10 U.S.C. § 14005 — Competitive categories

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. Page 3719 TITLE 10—ARMED FORCES § 14102 § 14006. Determination of years in grade For the purpose of chapters 1403 through 1411 of this title, an officer’s years of service in a grade are computed from the officer’s date of rank in grade as determined under section 741(d) of this title. (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. CHAPTER 1403—SELECTION BOARDS Sec. 14101. Convening of selection boards. 14102. Selection boards: appointment and composi- tion. 14103. Oath of members. 14104. Nondisclosure of board proceedings. 14105. Notice of convening of promotion board. 14106. Communication with board by officers under consideration. 14107. Information furnished by the Secretary con- cerned to promotion boards. 14108. Recommendations by promotion boards. 14109. Reports of promotion boards: in general. 14110. Reports of promotion boards: review by Sec- retary. 14111. Reports of selection boards: transmittal to President. 14112. Dissemination of names of officers selected. Editorial Notes AMENDMENTS 2006—Pub. L. 109–364, div. A, title V, § 547(d)(2), Oct. 17, 2006, 120 Stat. 2216, substituted ‘‘Nondisclosure’’ for ‘‘Confidentiality’’ in item 14104. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(23), Feb. 10, 1996, 110 Stat. 497, substituted ‘‘promotion’’ for ‘‘selection’’ in item 14105. § 14101. Convening of selection boards (a) PROMOTION BOARDS.—(1) Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned shall convene a selection board to recommend for pro- motion to the next higher grade, under chapter 1405 of this title, officers on the reserve active- status list of that armed force in a permanent grade from first lieutenant through brigadier general or, in the case of the Navy Reserve, lieu- tenant (junior grade) through rear admiral (lower half). A selection board convened under this subsection shall be known as a ‘‘promotion board’’. (2) A promotion board convened to recommend reserve officers of the Army or reserve officers of the Air Force for promotion (A) to fill a posi- tion vacancy under section 14315 of this title, or (B) to the grade of brigadier general or major general, shall be known as a ‘‘vacancy pro- motion board’’. Any other promotion board con- vened under this subsection shall be known as a ‘‘mandatory promotion board’’. (3) Paragraph (1) does not require the con- vening of a selection board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under sec- tion 14308(b)(4) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (b) SELECTIVE EARLY SEPARATION BOARDS.— Whenever the needs of the Army, Navy, Air Force, or Marine Corps require, the Secretary concerned may convene a selection board to rec- ommend officers of that armed force— (1) for selective early removal from the re- serve active-status list under section 14704 of this title; or (2) for selective early retirement under sec- tion 14705 of this title. (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2924; amended Pub. L. 105–85, div. A, title V, § 514(a), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, § 505(b)(3), Dec. 28, 2001, 115 Stat. 1087; Pub. L. 108–136, div. A, title V, § 511(b)(1), Nov. 24, 2003, 117 Stat. 1459; Pub. L. 109–163, div. A, title V, § 515(b)(1)(PP), Jan. 6, 2006, 119 Stat. 3234.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(1). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 2003—Subsec. (b). Pub. L. 108–136, § 511(b)(1)(A), (D), substituted ‘‘Selective Early Separation Boards’’ for ‘‘Continuation Boards’’ in heading and struck out con- cluding provisions which read as follows: ‘‘A selection board convened under this subsection shall be known as a ‘continuation board’.’’ Subsec. (b)(1) to (3). Pub. L. 108–136, § 511(b)(1)(B), (C), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘for continuation on the reserve active-status list under section 14701 of this title;’’. 2001—Subsec. (a)(3). Pub. L. 107–107 added par. (3). 1997—Subsec. (a)(2). Pub. L. 105–85 struck out ‘‘(except in the case of a board convened to consider officers as provided in section 14301(e) of this title)’’ before ‘‘be known as a ‘vacancy promotion board’.’’ 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. § 14102. Selection boards: appointment and com- position (a) APPOINTMENT.—Members of selection boards convened under section 14101 of this title shall be appointed by the Secretary of the mili- tary department concerned in accordance with this section. Promotion boards and special selec- tion boards shall consist of five or more officers. Selection boards convened under section 14101(b) of this title shall consist of three or more offi- cers. All of the officers of any such selection board shall be of the same armed force as the of- ficers under consideration by the board. (b) COMPOSITION.—At least one-half of the members of such a selection board shall be re- serve officers, to include at least one reserve of- ficer from each reserve component from which officers are to be considered by the board. Each member of a selection board must hold a perma-