10 U.S.C. § 14002 — Reserve active-status lists: requirement

Page 3717 TITLE 10—ARMED FORCES § 14002 Secretary of the Air Force under section 14308(b) of title 10, United States Code, as added by this title. ‘‘(d) OFFICERS ONCE FAILED OF SELECTION.—(1) A re- serve officer of the Army in the grade of first lieuten- ant, captain, or major who, on the day before the effec- tive date of this title, has been considered once but not recommended for promotion to the next higher reserve grade under section 3366 or 3367 of title 10, United States Code, or a reserve officer of the Air Force in the grade of first lieutenant, captain, or major who, on the day before the effective date of this title, is a deferred officer within the meaning of section 8368 of such title, shall be considered to have been considered once but not selected for promotion by a board convened under section 14101(a)(1) of title 10, United States Code, as added by this title. If the officer is later considered for promotion by a selection board convened under that section and is not selected for promotion (or is selected for promotion but declines to accept the promotion), the officer shall be considered for all purposes to have twice failed of selection for promotion. ‘‘(2) In the case of a reserve officer of the Army or Air Force in an active status who, on the day before the ef- fective date of this title, is in the grade of first lieuten- ant, captain, or major and whose name has been re- moved, under the provisions of section 3363(f) of title 10, United States Code, from a list of officers rec- ommended for promotion or who has previously not been promoted because the President declined to ap- point the officer in the next higher grade under section 8377 of such title as in effect on the day before the ef- fective date of this title, or whose name was removed from a list of officers recommended for promotion to the next higher grade because the Senate did not con- sent to the officer’s appointment, if the officer is later considered for promotion by a selection board convened by section 14101(a)(1) of title 10, United States Code, as added by this title, and (A) is not selected for pro- motion, (B) is selected for promotion but removed from the list of officers recommended or approved for pro- motion, or (C) is selected for promotion but declines to accept the promotion, the officer shall be considered for all purposes to have twice failed of selection for promotion. ‘‘(e) OFFICERS TWICE FAILED OF SELECTION.—A reserve officer of the Army or Air Force in an active status who, on the day before the effective date of this title, is in the grade of first lieutenant, captain, or major and on that date is subject to be treated as prescribed in section 3846 or 8846 of title 10, United States Code, shall continue to be governed by that section as in effect on the day before the effective date of this title. ‘‘(f) OFFICERS WITH APPROVED PROMOTION DECLINA- TIONS IN EFFECT.—A reserve officer of the Army who, on the day before the effective date of this title, has de- clined a promotion under subsection (f) or (g) of section 3364 of title 10, United States Code, shall while carried on the reserve active status list be subject to the provi- sions of subsections (h), (i), and (j) of such section, as in effect on the day before the effective date of this title, except that the name of an officer to whom this section applies shall be placed on a promotion list under section 14308(a) of title 10, United States Code (as added by this title), and, at the end of the approved pe- riod of declination, shall be considered to have failed of promotion if the officer again declines to accept the promotion. ‘‘(g) COVERED OFFICERS.—This section applies to re- serve officers of the Army and Air Force who— ‘‘(1) on the day before the effective date of this title are in an active status; and ‘‘(2) on the effective date of this title are subject to placement on the reserve active-status list of the Army or the Air Force.’’ EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION FOR NAVY AND MARINE CORPS OFFICERS Section 1683 of title XVI of div. A of Pub. L. 103–337 provided that: ‘‘(a) RECOMMENDATIONS FOR PROMOTION.—An officer covered by this section who, on the day before the ef- fective 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], has been recommended for promotion to a reserve grade higher than the grade in which the officer is serving shall be considered to have been recommended for promotion to that grade under section 14101(a) of title 10, United States Code, as added by this title. ‘‘(b) FAILURES OF SELECTION.—An officer covered by this section who, on the day before the effective date of this title is considered to have failed of selection for promotion one or more times under chapter 549 of title 10, United States Code, to a grade below captain, in the case of a reserve officer of the Navy, or to a grade below colonel, in the case of a reserve officer of the Ma- rine Corps, shall be subject to chapters 1405 and 1407 of title 10, United States Code, as added by this title, as if such failure or failures had occurred under the provi- sions of those chapters. ‘‘(c) OFFICERS OTHER THAN COVERED OFFICERS REC- OMMENDED FOR PROMOTION.—A reserve officer of the Navy or Marine Corps who on the day before the effec- tive date of this title (1) has been recommended for pro- motion in the approved report of a selection board con- vened under chapter 549 of title 10, United States Code, and (2) was on the active-duty list of the Navy or Ma- rine Corps may be promoted under that chapter, as in effect on the day before the effective date of this title. ‘‘(d) OFFICERS FOUND QUALIFIED FOR PROMOTION TO LIEUTENANT (JUNIOR GRADE) OR FIRST LIEUTENANT.—A covered officer who, on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion in accordance with section 5908 or 5910 of title 10, United States Code, as in effect on the day before the effective date of this title, shall be promoted on the date on which the officer would have been promoted under the provisions of chapter 549 of such title, as in effect on the day before the effective date of this title, unless sooner promoted under regula- tions prescribed by the Secretary of the Navy under section 14307(b) of such title, as added by this title. ‘‘(e) OFFICERS WHOSE NAMES HAVE BEEN OMITTED FROM A LIST FURNISHED TO A SELECTION BOARD.