-CITE-

10 USC CHAPTER 1401 - APPLICABILITY AND RESERVE

ACTIVE-STATUS LISTS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

.

-HEAD-

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-MISC1-

Sec.

14001. Applicability of this part.

14002. Reserve active-status lists: requirement for each armed

force.

14003. Reserve active-status lists: position of officers on the

list.

14004. Reserve active-status lists: eligibility for Reserve

promotion.

14005. Competitive categories.

14006. Determination of years in grade.

-CITE-

10 USC Sec. 14001 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14001. Applicability of this part

-STATUTE-

This chapter and chapters 1403 through 1411 of this title apply,

as appropriate, to all reserve officers of the Army, Navy, Air

Force, and Marine Corps except warrant officers.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2922.)

-MISC1-

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.

EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION FOR

ARMY AND AIR FORCE OFFICERS

Section 1682 of title XVI of div. A of Pub. L. 103-337 provided

that:

''(a) Promotions To Fill Vacancies. - A reserve commissioned

officer of the Army or Air Force (other than a commissioned warrant

officer) who, on the day before 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 recommended for promotion to fill a vacancy in the Army Reserve

or the Air Force Reserve under section 3383, 3384, 8372, or 8373 of

title 10, United States Code, as in effect on the day before the

effective date of this title, in the next higher reserve grade

shall be considered to have been recommended for promotion to that

grade by a vacancy promotion board under section 14101(a)(2) of

title 10, United States Code, as added by this title.

''(b) Promotions Other Than To Fill Vacancies. - A reserve

officer of the Army or Air Force who, on the day before the

effective date of this title, is recommended for promotion under

section 3366, 3367, 3370, 3371, 8366, or 8371 of title 10, United

States Code, as in effect on the day before the effective date of

this title, to a reserve grade higher than the grade in which the

officer is serving shall be considered to have been recommended for

promotion by a mandatory promotion board convened under section

14101(a)(1) of title 10, United States Code, as added by this

title.

''(c) Officers Found Qualified for Promotion to First Lieutenant.

- A reserve officer of the Army or Air Force who, on the effective

date of this title, holds the grade of second lieutenant and has

been found qualified for promotion to the grade of first lieutenant

in accordance with section 3365, 3382, or 8365 of title 10, United

States Code, as in effect on the day before the effective date of

this title, shall be promoted to that grade on the date on which

the officer would have been promoted under the provisions of

chapter 337 or 837 of such title, as in effect on the day before

the effective date of this title, unless sooner promoted under

regulations prescribed by the Secretary of the Army or the

Secretary of the Air Force under section 14308(b) of title 10,

United States Code, as added by this title.

''(d) Officers Once Failed of Selection. - (1) A reserve officer

of the Army in the grade of first lieutenant, captain, or major

who, on the day before the effective date of this title, has been

considered once but not recommended for promotion to the next

higher reserve grade under section 3366 or 3367 of title 10, United

States Code, or a reserve officer of the Air Force in the grade of

first lieutenant, captain, or major who, on the day before the

effective date of this title, is a deferred officer within the

meaning of section 8368 of such title, shall be considered to have

been considered once but not selected for promotion by a board

convened under section 14101(a)(1) of title 10, United States Code,

as added by this title. If the officer is later considered for

promotion by a selection board convened under that section and is

not selected for promotion (or is selected for promotion but

declines to accept the promotion), the officer shall be considered

for all purposes to have twice failed of selection for promotion.

''(2) In the case of a reserve officer of the Army or Air Force

in an active status who, on the day before the effective date of

this title, is in the grade of first lieutenant, captain, or major

and whose name has been removed, under the provisions of section

3363(f) of title 10, United States Code, from a list of officers

recommended for promotion or who has previously not been promoted

because the President declined to appoint the officer in the next

higher grade under section 8377 of such title as in effect on the

day before the effective date of this title, or whose name was

removed from a list of officers recommended for promotion to the

next higher grade because the Senate did not consent to the

officer's appointment, if the officer is later considered for

promotion by a selection board convened by section 14101(a)(1) of

title 10, United States Code, as added by this title, and (A) is

not selected for promotion, (B) is selected for promotion but

removed from the list of officers recommended or approved for

promotion, or (C) is selected for promotion but declines to accept

the promotion, the officer shall be considered for all purposes to

have twice failed of selection for promotion.

