not be disclosed to a person not a member of the board
(or a member of the administrative staff designated by
the Secretary concerned to assist the board) until the writ-
ten report of the recommendations of the board, required
by section 14109 of this title, is signed by each member
of the board.
‘‘(e) PROHIBITION OF COERCION AND UNAUTHOR-
IZED INFLUENCE OF ACTIONS OF BOARD MEMBERS.—
The Secretary convening a promotion board under section
14101(a) of this title, and an officer or other official exer-
cising authority over any member of a selection board,
may not—
‘‘(1) censure, reprimand, or admonish the selec-
tion board or any member of the board with respect
to the recommendations of the board or the exercise
of any lawful function within the authorized discre-
tion of the board; or
‘‘(2) attempt to coerce or, by any unauthorized
means, influence any action of a promotion board or
any member of a promotion board in the formulation
of the board’s recommendations.
‘‘§ 14109. Reports of promotion boards: in general
‘‘(a) REPORT
OF OFFICERS RECOMMENDED
FOR
PROMOTION.—Each promotion board convened under sec-
tion 14101(a) of this title shall submit to the Secretary
of the military department concerned a report in writing
containing a list of the names of the officers recommended
by the board for promotion. The report shall be signed
by each member of the board.
‘‘(b) CERTIFICATION.—Each report under subsection
(a) shall include a certification—
‘‘(1) that the board has carefully considered the
record of each officer whose name was furnished to
the board; and
‘‘(2) that, in the case of a promotion board con-
vened under section 14101(a) of this title, in the
opinion of a majority of the members of the board,
the officers recommended for promotion by the
board are best qualified for promotion to meet the
needs of the armed force concerned (as noted in the
guidelines or information furnished the board under
section 14107 of this title) among those officers
whose names were furnished to the selection board.
‘‘(c) SHOW-CAUSE RECOMMENDATIONS.—(1) A pro-
motion board convened under section 14101(a) of this title
shall include in its report to the Secretary concerned the
name of any reserve officer before it for consideration for
promotion whose record, in the opinion of a majority of
the members of the board, indicates that the officer should
be required to show cause for retention in an active status.
‘‘(2) If such a report names an officer as having a
record which indicates that the officer should be required
to show cause for retention, the Secretary concerned may
provide for the review of the record of that officer as pro-
vided under regulations prescribed under section 14902 of
this title.
‘‘§ 14110. Reports of promotion boards: review by Sec-
retary
‘‘(a) REVIEW OF REPORT.—Upon receipt of the re-
port of a promotion board submitted under section
14109(a) of this title, the Secretary of the military depart-
ment concerned shall review the report to determine
whether the board has acted contrary to law or regulation
or to guidelines furnished the board under section
14107(a) of this title. Following that review, unless the
Secretary concerned makes a determination as described
in subsection (b), the Secretary shall submit the report
as required by section 14111 of this title.
‘‘(b) RETURN OF REPORT FOR FURTHER PROCEED-
INGS.—If, on the basis of a review of the report under
subsection (a), the Secretary of the military department
concerned determines that the board acted contrary to law
or regulation or to guidelines furnished the board under
section 14107(a) of this title, the Secretary shall return
the report, together with a written explanation of the basis
for such determination, to the board for further proceed-
ings. Upon receipt of a report returned by the Secretary
concerned under this subsection, the selection board (or
a subsequent selection board convened under section
14101(a) of this title for the same grade and competitive
category) shall conduct such proceedings as may be nec-
essary in order to revise the report to be consistent with
law, regulation, and such guidelines and shall resubmit the
report, as revised, to the Secretary in accordance with sec-
tion 14109 of this title.
‘‘§ 14111. Reports of selection boards: transmittal to
President
‘‘(a) TRANSMITTAL TO PRESIDENT.—The Secretary
concerned, after final review of the report of a selection
board under section 14110 of this title, shall submit the
report with the Secretary’s recommendations, to the Sec-
retary of Defense for transmittal by the Secretary to the
President for approval or disapproval. If the authority of
the President to approve or disapprove the report of a pro-
motion board is delegated to the Secretary of Defense,
that authority may not be redelegated except to an official
in the Office of the Secretary of Defense.
‘‘(b) REMOVAL OF NAME FROM BOARD REPORT.—
The name of an officer recommended for promotion by
a selection board may be removed from the report of the
selection board only by the President.
‘‘(c) RECOMMENDATIONS
FOR REMOVAL
OF SE-
LECTED OFFICERS FROM REPORT.—If the Secretary of
a military department or the Secretary of Defense makes
a recommendation under this section that the name of an
officer be removed from the report of a promotion board
and the recommendation is accompanied by information
that was not presented to that promotion board, that in-
formation shall be made available to that officer. The offi-
cer shall then be afforded a reasonable opportunity to sub-
mit comments on that information to the officials making
the recommendation and the officials reviewing the rec-
ommendation. If an eligible officer cannot be given access
to such information because of its classification status, the
officer shall, to the maximum extent practicable, be pro-
vided with an appropriate summary of the information.
‘‘§ 14112. Dissemination of names of officers selected
‘‘Upon approval by the President of the report of a
promotion board, the names of the officers recommended
for promotion by the promotion board (other than any
name removed by the President) may be disseminated to
the armed force concerned. If those names have not been
sooner disseminated, those names (other than the name
of any officer whose promotion the Senate failed to con-
firm) shall be promptly disseminated to the armed force
concerned upon confirmation by the Senate.
