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 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION (§§ 14501 - 14519)
Section 14501 - Failure of selection for promotion
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 1407 - FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY SEPARATION Sec. 14501 - Failure of selection for promotion |
Contains | section 14501 |
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. 2946; amended Pub. L. 104-106, div. A, title XV, §1501(b)(28), Feb. 10, 1996, 110 Stat. 498; Pub. L. 109-163, div. A, title V, §515(b)(1)(TT), Jan. 6, 2006, 119 Stat. 3234. |
Statutes at Large References | 108 Stat. 2946, 3021, 3025 110 Stat. 498 119 Stat. 3234 |
Public Law References | Public Law 103-337, Public Law 104-106, Public Law 109-163 |
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(a)
(b)
(1) The officer is considered but not recommended for promotion a second time by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) of this title.
(2) The officer declines to accept a promotion for which recommended by a mandatory promotion board convened under section 14101(a) or a special selection board convened under section 14502(a) or 14502(b) of this title after previously failing of selection or after the officer's name was removed from the report of a selection board under section 14111(b) or from a promotion list under section 14310 of this title after recommendation for promotion by an earlier selection board described in subsection (a).
(3) The officer's name has been removed from the report of a selection board under section 14111(b) or from a promotion list under section 14310 of this title after recommendation by a mandatory promotion board convened under section 14101(a) or by a special selection board convened under section 14502(a) or 14502(b) of this title and—
(A) the officer is not recommended for promotion by the next mandatory promotion board convened under section 14101(a) or special selection board convened under section 14502(a) of this title for that officer's grade and competitive category; or
(B) the officer's name is again removed from the report of a selection board under section 14111(b) or from a promotion list under section 14310 of this title.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2946; amended Pub. L. 104–106, div. A, title XV, §1501(b)(28), Feb. 10, 1996, 110 Stat. 498; Pub. L. 109–163, div. A, title V, §515(b)(1)(TT), Jan. 6, 2006, 119 Stat. 3234.)
AMENDMENTS2006—Subsec. (a). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".
1996—Subsec. (a). Pub. L. 104–106 inserted heading.
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.
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.
CONTINUATION ON RESERVE ACTIVE-STATUS LIST OF CERTAIN RESERVE COLONELS OF ARMY AND AIR FORCEPub. L. 103–337, div. A, title XVI, §1681, Oct. 5, 1994, 108 Stat. 3021, provided that:
"(a)
"(1) is subject to placement on the reserve active-status list of the Army or the Air Force; and
"(2)(A) holds the reserve grade of colonel, (B) is on a list of officers recommended for promotion to the reserve grade of colonel, or (C) has been nominated by the President for appointment in the reserve grade of colonel,
shall continue to be subject to mandatory transfer to the Retired Reserve or discharge from the officer's reserve appointment under section 3851 or 8851 of title 10, United States Code, as in effect on the day before the effective date of this title.
"(b)
"(1) sooner transferred from an active status or discharged under some other provision of law;
"(2) promoted to a higher grade, unless the officer was on a list of officers recommended for promotion to the reserve grade of colonel before the effective date of this title; or
"(3) continued on the reserve active-status list under section 14701 of title 10, United States Code, as added by this title."
MANDATORY SEPARATION FOR AGE FOR CERTAIN RESERVE OFFICERS OF NAVY AND MARINE CORPSPub. L. 103–337, div. A, title XVI, §1690, Oct. 5, 1994, 108 Stat. 3025, provided that:
"(a)
"(1) who—
"(A) on 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] is in an active status, and
"(B) on the day before the effective date of this title was an officer described in section 6389(e), 6397(a), 6403(a), or 6403(b) of title 10, United States Code; and
"(2) who, on or after the effective date of this title is subject to elimination from an active status under any provision of such title,
is entitled to be treated as that officer would have been treated under section 6397 or 6403 as applicable, as in effect on the day before the effective date of this title, if that treatment would result in the date for the officer's separation from an active status being a later date than the date established under the law in effect on or after the effective date of this title.
"(b)
"(c) An officer who was initially appointed in the Naval Reserve [now Navy Reserve] or the Marine Corps Reserve before the effective date of this title, and who cannot complete 20 years of service computed under section 12732 of this title before he becomes 60 years of age, but can complete this service by the time he becomes 62 years of age, may be retained in an active status not later than the date he becomes 62 years of age."
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