—A cov- ered officer whose name, as of the effective date of this title, had been omitted by administrative error from the list of officers furnished the most recent selection board to consider officers of the same grade and compo- nent, shall be considered by a special selection board established under section 14502 of title 10, United States Code, as added by this title. If the officer is selected for promotion by that board, the officer shall be promoted as specified in section 5904 of title 10, United States Code, as in effect on the day before the effective date of this title. ‘‘(f) COVERED OFFICERS.—Except as provided in sub- section (c), this section applies to any reserve officer of the Navy or Marine Corps who (1) before the effective date of this title is in an active status, and (2) on the effective date of this title is subject to placement on the reserve active-status list of the Navy or Marine Corps.’’ § 14002. Reserve active-status lists: requirement for each armed force (a) The Secretary of each military department shall maintain a single list, to be known as the reserve active-status list, for each armed force under the Secretary’s jurisdiction. That list shall include the names of all reserve officers of that armed force who are in an active status other than those on an active-duty list described in section 620 of this title or warrant officers (including commissioned warrant officers). (b) The reserve active-status list for the Army shall include officers in the Army Reserve and the Army National Guard of the United States. The reserve active-status list for the Air Force Page 3718 TITLE 10—ARMED FORCES § 14003 shall include officers in the Air Force Reserve and the Air National Guard of the United States. The Secretary of the Navy shall main- tain separate lists for the Navy Reserve and the Marine Corps Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2922; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(OO), Jan. 6, 2006, 119 Stat. 3234.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST Pub. L. 103–337, div. A, title XVI, § 1686, Oct. 5, 1994, 108 Stat. 3024, provided that: ‘‘(a) SIX-MONTH DEADLINE.—Not later than six months after 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], the Secretary of the military department concerned shall ensure that— ‘‘(1) all officers of the Army, Navy, Air Force, and Marine Corps who are required to be placed on the re- serve active-status list of their Armed Force under section 14002 of title 10, United States Code, as added by this title, shall be placed on the list for their armed force and in their competitive category; and ‘‘(2) the relative seniority of those officers on each such list shall be established. ‘‘(b) REGULATIONS.—The Secretary concerned shall prescribe regulations for the establishment of relative seniority. The Secretary of the Army and the Secretary of the Air Force shall, in prescribing such regulations, provide for the consideration of both promotion service established under section 3360(b) or 8360(e) of title 10, United States Code, as in effect on the day before the effective date of this title, and total commissioned service established under section 3360(c) or 8366(e) of such title, as in effect on the day before the effective date of this title. An officer placed on a reserve active- status list in accordance with this section shall be con- sidered to have been on the list as of the effective date of this title.’’ PRESERVATION OF RELATIVE SENIORITY UNDER INITIAL ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST Pub. L. 103–337, div. A, title XVI, § 1687, Oct. 5, 1994, 108 Stat. 3025, provided that: ‘‘In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined under section 1686 [set out above], the Secretary of the mili- tary department concerned may, during the one-year period beginning 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], adjust the date of rank of any reserve officer of such Armed Force who was in an active status but not on the active-duty list on such effective date.’’ § 14003. Reserve active-status lists: position of of- ficers on the list (a) POSITION ON LIST.—Officers shall be carried on the reserve active-status list of the armed force of which they are members in the order of seniority of the grade in which they are serving in an active status. Officers serving in the same grade shall be carried in the order of their rank in that grade. (b) EFFECT ON POSITION HELD BY REASON OF TEMPORARY APPOINTMENT OR ASSIGNMENT.—An officer whose position on the reserve active-sta- tus list results from service under a temporary appointment or in a grade held by reason of as- signment to a position has, when that appoint- ment or assignment ends, the grade and position on that list that the officer would have held if the officer had not received that appointment or assignment. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(22), Feb. 10, 1996, 110 Stat. 497.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 inserted ‘‘lists’’ in section catch- line. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment 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 DATE Section 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. § 14004. Reserve active-status lists: eligibility for Reserve promotion Except as otherwise provided by law, an offi- cer must be on a reserve active-status list to be eligible under chapter 1405 of this title for con- sideration for selection for promotion or for pro- motion. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 14005. Competitive categories Each officer whose name appears on a reserve active-status list shall be placed in a competi- tive category. The competitive categories for each armed force shall be specified by the Sec- retary of the military department concerned under regulations prescribed by the Secretary of Defense. Officers in the same competitive cat- egory shall compete among themselves for pro- motion. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2923.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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.