
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14001]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
       CHAPTER 1401--APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS
 
Sec. 14001. Applicability of this part

    This chapter and chapters 1403 through 1411 of this title apply, as 
appropriate, to all reserve officers of the Army, Navy, Air Force, and 
Marine Corps except warrant officers.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2922.)


                             Effective Date

    Chapter 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 commissioned 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 recommended 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 recommended 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 recommended 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 regulations prescribed by the Secretary of the Army or 
the 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 reserve officer of 
the Army in the grade of first lieutenant, captain, or major who, on the 
day before the effective 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 effective date of this 
title, is in the grade of first lieutenant, captain, or major and whose 
name has been removed, under the provisions of section 3363(f) of title 
10, United States Code, from a list of officers recommended for 
promotion or who has previously not been promoted because the President 
declined to appoint the officer in the next higher grade under section 
8377 of such title as in effect on the day before the effective 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 consent 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 promotion, (B) is selected for promotion but 
removed from the list of officers recommended or approved for promotion, 
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 Declinations in Effect.--A 
reserve officer of the Army who, on the day before the effective date of 
this title, has declined 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 provisions 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 period 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 reserve 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 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], 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 Marine 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 provisions 
of those chapters.
    ``(c) Officers Other Than Covered Officers Recommended for 
Promotion.--A reserve officer of the Navy or Marine Corps who on the day 
before the effective date of this title (1) has been recommended for 
promotion in the approved report of a selection board convened under 
chapter 549 of title 10, United States Code, and (2) was on the active-
duty list of the Navy or Marine 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 regulations 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 covered 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 component, 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 subsection (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.''
