
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 517(b)(2)(B)]
[CITE: 10USC14501]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
  PART III--PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE ACTIVE-
                               STATUS LIST
 
    CHAPTER 1407--FAILURE OF SELECTION FOR PROMOTION AND INVOLUNTARY 
                               SEPARATION
 
Sec. 14501. Failure of selection for promotion

    (a) Officers Below the Grade of Colonel or Navy Captain.--An officer 
on the reserve active-status list in a grade below the grade of colonel 
or, in the case of an officer in the Naval Reserve, captain who is in or 
above the promotion zone established for that officer's grade and 
competitive category and who (1) is considered but not recommended for 
promotion (other than by a vacancy promotion board), or (2) declines to 
accept a promotion for which selected (other than by a vacancy promotion 
board), shall be considered to have failed of selection for promotion.
    (b) Officers Twice Failed of Selection.--An officer shall be 
considered for all purposes to have twice failed of selection for 
promotion if any of the following applies:
        (1) The officer is considered but not recommended for promotion 
    a second time by a mandatory promotion board convened under section 
    14101(a) or a special selection board convened under section 
    14502(a) of this title.
        (2) The officer declines to accept a promotion for which 
    recommended by a mandatory promotion board convened under section 
    14101(a) or a special selection board convened under section 
    14502(a) or 14502(b) of this title after previously failing of 
    selection or after the officer's name was removed from the report of 
    a selection board under section 14111(b) or from a promotion list 
    under section 14310 of this title after recommendation for promotion 
    by an earlier selection board described in subsection (a).
        (3) The officer's name has been removed from the report of a 
    selection board under section 14111(b) or from a promotion list 
    under section 14310 of this title after recommendation by a 
    mandatory promotion board convened under section 14101(a) or by a 
    special selection board convened under section 14502(a) or 14502(b) 
    of this title and--
            (A) the officer is not recommended for promotion by the next 
        mandatory promotion board convened under section 14101(a) or 
        special selection board convened under section 14502(a) of this 
        title for that officer's grade and competitive category; or
            (B) the officer's name is again removed from the report of a 
        selection board under section 14111(b) or from a promotion list 
        under section 14310 of this title.

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5, 1994, 108 
Stat. 2946; amended Pub. L. 104-106, div. A, title XV, Sec. 1501(b)(28), 
Feb. 10, 1996, 110 Stat. 498.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106 inserted heading.


                    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.


                             Effective Date

    Chapter effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 
103-337, set out as a note under section 10001 of this title.


 Continuation on Reserve Active-Status List of Certain Reserve Colonels 
                          of Army and Air Force

    Section 1681 of title XVI of div. A of Pub. L. 103-337 provided 
that:
    ``(a) Continuation Under Old Law.--Except as provided in subsection 
(b), a reserve officer of the Army or the Air Force who, on 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]--
        ``(1) is subject to placement on the reserve active-status list 
    of the Army or the Air Force; and
        ``(2)(A) holds the reserve grade of colonel, (B) is on a list of 
    officers recommended for promotion to the reserve grade of colonel, 
    or (C) has been nominated by the President for appointment in the 
    reserve grade of colonel,
shall continue to be subject to mandatory transfer to the Retired 
Reserve or discharge from the officer's reserve appointment under 
section 3851 or 8851 of title 10, United States Code, as in effect on 
the day before the effective date of this title.
    ``(b) Exemption.--This section does not apply to an officer who is--
        ``(1) sooner transferred from an active status or discharged 
    under some other provision of law;
        ``(2) promoted to a higher grade, unless the officer was on a 
    list of officers recommended for promotion to the reserve grade of 
    colonel before the effective date of this title; or
        ``(3) continued on the reserve active-status list under section 
    14701 of title 10, United States Code, as added by this title.''


 Mandatory Separation for Age for Certain Reserve Officers of Navy and 
                              Marine Corps

    Section 1690 of title XVI of div. A of Pub. L. 103-337 provided 
that:
    ``(a) Savings Provisions for Required Separation Age.--A reserve 
officer of the Navy or the Marine Corps--
        ``(1) who--
            ``(A) on 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] is in an 
        active status, and
            ``(B) on the day before the effective date of this title was 
        an officer described in section 6389(e), 6397(a), 6403(a), or 
        6403(b) of title 10, United States Code; and
        ``(2) who, on or after the effective date of this title is 
    subject to elimination from an active status under any provision of 
    such title,
is entitled to be treated as that officer would have been treated under 
section 6397 or 6403 as applicable, as in effect on the day before the 
effective date of this title, if that treatment would result in the date 
for the officer's separation from an active status being a later date 
than the date established under the law in effect on or after the 
effective date of this title.
    ``(b) Savings Provisions for Mandatory Separation for Age.--An 
officer who was initially appointed in the Naval Reserve or the Marine 
Corps Reserve before January 1, 1953, and who cannot complete 20 years 
of service computed under section 12732 of this title before he becomes 
62 years of age, but can complete this service by the time he becomes 64 
years of age, may be retained in an active status not later than the 
date he becomes 64 years of age.
    ``(c) An officer who was initially appointed in the Naval Reserve or 
the Marine Corps Reserve before the effective date of this title, and 
who cannot complete 20 years of service computed under section 12732 of 
this title before he becomes 60 years of age, but can complete this 
service by the time he becomes 62 years of age, may be retained in an 
active status not later than the date he becomes 62 years of age.''

                  Section Referred to in Other Sections

    This section is referred to in sections 14315, 14316 of this title.
