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10 U.S.C. § 14001 — Applicability of this part
Federal law — U.S. Code and appendices · legal_authorities
This chapter and chapters 1403 through 1411 of this title apply, as appropriate, to all reserve officers of the Army, Navy, Air Force, and Marine Corps except warrant officers.
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Source location: Title 10, Chapter 1401, § 14001; chapter-1401-applicability-and-reserve-active-status-lists.md
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This chapter and chapters 1403 through 1411 of this title apply, as appropriate, to all reserve officers of the Army, Navy, Air Force, and Marine Corps except warrant officers.
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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)
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 3716
TITLE 10—ARMED FORCES
§ 12774
1 So in original. Probably should be ‘‘Alternative Promotion
Authority for Officers in Designated Competitive Categories’’.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(k)(1), Oct. 5, 1994, 108 Stat. 3005.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 1374(d) of this title, prior to repeal by
Pub. L. 103–337, § 1662(k)(2).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of this title.
§ 12774. Retired lists
(a) Under regulations prescribed by the Sec-
retary concerned, there shall be maintained re-
tired lists containing the names of the Reserves
of the armed forces under the Secretary’s juris-
diction who are in the Retired Reserve.
(b) The Secretary of the Navy shall maintain
a United States Naval Reserve Retired List con-
taining the names of members of the Navy Re-
serve and the Marine Corps Reserve entitled to
retired pay.
(Added Pub. L. 103–337, div. A, title XVI,
§ 1662(k)(1), Oct. 5, 1994, 108 Stat. 3006; amended
Pub. L. 109–163, div. A, title V, § 515(b)(1)(NN),
Jan. 6, 2006, 119 Stat. 3234.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in sections 1376(a) and 6017 of this title, prior to
repeal by Pub. L. 103–337, § 1662(k)(2), (3)(A)(i).
AMENDMENTS
2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘the
Navy Reserve’’ for ‘‘the Naval Reserve’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Dec. 1, 1994, except as otherwise pro-
vided, see section 1691 of Pub. L. 103–337, set out as a
note under section 10001 of th
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 14001
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