
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC14313]

 
                         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. 14313. Authority to vacate promotions to grade of brigadier 
        general or rear admiral (lower half)
        
    (a) Authority.--The President may vacate the appointment of a 
reserve officer to the grade of brigadier general or rear admiral (lower 
half) if the period of time during which the officer has served in that 
grade after promotion to that grade is less than 18 months.
    (b) Effect of Promotion Being Vacated.--Except as provided in 
subsection (c), an officer whose promotion to the grade of brigadier 
general is vacated under this section holds the grade of colonel as a 
reserve of the armed force of which the officer is a member. An officer 
whose promotion to the grade of rear admiral (lower half) is vacated 
under this section holds the grade of captain in the Naval Reserve. Upon 
assuming the lower grade, the officer shall have the same position on 
the reserve active-status list as the officer would have had if the 
officer had not served in the higher grade.
    (c) Special Rule for Officers Serving as Adjutant General.--In the 
case of an officer serving as an adjutant general or assistant adjutant 
general whose promotion to the grade of brigadier general is vacated 
under this section, the officer then holds the reserve grade held by 
that officer immediately before the officer's appointment as adjutant 
general or assistant adjutant general.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2942.)
