIOR PROVISIONSProvisions similar to those in subsec. (a) of this section were contained in sections 3378, 5906, and 8378 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (b)(2), (c)(1).
AMENDMENTS2008—Subsec. (d). Pub. L. 110–417, §513(a), designated first sentence as par. (1) and second sentence as par. (2) and, in par. (1), substituted "unless the officer—" for "unless the officer", inserted subpar. (A) designation before "is ordered", substituted "duty; or" for "duty.", and added subpar. (B).
Subsec. (e)(1)(B). Pub. L. 110–417, §513(b), inserted ", or by examination for Federal recognition under title 32" before period at end.
2003—Subsec. (d). Pub. L. 108–136, §512(a)(1), substituted "Except as provided in subsection (e), if a reserve officer" for "If a reserve officer".
Subsec. (e). Pub. L. 108–136, §512(a)(2), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "Under regulations prescribed by the Secretary of the military department concerned, a reserve officer who is not on the active-duty list and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502 of this title for not more than two years from the date the officer is ordered to active duty unless the President suspends the operation of this section under the provisions of section 123 or 10213 of this title."
1997—Subsec. (d). Pub. L. 105–85 substituted "section 14315" for "section 14314".
1996—Subsec. (e). Pub. L. 104–106 inserted heading and substituted "123 or 10213" for "10213 or 644".
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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