''(e) Officers Twice Failed of Selection. - A reserve officer of

the Army or Air Force in an active status who, on the day before

the effective date of this title, is in the grade of first

lieutenant, captain, or major and on that date is subject to be

treated as prescribed in section 3846 or 8846 of title 10, United

States Code, shall continue to be governed by that section as in

effect on the day before the effective date of this title.

''(f) Officers With Approved Promotion Declinations in Effect. -

A reserve officer of the Army who, on the day before the effective

date of this title, has declined a promotion under subsection (f)

or (g) of section 3364 of title 10, United States Code, shall while

carried on the reserve active status list be subject to the

provisions of subsections (h), (i), and (j) of such section, as in

effect on the day before the effective date of this title, except

that the name of an officer to whom this section applies shall be

placed on a promotion list under section 14308(a) of title 10,

United States Code (as added by this title), and, at the end of the

approved period of declination, shall be considered to have failed

of promotion if the officer again declines to accept the promotion.

''(g) Covered Officers. - This section applies to reserve

officers of the Army and Air Force who -

''(1) on the day before the effective date of this title are in

an active status; and

''(2) on the effective date of this title are subject to

placement on the reserve active-status list of the Army or the

Air Force.''

EFFECTS OF SELECTION FOR PROMOTION AND FAILURE OF SELECTION FOR

NAVY AND MARINE CORPS OFFICERS

Section 1683 of title XVI of div. A of Pub. L. 103-337 provided

that:

''(a) Recommendations for Promotion. - An officer covered by this

section who, on the day before 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),

has been recommended for promotion to a reserve grade higher than

the grade in which the officer is serving shall be considered to

have been recommended for promotion to that grade under section

14101(a) of title 10, United States Code, as added by this title.

''(b) Failures of Selection. - An officer covered by this section

who, on the day before the effective date of this title is

considered to have failed of selection for promotion one or more

times under chapter 549 of title 10, United States Code, to a grade

below captain, in the case of a reserve officer of the Navy, or to

a grade below colonel, in the case of a reserve officer of the

Marine Corps, shall be subject to chapters 1405 and 1407 of title

10, United States Code, as added by this title, as if such failure

or failures had occurred under the provisions of those chapters.

''(c) Officers Other Than Covered Officers Recommended for

Promotion. - A reserve officer of the Navy or Marine Corps who on

the day before the effective date of this title (1) has been

recommended for promotion in the approved report of a selection

board convened under chapter 549 of title 10, United States Code,

and (2) was on the active-duty list of the Navy or Marine Corps may

be promoted under that chapter, as in effect on the day before the

effective date of this title.

''(d) Officers Found Qualified for Promotion to Lieutenant

(Junior Grade) or First Lieutenant. - A covered officer who, on the

effective date of this title, holds the grade of second lieutenant

and has been found qualified for promotion in accordance with

section 5908 or 5910 of title 10, United States Code, as in effect

on the day before the effective date of this title, shall be

promoted on the date on which the officer would have been promoted

under the provisions of chapter 549 of such title, as in effect on

the day before the effective date of this title, unless sooner

promoted under regulations prescribed by the Secretary of the Navy

under section 14307(b) of such title, as added by this title.

''(e) Officers Whose Names Have Been Omitted From a List

Furnished to a Selection Board. - A covered officer whose name, as

of the effective date of this title, had been omitted by

administrative error from the list of officers furnished the most

recent selection board to consider officers of the same grade and

component, shall be considered by a special selection board

established under section 14502 of title 10, United States Code, as

added by this title. If the officer is selected for promotion by

that board, the officer shall be promoted as specified in section

5904 of title 10, United States Code, as in effect on the day

before the effective date of this title.

''(f) Covered Officers. - Except as provided in subsection (c),

this section applies to any reserve officer of the Navy or Marine

Corps who (1) before the effective date of this title is in an

active status, and (2) on the effective date of this title is

subject to placement on the reserve active-status list of the Navy

or Marine Corps.''

-CITE-

10 USC Sec. 14002 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14002. Reserve active-status lists: requirement for each armed

force

-STATUTE-

(a) The Secretary of each military department shall maintain a

single list, to be known as the reserve active-status list, for

each armed force under the Secretary's jurisdiction. That list

shall include the names of all reserve officers of that armed force

who are in an active status other than those on an active-duty list

described in section 620 of this title or warrant officers

(including commissioned warrant officers).

