2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle E - Reserve Components (Sections 10001 - 18506)
Part III - Promotion and Retention of Officers on the Reserve Active-Status List (Sections 14001 - 14907)
Chapter 1405 - Promotions (Sections 14301 - 14317)
Sec. 14313 - Authority to vacate promotions to grade of brigadier general or rear admiral (lower half)
Publication Title | United States Code, 2012 Edition, Supplement 3, 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. 14313 - Authority to vacate promotions to grade of brigadier general or rear admiral (lower half) |
Contains | section 14313 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 109-163, div. A, title V, §515(b)(1)(SS), Jan. 6, 2006, 119 Stat. 3234. |
Statutes at Large References | 108 Stat. 2942 119 Stat. 3234 |
Public and Private Laws | Public Law 103-337, Public Law 109-163 |
Download PDF
(a) Authority.—The President may vacate the appointment of a reserve officer to the grade of brigadier general or rear admiral (lower half) if the period of time during which the officer has served in that grade after promotion to that grade is less than 18 months.
(b) Effect of Promotion Being Vacated.—Except as provided in subsection (c), an officer whose promotion to the grade of brigadier general is vacated under this section holds the grade of colonel as a reserve of the armed force of which the officer is a member. An officer whose promotion to the grade of rear admiral (lower half) is vacated under this section holds the grade of captain in the Navy Reserve. Upon assuming the lower grade, the officer shall have the same position on the reserve active-status list as the officer would have had if the officer had not served in the higher grade.
(c) Special Rule for Officers Serving as Adjutant General.—In the case of an officer serving as an adjutant general or assistant adjutant general whose promotion to the grade of brigadier general is vacated under this section, the officer then holds the reserve grade held by that officer immediately before the officer's appointment as adjutant general or assistant adjutant general.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 109–163, div. A, title V, §515(b)(1)(SS), Jan. 6, 2006, 119 Stat. 3234.)
AMENDMENTS2006—Subsec. (b). Pub. L. 109–163 substituted "Navy Reserve" for "Naval Reserve".
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.