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10 U.S.C. § 14316 — Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion
Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States is recommended by a mandatory selection board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) for promotion to the next higher grade, an opportunity shall be given to the appropriate authority of the State to promote that officer to fill a vacancy in the Army National Guard or the Air National Guard of that jurisdiction.
**(b) Automatic Federal Recognition.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States who is on a promotion list for promotion to the next higher grade as a result of selection for promotion as described in subsection (a) and who before the date of promotion is appointed in that higher grade to fill a vacancy in the Army National Guard or Air National Guard shall—
(1) be extended Federal recognition in that grade, without the examination prescribed in [section 307 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim); and
(2) subject to [section 14311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311/e&num=0&edition=prelim), be promoted to that reserve grade effective on the date of the officer’s appointment in that grade in the Army National Guard or Air National Guard.
**(c) National Guard Officers Failed of Selection.—** An officer who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/v
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Source file: Laws/federal/codes/united-states-code/title-10/section-14316-army-national-guard-and-air-national-guard-appointment-to-and-federal-re--a9019f1c2e.md
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Source location: Title 10, Chapter 1405, § 14316; chapter-1405-promotions.md
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**(a) Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States is recommended by a mandatory selection board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) for promotion to the next higher grade, an opportunity shall be given to the appropriate authority of the State to promote that officer to fill a vacancy in the Army National Guard or the Air National Guard of that jurisdiction.
**(b) Automatic Federal Recognition.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States who is on a promotion list for promotion to the next higher grade as a result of selection for promotion as described in subsection (a) and who before the date of promotion is appointed in that higher grade to fill a vacancy in the Army National Guard or Air National Guard shall—
(1) be extended Federal recognition in that grade, without the examination prescribed in [section 307 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim); and
(2) subject to [section 14311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311/e&num=0&edition=prelim), be promoted to that reserve grade effective on the date of the officer’s appointment in that grade in the Army National Guard or Air National Guard.
**(c) National Guard Officers Failed of Selection.—** An officer who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14501&num=0&edition=prelim) to a grade may be extended Federal recognition in that grade only if the Secretary of the military department concerned finds that the officer is the only qualified officer available to fill a vacancy. The Secretary concerned may not delegate the authority under the preceding sentence.
**(d) Transfer to Army Reserve or Air Force Reserve.—** If, on the date on which an officer of the Army National Guard of the United States or of the Air National Guard of the United States who is on a promotion list as described in subsection (a) is to be promoted, the officer has not been promoted to fill a vacancy in the higher grade in the Army National Guard or the Air National Guard, the officer’s Federal recognition in the officer’s reserve grade shall be withdrawn and the officer shall be promoted and transferred to the Army Reserve or the Air Force Reserve as appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Not Considered Because of Administrative Error.—**
(1) In the case of an officer or former officer who the Secretary of the military department concerned determines was not considered for selection for promotion from in or above the promotion zone by a mandatory promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) because of administrative error, the Secretary concerned shall convene a special selection board under this subsection to determine whether such officer or former officer should be recommended for promotion. Any such board shall be convened under regulations prescribed by the Secretary of Defense and shall be appointed and composed in accordance with [section 14102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14102&num=0&edition=prelim) and shall include the representation of competitive categories required by that section. The members of a board convened under this subsection shall be required to take an oath in the same manner as prescribed in [section 14103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14103&num=0&edition=prelim).
(2) A special selection board convened under this subsection shall consider the record of the officer or former officer as that record would have appeared to the promotion board that should have considered the officer or former officer. That record shall be compared with a sampling of the records of those officers of the same grade and competitive category who were recommended for promotion and those officers of the same grade and competitive category who were not recommended for promotion by that board.
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14502
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by [section 312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section312&num=0&edition=prelim).
**(b)** The examination prescribed by subsection (a)—
(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2) may be held before original appointment or promotion.
**(c)** If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
**(d)** Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 307
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Below the Grade of Colonel or Navy Captain.—** An officer on the reserve active-status list in a grade below the grade of colonel or, in the case of an officer in the Navy Reserve, captain who is in or above the promotion zone established for that officer’s grade and competitive category and who (1) is considered but not recommended for promotion (other than by a vacancy promotion board), or (2) declines to accept a promotion for which selected (other than by a vacancy promotion board), shall be considered to have failed of selection for promotion.
**(b) Officers Twice Failed of Selection.—** An officer shall be considered for all purposes to have twice failed of selection for promotion if any of the following applies:
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502/a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14310&num=0&edition=prelim) 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 p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14501
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Federal law — U.S. Code and appendices · legal_authorities
Page 3740
TITLE 10—ARMED FORCES
§ 14316
§ 14316. Army National Guard and Air National
Guard: appointment to and Federal recogni-
tion in a higher reserve grade after selection
for promotion
(a) OPPORTUNITY FOR PROMOTION TO FILL A VA-
CANCY IN THE GUARD.—If an officer of the Army
National Guard of the United States or the Air
National Guard of the United States is rec-
ommended by a mandatory selection board con-
vened under section 14101(a) or a special selec-
tion board convened under section 14502 of this
title for promotion to the next higher grade, an
opportunity shall be given to the appropriate
authority of the State to promote that officer to
fill a vacancy in the Army National Guard or
the Air National Guard of that jurisdiction.
(b) AUTOMATIC FEDERAL RECOGNITION.—An offi-
cer of the Army National Guard of the United
States or the Air National Guard of the United
States who is on a promotion list for promotion
to the next higher grade as a result of selection
for promotion as described in subsection (a) and
who before the date of promotion is appointed in
that higher grade to fill a vacancy in the Army
National Guard or Air National Guard shall—
(1) be extended Federal recognition in that
grade, without the examination prescribed in
section 307 of title 32; and
(2) subject to section 14311(e) of this title, be
promoted to that reserve grade effective on
the date of the officer’s appointment in that
grade in the Army National Guard or Air Na-
tional Guard.
(c) NATIONAL GUARD OFFICERS FAILED OF SE-
LECTION.—An officer who is considered as failed
of selection for promotion under section 14501 of
this title to a grade may be extended Federal
recognition in that grade only if the Secretary
of the military department concerned finds that
t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14316
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