(b) The reserve active-status list for the Army shall include

officers in the Army Reserve and the Army National Guard of the

United States. The reserve active-status list for the Air Force

shall include officers in the Air Force Reserve and the Air

National Guard of the United States. The Secretary of the Navy

shall maintain separate lists for the Naval Reserve and the Marine

Corps Reserve.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2922.)

-MISC1-

ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST

Section 1686 of title XVI of div. A of Pub. L. 103-337 provided

that:

''(a) Six-Month Deadline. - Not later than six months after 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), the Secretary of the military

department concerned shall ensure that -

''(1) all officers of the Army, Navy, Air Force, and Marine

Corps who are required to be placed on the reserve active-status

list of their Armed Force under section 14002 of title 10, United

States Code, as added by this title, shall be placed on the list

for their armed force and in their competitive category; and

''(2) the relative seniority of those officers on each such

list shall be established.

''(b) Regulations. - The Secretary concerned shall prescribe

regulations for the establishment of relative seniority. The

Secretary of the Army and the Secretary of the Air Force shall, in

prescribing such regulations, provide for the consideration of both

promotion service established under section 3360(b) or 8360(e) of

title 10, United States Code, as in effect on the day before the

effective date of this title, and total commissioned service

established under section 3360(c) or 8366(e) of such title, as in

effect on the day before the effective date of this title. An

officer placed on a reserve active-status list in accordance with

this section shall be considered to have been on the list as of the

effective date of this title.''

PRESERVATION OF RELATIVE SENIORITY UNDER INITIAL ESTABLISHMENT OF

RESERVE ACTIVE-STATUS LIST

Section 1687 of title XVI of div. A of Pub. L. 103-337 provided

that: ''In order to maintain the relative seniority among reserve

officers of the Army, Navy, Air Force, or Marine Corps as

determined under section 1686 (set out above), the Secretary of the

military department concerned may, during the one-year period

beginning 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), adjust the date of

rank of any reserve officer of such Armed Force who was in an

active status but not on the active-duty list on such effective

date.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 101 of this title.

-CITE-

10 USC Sec. 14003 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14003. Reserve active-status lists: position of officers on

the list

-STATUTE-

(a) Position on List. - Officers shall be carried on the reserve

active-status list of the armed force of which they are members in

the order of seniority of the grade in which they are serving in an

active status. Officers serving in the same grade shall be carried

in the order of their rank in that grade.

(b) Effect on Position Held by Reason of Temporary Appointment or

Assignment. - An officer whose position on the reserve

active-status list results from service under a temporary

appointment or in a grade held by reason of assignment to a

position has, when that appointment or assignment ends, the grade

and position on that list that the officer would have held if the

officer had not received that appointment or assignment.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2923; amended Pub. L. 104-106, div. A, title XV,

Sec. 1501(b)(22), Feb. 10, 1996, 110 Stat. 497.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 inserted ''lists'' in section catchline.

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.

-CITE-

10 USC Sec. 14004 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14004. Reserve active-status lists: eligibility for Reserve

promotion

-STATUTE-

Except as otherwise provided by law, an officer must be on a

reserve active-status list to be eligible under chapter 1405 of

this title for consideration for selection for promotion or for

promotion.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2923.)

-CITE-

10 USC Sec. 14005 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14005. Competitive categories

-STATUTE-

Each officer whose name appears on a reserve active-status list

shall be placed in a competitive category. The competitive

categories for each armed force shall be specified by the Secretary

of the military department concerned under regulations prescribed

by the Secretary of Defense. Officers in the same competitive

category shall compete among themselves for promotion.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2923.)

-CITE-

10 USC Sec. 14006 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART III - PROMOTION AND RETENTION OF OFFICERS ON THE RESERVE

ACTIVE-STATUS LIST

CHAPTER 1401 - APPLICABILITY AND RESERVE ACTIVE-STATUS LISTS

-HEAD-

Sec. 14006. Determination of years in grade

-STATUTE-

For the purpose of chapters 1403 through 1411 of this title, an

officer's years of service in a grade are computed from the

officer's date of rank in grade as determined under section 741(d)

of this title.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1611, Oct. 5,

1994, 108 Stat. 2923.)

-CITE-