10 U.S.C. § 14316 — Army National Guard and Air National

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 the officer is the only qualified officer available to fill a vacancy. The Secretary concerned may not delegate the authority under the preceding sentence. (d) TRANSFER TO ARMY RESERVE OR AIR FORCE RESERVE.—If, on the date on which an officer of the Army National Guard of the United States or of the Air National Guard of the United States who is on a promotion list as described in subsection (a) is to be promoted, the officer has not been promoted to fill a vacancy in the high- er grade in the Army National Guard or the Air National Guard, the officer’s Federal recogni- tion in the officer’s reserve grade shall be with- drawn and the officer shall be promoted and transferred to the Army Reserve or the Air Force Reserve as appropriate. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2944.) 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. § 14317. Officers in transition to and from the ac- tive-status list or active-duty list (a) EFFECT OF TRANSFER TO INACTIVE STATUS OR RETIRED STATUS.—If a reserve officer on the reserve active-status list is transferred to an in- active 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 pro- motion by the selection board or examined and been found qualified for Federal recogni- tion; 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 pro- motion 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 sec- tion 14101(a) or a special selection board con- vened under section 14502 of this title 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 reg- ulations 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 selec- tion board convened under chapter 36 of this title and who before being promoted is removed from the active-duty list and placed on the re- serve active-status list of the same armed force and in the same competitive category (including a regular officer who on removal from the ac- tive-duty list is appointed as a reserve officer and placed on the reserve active-status list) shall, under regulations prescribed by the Sec- retary of Defense, be placed on an appropriate promotion list established under this chapter. (d) OFFICERS SELECTED FOR POSITION VACAN- CIES.—(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 Na- tional Guard duty (other than full-time Na- tional Guard duty for training only) after being recommended for promotion under section 14315 of this title to fill a position vacancy or exam- ined 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 ac- tive duty in support of a contingency oper- ation. (2) If, under this subsection, the name of an of- ficer is removed from a list of officers rec- ommended for promotion, the officer shall be