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10 U.S.C. § 14317 — Officers in transition to and from the active-status list or active-duty list
Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect of Transfer to Inactive Status or Retired Status.—** If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter 36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—
(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) Effect of Placement on Active-Duty List.—** A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion 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) and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title.
**(c) Officers on a Promotion List Removed From Active-Duty List.—** An officer who is on the active-duty list and is on a promotion list as the result of selection for
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Stable record: federal_law:legal_authorities:record_usc_5794f117ee5dcc1b4b2df2a3
Source file: Laws/federal/codes/united-states-code/title-10/section-14317-officers-in-transition-to-and-from-the-active-status-list-or-active-duty--c364429834.md
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Source location: Title 10, Chapter 1405, § 14317; chapter-1405-promotions.md
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**(a) Effect of Transfer to Inactive Status or Retired Status.—** If a reserve officer on the reserve active-status list is transferred to an inactive status or to a retired status after having been recommended for promotion to a higher grade under this chapter or chapter 36 of this title, or after having been found qualified for Federal recognition in the higher grade under title 32, but before being promoted, the officer—
(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) Effect of Placement on Active-Duty List.—** A reserve officer who is on a promotion list as a result of selection for promotion by a mandatory promotion 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) and who before being promoted is placed on the active-duty list of the same armed force and placed in the same competitive category shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list for officers on the active-duty list established under chapter 36 of this title.
**(c) Officers on a Promotion List Removed From Active-Duty List.—** An officer who is on the active-duty list and is on a promotion list as the result of selection for promotion by a selection board convened under chapter 36 of this title and who before being promoted is removed from the active-duty list and placed on the reserve active-status list of the same armed force and in the same competitive category (including a regular officer who on removal from the active-duty list is appointed as a reserve officer and placed on the reserve active-status list) shall, under regulations prescribed by the Secretary of Defense, be placed on an appropriate promotion list established under this chapter.
**(d) Officers Selected for Position Vacancies.—**
(1) Except as provided in subsection (e), if a reserve officer is ordered to active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only) after being recommended for promotion under [section 14315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14315&num=0&edition=prelim) to fill a position vacancy or examined for Federal recognition under title 32, and before being promoted to fill that vacancy, the officer shall not be promoted while serving such active duty or full-time National Guard duty unless the officer—
(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) Officers Ordered to Active Duty in Time of War or National Emergency.—**
(1) 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—
(A) 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) 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); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section123/a&num=0&edition=prelim).
(4) Consideration of an officer for promotion under this subsection shall be under regulations prescribed by the Secretary of the military department concerned.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers Eligible for Consideration For Vacancy Promotions Below Brigadier General.—** A reserve officer of the Army who is in the Army Reserve, or a reserve officer of the Air Force who is in the Air Force Reserve, who is on the reserve active-status list in the grade of first lieutenant, captain, major, or lieutenant colonel is eligible for consideration for promotion to the next higher grade under this section if each of the following applies:
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim) for eligibility for consideration for promotion to the higher grade.
**(b) Consideration for Vacancy Promotion to Brigadier General or Major General.—**
(1) A reserve officer of the Army who is in the Army 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 in the Army Reserve or is recommended for such an assignment under regulations prescribed by the Secretary of the Army, (B) has held the officer’s present grade for the minimum period of service prescribed in [section 14303 of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14315
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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
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)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1191, acts Sept. 3, 1954, ch. 1257, title II, § 201, 68 Stat. 1150; June 30, 1955, ch. 247, § 1(a), 69 Stat. 218, related to constructive service credit on initial appointment. See [section 12207 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12207&num=0&edition=prelim), Armed Forces, and [section 3738 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3738&num=0&edition=prelim), Coast Guard.
Section 1192, act Sept. 3, 1954, ch. 1257, title II, § 202, 68 Stat. 1150, related to eligibility for promotion and to standards and qualifications for active status. See sections 12642 and 14301 et seq. of Title 10, Armed Forces, and [section 3743 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3743&num=0&edition=prelim), Coast Guard.
Section 1193, act Sept. 3, 1954, ch. 1257, title II, § 203, 68 Stat. 1150, related to appointment, composition, duration of service, quorum, and oath of service of selection boards, and to communications by officers eligible for promotion. See section 14101 et seq. of Title 10, Armed Forces, and [section 3741 of Title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section3741&num=0&edition=prelim), Coast Guard.
Section 1194, act Sept. 3, 1954, ch. 1257, title II, § 204, 68 Stat. 1151, authorized retention of officers with incomplete reserve service. See [section 12645 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12645&num=0&edition=prelim), Armed Forces.
Section 1195, acts Sept. 3, 1954, ch. 1257, title II, § 205, 68 Stat. 1151; June 30, 1955, ch. 247, § 1(b), 69 Stat. 218, related to retention of officers with eighteen or more ye
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1191 to 1202
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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. § 14317
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