
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: 10USC14310]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
                        CHAPTER 1405--PROMOTIONS
 
Sec. 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 promotion list at any time before the date on which the 
officer is promoted.
    (b) Removal for Withholding of Senate Advice 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) Continued Eligibility for Promotion.--An officer whose name is 
removed from a list under subsection (a) or (b) continues to be eligible 
for consideration for promotion. If that officer is recommended for 
promotion by the next selection board convened for that officer's grade 
and competitive category and the officer is promoted, the Secretary of 
the military department concerned may, upon the promotion, grant the 
officer the same date of rank, the same effective 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, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2938.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 5905 of this title, prior to repeal by Pub. L. 103-337, 
Sec. 1629(b)(2).


                      Removals From Promotion List

    Section 1684(b) of title XVI of div. A of Pub. L. 103-337, as 
amended by Pub. L. 104-106, div. A, title XV, Sec. 1501(a)(9), Feb. 10, 
1996, 110 Stat. 495, provided that: ``An action that was initiated 
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] under the laws and regulations in 
effect before that date to remove the name of an officer from a 
promotion list or from a list of officers recommended or approved for 
promotion shall continue on and after such date as if such action had 
been initiated under section 14111(c) or 14310, as appropriate, of title 
10, United States Code, as added by this title.''

                  Section Referred to in Other Sections

    This section is referred to in section 14501 of this title.
