
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: 10USC14317]

 
                         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. 14317. Officers in transition to and from the active-status 
        list or active-duty list
        
    (a) Effect of Transfer to Inactive Status or Retired Status.--If a 
reserve officer on the reserve active-status list is transferred to an 
inactive status or to a retired status after having been recommended for 
promotion to a higher grade under this chapter or chapter 36 of this 
title, or after having been found qualified for Federal recognition in 
the higher grade under title 32, but before being promoted, the 
officer--
        (1) shall be treated as if the officer had not been considered 
    and recommended for promotion by the selection board or examined and 
    been found qualified for Federal recognition; and
        (2) may not be placed on a promotion list or promoted to the 
    higher grade after returning to an active status,

unless the officer is again recommended for promotion by a selection 
board convened under chapter 36 of this title or section 14101(a) or 
14502 of this title or examined for Federal recognition under title 32.
    (b) Effect of Placement on Active-Duty List.--A reserve officer who 
is on a promotion list as a result of selection for promotion by a 
mandatory promotion board convened under section 14101(a) or a special 
selection board convened under section 14502 of this title and who 
before being promoted is placed on the active-duty list of the same 
armed force and placed in the same competitive category shall, under 
regulations prescribed by the Secretary of Defense, be placed on an 
appropriate promotion list for officers on the active-duty list 
established under chapter 36 of this title.
    (c) Officers on a Promotion List Removed From Active-Duty List.--An 
officer who is on the active-duty list and is on a promotion list as the 
result of selection for promotion by a selection board convened under 
chapter 36 of this title and who before being promoted is removed from 
the active-duty list and placed on the reserve active-status list of the 
same armed force and in the same competitive category (including a 
regular officer who on removal from the active-duty list is appointed as 
a reserve officer and placed on the reserve active-status list) shall, 
under regulations prescribed by the Secretary of Defense, be placed on 
an appropriate promotion list established under this chapter.
    (d) Officers Selected for Position Vacancies.--If a reserve officer 
is ordered to active duty (other than active duty for training) or full-
time National Guard duty (other than full-time National Guard duty for 
training only) after being recommended for promotion under section 14315 
of this title to fill a position vacancy or examined for Federal 
recognition under title 32, and before being promoted to fill that 
vacancy, the officer shall not be promoted while serving such active 
duty or full-time National Guard duty unless the officer is ordered to 
active duty as a member of the unit in which the vacancy exists when 
that unit is ordered to active duty. If, under this subsection, the name 
of an officer is removed from a list of officers recommended for 
promotion, the officer shall be treated as if the officer had not been 
considered for promotion or examined for Federal recognition.
    (e) Officers Ordered to Active Duty in Time of War or National 
Emergency.--Under regulations prescribed by the Secretary of the 
military department concerned, a reserve officer who is not on the 
active-duty list and who is ordered to active duty in time of war or 
national emergency may, if eligible, be considered for promotion by a 
mandatory promotion board convened under section 14101(a) or a special 
selection board convened under section 14502 of this title for not more 
than two years from the date the officer is ordered to active duty 
unless the President suspends the operation of this section under the 
provisions of section 123 or 10213 of this title.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2945; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(26), 
Feb. 10, 1996, 110 Stat. 497; Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(68), Nov. 18, 1997, 111 Stat. 1904.)


                            Prior Provisions

    Provisions similar to those in subsec. (a) of this section were 
contained in sections 3378, 5906, and 8378 of this title, prior to 
repeal by Pub. L. 103-337, Sec. 1629(a)(1), (b)(2), (c)(1).


                               Amendments

    1997--Subsec. (d). Pub. L. 105-85 substituted ``section 14315'' for 
``section 14314''.
    1996--Subsec. (e). Pub. L. 104-106 inserted heading and substituted 
``123 or 10213'' for ``10213 or 644''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 741, 12009 of this title.
