10 U.S.C. § 14309 — Acceptance of promotion; oath of office

Page 3734 TITLE 10—ARMED FORCES § 14309 cers for promotion to the next higher grade that is sub- mitted to the Secretary of the military department concerned on or after Dec. 28, 2001, and Secretary of the military department concerned may apply subsec. (c)(2) of this section in the case of an appointment of an offi- cer to a higher grade resulting from a report of a selec- tion board submitted to the Secretary before Dec. 28, 2001, if the Secretary determines that such appoint- ment would have been made on an earlier date that is on or after Oct. 1, 2001, and was delayed under the cir- cumstances specified in section 741(d)(4) of this title, see section 506(c) of Pub. L. 107–107, set out as a note under section 741 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. § 14309. Acceptance of promotion; oath of office (a) ACCEPTANCE.—An officer who is appointed to a higher grade under this chapter shall be considered to have accepted the appointment on the date on which the appointment is made un- less the officer expressly declines the appoint- ment or is granted a delay of promotion under section 14312 of this title. (b) OATH.—An officer who has served continu- ously since taking the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under this chapter. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2938.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3394 and 8394 of this title, prior to re- peal by Pub. L. 103–337, § 1629(a)(1), (c)(1). 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. § 14310. Removal of officers from a list of officers recommended for promotion (a) REMOVAL BY PRESIDENT.—The President may remove the name of any officer from a pro- motion list at any time before the date on which the officer is promoted. (b) REMOVAL FOR WITHHOLDING OF SENATE AD- VICE AND CONSENT.—If the Senate does not give its advice and consent to the appointment to the next higher grade of an officer whose name is on a list of officers approved by the President for promotion (except in the case of promotions to a reserve grade to which appointments may be made by the President alone), the name of that officer shall be removed from the list. (c) REMOVAL AFTER 18 MONTHS.—(1) If an offi- cer whose name is on a list of officers approved for promotion under section 14308(a) of this title to a grade for which appointment is required by section 12203(a) of this title to be made by and with the advice and consent of the Senate is not appointed to that grade under such section dur- ing the officer’s promotion eligibility period, the officer’s name shall be removed from the list unless as of the end of such period the Senate has given its advice and consent to the appoint- ment. (2) Before the end of the promotion eligibility period with respect to an officer under para- graph (1), the President may extend that period for purposes of paragraph (1) by an additional 12 months. (3) In this subsection, the term ‘‘promotion eligibility period’’ means, with respect to an of- ficer whose name is on a list of officers approved for promotion under section 14308(a) of this title to a grade for which appointment is required by section 12203(a) of this title to be made by and with the advice and consent of the Senate, the period beginning on the date on which the list is so approved and ending on the first day of the eighteenth month following the month during which the list is so approved. (d) ADMINISTRATIVE REMOVAL.—Under regula- tions prescribed by the Secretary concerned, if an officer on the reserve active-status list is dis- charged or dropped from the rolls or transferred to a retired status after having been rec- ommended for promotion to a higher grade under this chapter or having been found quali- fied for Federal recognition in the higher grade under title 32, but before being promoted, the of- ficer’s name shall be administratively removed from the list of officers recommended for pro- motion by a selection board. (e) CONTINUED ELIGIBILITY FOR PROMOTION.—An officer whose name is removed from a list under subsection (a), (b), or (c) continues to be eligible for consideration for promotion. If that officer is recommended for promotion by the next selec- tion board convened for that officer’s grade and competitive category and the officer is pro- moted, the Secretary of the military depart- ment concerned may, upon the promotion, grant the officer the same date of rank, the same ef- fective date for the pay and allowances of the grade to which promoted, and the same position on the reserve active-status list, as the officer would have had if the officer’s name had not been removed from the list. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2938; amended Pub. L. 109–364, div. A, title V, § 515(b), Oct. 17, 2006, 120 Stat. 2186; Pub. L. 110–181, div. A, title X, § 1063(a)(16), Jan. 28, 2008, 122 Stat. 322; Pub. L. 111–383, div. A, title V, § 504(b), title X, § 1075(f)(7), Jan. 7, 2011, 124 Stat. 4208, 4376.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 5905 of this title, prior to repeal by Pub. L. 103–337, § 1629(b)(2). AMENDMENTS 2011—Subsec. (d). Pub. L. 111–383, § 504(b)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 111–383, § 1075(f)(7), made technical amendment to directory language of Pub. L. 110–181, § 1063(a)(16). See 2008 Amendment note below. Pub. L. 111–383, § 504(b)(1), redesignated subsec. (d) as (e). 2008—Subsec. (d). Pub. L. 110–181, § 1063(a)(16), as amended by Pub. L. 111–383, § 1075(f)(7), inserted comma after ‘‘(a)’’.