
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: 10USC14314]

 
                         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. 14314. Army and Air Force commissioned officers: generals 
        ceasing to occupy positions commensurate with grade; State 
        adjutants general
        
    (a) General Officers.--Within 30 days after a reserve officer of the 
Army or the Air Force on the reserve active-status list in a general 
officer grade ceases to occupy a position commensurate with that grade 
(or commensurate with a higher grade), the Secretary concerned shall 
transfer or discharge the officer in accordance with whichever of the 
following the officer elects:
        (1) Transfer the officer in grade to the Retired Reserve, if the 
    officer is qualified and applies for the transfer.
        (2) Transfer the officer in grade to the inactive status list of 
    the Standby Reserve, if the officer is qualified.
        (3) Discharge the officer from the officer's reserve appointment 
    and, if the officer is qualified and applies therefor, appoint the 
    officer in the reserve grade held by the officer as a reserve 
    officer before the officer's appointment in a general officer grade.
        (4) Discharge the officer from the officer's reserve 
    appointment.

    (b) Adjutants General.--If a reserve officer who is federally 
recognized in the Army National Guard or the Air National Guard solely 
because of the officer's appointment as adjutant general or assistant 
adjutant general of a State ceases to occupy that position, the 
Secretary concerned, not later than 30 days after the date on which the 
officer ceases to occupy that position, shall--
        (1) withdraw that officer's Federal recognition; and
        (2) require that the officer--
            (A) be transferred in grade to the Retired Reserve, if the 
        officer is qualified and applies for the transfer;
            (B) be discharged from the officer's reserve appointment and 
        appointed in the reserve grade held by the officer as a reserve 
        officer immediately before the appointment of that officer as 
        adjutant general or assistant adjutant general, if the officer 
        is qualified and applies for that appointment; or
            (C) be discharged from the officer's reserve appointment.

    (c) Credit for Service in Grade.--An officer who is appointed under 
subsection (a)(3) or (b)(2)(B) shall be credited with an amount of 
service in the grade in which appointed that is equal to the amount of 
prior service in an active status in that grade and in any higher grade.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2942; amended Pub. L. 104-201, div. A, title V, Sec. 544(c), Sept. 
23, 1996, 110 Stat. 2523.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3375, 8375, and 8381 of this title, prior to repeal by Pub. L. 
103-337, Sec. 1629(a)(1), (c)(1).


                               Amendments

    1996--Subsec. (b)(2)(B). Pub. L. 104-201 struck out ``of the Air 
Force'' after ``reserve officer''.

                  Section Referred to in Other Sections

    This section is referred to in section 12009 of this title.
