
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: 10USC14316]

 
                         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. 14316. Army National Guard and Air National Guard: 
        appointment to and Federal recognition in a higher reserve grade 
        after selection for promotion
        
    (a) Opportunity for Promotion To Fill a Vacancy in the Guard.--If an 
officer of the Army National Guard of the United States or the Air 
National Guard of the United States is recommended by a mandatory 
selection board convened under section 14101(a) or a special selection 
board convened under section 14502 of this title for promotion to the 
next higher grade, an opportunity shall be given to the appropriate 
authority of the State to promote that officer to fill a vacancy in the 
Army National Guard or the Air National Guard of that jurisdiction.
    (b) Automatic Federal Recognition.--An officer of the Army National 
Guard of the United States or the Air National Guard of the United 
States who is on a promotion list for promotion to the next higher grade 
as a result of selection for promotion as described in subsection (a) 
and who before the date of promotion is appointed in that higher grade 
to fill a vacancy in the Army National Guard or Air National Guard 
shall--
        (1) be extended Federal recognition in that grade, without the 
    examination prescribed in section 307 of title 32; and
        (2) subject to section 14311(e) of this title, be promoted to 
    that reserve grade effective on the date of the officer's 
    appointment in that grade in the Army National Guard or Air National 
    Guard.

    (c) National Guard Officers Failed of Selection.--An officer who is 
considered as failed of selection for promotion under section 14501 of 
this title to a grade may be extended Federal recognition in that grade 
only if the Secretary of the military department concerned finds that 
the officer is the only qualified officer available to fill a vacancy. 
The Secretary concerned may not delegate the authority under the 
preceding sentence.
    (d) Transfer to Army Reserve or Air Force Reserve.--If, on the date 
on which an officer of the Army National Guard of the United States or 
of the Air National Guard of the United States who is on a promotion 
list as described in subsection (a) is to be promoted, the officer has 
not been promoted to fill a vacancy in the higher grade in the Army 
National Guard or the Air National Guard, the officer's Federal 
recognition in the officer's reserve grade shall be withdrawn and the 
officer shall be promoted and transferred to the Army Reserve or the Air 
Force Reserve as appropriate.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2944.)
