10 U.S.C. § 12774 — Retired lists

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 this title. PART III—PROMOTION AND RETEN- TION OF OFFICERS ON THE RE- SERVE ACTIVE-STATUS LIST Chap. Sec. 1401. Applicability and Reserve Active-Sta- tus Lists ............................................. 14001 1403. Selection Boards .................................... 14101 1405. Promotions ............................................ 14301 1407. Failure of Selection for Promotion and Involuntary Separation ..................... 14501 1409. Continuation of Officers on the Reserve Active-Status List and Selective Early Removal ................................... 14701 1411. Additional Provisions Relating to In- voluntary Separation ......................... 14901 1413. Alternative promotion authority for of- ficers in designated competitive cat- egories 1 .............................................. 15101 Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, div. A, title V, § 514(b), Dec. 22, 2023, 137 Stat. 248, added item for chapter 1413. CHAPTER 1401—APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS Sec. 14001. Applicability of this part. 14002. Reserve active-status lists: requirement for each armed force. 14003. Reserve active-status lists: position of offi- cers on the list. 14004. Reserve active-status lists: eligibility for Re- serve promotion. 14005. Competitive categories. 14006. Determination of years in grade. § 14001. Applicability of this part This chapter and chapters 1403 through 1411 of this title apply, as appropriate, to all reserve of- ficers of the Army, Navy, Air Force, and Marine Corps except warrant officers. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2922.) 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. EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION FOR ARMY AND AIR FORCE OFFICERS Section 1682 of title XVI of div. A of Pub. L. 103–337 provided that: ‘‘(a) PROMOTIONS TO FILL VACANCIES.—A reserve com- missioned officer of the Army or Air Force (other than a commissioned warrant officer) who, on the day before 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], is rec- ommended for promotion to fill a vacancy in the Army Reserve or the Air Force Reserve under section 3383, 3384, 8372, or 8373 of title 10, United States Code, as in effect on the day before the effective date of this title, in the next higher reserve grade shall be considered to have been recommended for promotion to that grade by a vacancy promotion board under section 14101(a)(2) of title 10, United States Code, as added by this title. ‘‘(b) PROMOTIONS OTHER THAN TO FILL VACANCIES.—A reserve officer of the Army or Air Force who, on the day before the effective date of this title, is rec- ommended for promotion under section 3366, 3367, 3370, 3371, 8366, or 8371 of title 10, United States Code, as in effect on the day before the effective date of this title, to a reserve grade higher than the grade in which the officer is serving shall be considered to have been rec- ommended for promotion by a mandatory promotion board convened under section 14101(a)(1) of title 10, United States Code, as added by this title. ‘‘(c) OFFICERS FOUND QUALIFIED FOR PROMOTION TO FIRST LIEUTENANT.—A reserve officer of the Army or Air Force who, on the effective date of this title, holds the grade of second lieutenant and has been found qualified for promotion to the grade of first lieutenant in accordance with section 3365, 3382, or 8365 of title 10, United States Code, as in effect on the day before the effective date of this title, shall be promoted to that grade on the date on which the officer would have been promoted under the provisions of chapter 337 or 837 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 Army or the