‘‘CHAPTER 1405—PROMOTIONS
‘‘Sec.
‘‘14301. Eligibility for consideration for promotion: general rules.
‘‘14302. Promotion zones.
‘‘14303. Eligibility for consideration for promotion: minimum years of service
in grade.
‘‘14304. Eligibility for consideration for promotion: maximum years of service
in grade.
‘‘14305. Establishment of promotion zones: mandatory consideration for pro-
motion.
‘‘14306. Establishment of promotion zones: Naval Reserve and Marine Corps
Reserve running mate system.
‘‘14307. Numbers of officers to be recommended for promotion.
‘‘14308. Promotions: how made.
‘‘14309. Acceptance of promotion: oath of office.
‘‘14310. Removal of officers from a list of officers recommended for promotion.
‘‘14311. Delay of promotion: involuntary.
‘‘14312. Delay of promotion: voluntary.
‘‘14313. Authority to vacate promotions to grade of brigadier general or rear
admiral (lower half).
‘‘14314. Army and Air Force commissioned officers: generals ceasing to occupy
positions commensurate with grade; state adjutants general.
‘‘14315. Position vacancy promotions: Army and Air Force officers.
‘‘14316. Army National Guard and Air National Guard: appointment to and
Federal recognition in a higher reserve grade after selection for
promotion.
‘‘14317. Officers in transition to and from the active-status list or active-duty
list.
‘‘§ 14301. Eligibility for consideration for promotion:
general rules
‘‘(a) ONE-YEAR RULE.—An officer is eligible under
this chapter for consideration for promotion by a pro-
motion board convened under section 14101(a) of this title
only if—
‘‘(1) the officer is on the reserve active-status
list of the Army, Navy, Air Force, or Marine Corps;
and
‘‘(2) during the one-year period ending on the
date of the convening of the promotion board the of-
ficer has continuously performed service on either
the reserve active-status list or the active-duty list
(or on a combination of both lists).
‘‘(b) REQUIREMENT FOR CONSIDERATION OF ALL
OFFICERS IN AND ABOVE THE ZONE.—Whenever a pro-
motion board (other than a vacancy promotion board) is
convened under section 14101(a) of this title for consider-
ation of officers in a competitive category who are eligible
under this chapter for consideration for promotion to the
next higher grade, each officer in the promotion zone, and
each officer above the promotion zone, for that grade and
competitive category shall be considered for promotion.
‘‘(c) PREVIOUSLY SELECTED OFFICERS NOT ELIGI-
BLE TO BE CONSIDERED.—A promotion board convened
under section 14101(a) of this title may not consider for
promotion to the next higher grade—
‘‘(1) an officer whose name is on a promotion
list for that grade as a result of recommendation for
promotion to that grade by an earlier selection board
convened under that section or section 14502 of this
title or under chapter 36 of this title;
‘‘(2) an officer who has been approved for Fed-
eral recognition by a board convened under section
307 of title 32 and nominated by the President for
promotion to the next higher grade as a reserve of
the Army or of the Air Force as the case may be;
or
‘‘(3) an officer who has been nominated by the
President for promotion to the next higher grade
under any other provision of law.
‘‘(d) OFFICERS BELOW THE ZONE.—The Secretary
of the military department concerned may, by regulation,
prescribe procedures to limit the officers to be considered
by a selection board from below the promotion zone to
those officers who are determined to be exceptionally well
qualified for promotion. The regulations shall include cri-
teria for determining which officers below the promotion
zone are exceptionally well qualified for promotion.
‘‘(e) RESERVE OFFICERS OF THE ARMY; CONSIDER-
ATION
FOR BRIGADIER GENERAL
AND MAJOR GEN-
ERAL.—In the case of officers of the Army, if the Sec-
retary of the Army determines that vacancies are author-
ized or anticipated in the reserve grades of major general
or brigadier general for officers who are on the reserve
active-status list and who are not assigned to units orga-
nized to serve as a unit and the Secretary convenes a man-
datory promotion board under section 14101(a) of this
title to consider officers for promotion to fill such vacan-
cies, the Secretary may limit the officers to be considered
by that board to those determined to be exceptionally well
qualified for promotion under such criteria and procedures
as the Secretary may by regulation prescribe.
‘‘(f) CERTAIN RESERVE OFFICERS
OF
THE AIR
FORCE.—A reserve officer of the Air Force who (1) is in
the Air National Guard of the United States and holds
the grade of lieutenant colonel, colonel, or brigadier gen-
eral, or (2) is in the Air Force Reserve and holds the grade
of colonel or brigadier general, is not eligible for consider-
ation for promotion by a mandatory promotion board con-
vened under section 14101(a) of this title.
‘‘(g) NONCONSIDERATION OF OFFICERS SCHEDULED
FOR REMOVAL FROM RESERVE ACTIVE-STATUS LIST.—
The Secretary of the military department concerned may,
by regulation, provide for the exclusion from consideration
for promotion by a promotion board of any officer other-
wise eligible to be considered by the board who has an
established date for removal from the reserve active-status
list that is not more than 90 days after the date on which
the selection board for which the officer would otherwise
be eligible is to be convened.
‘‘§ 14302. Promotion zones
‘‘(a) PROMOTION ZONES GENERALLY.—For purposes
of this chapter, a promotion zone is an eligibility category
for the consideration of officers by a mandatory promotion
board. A promotion zone consists of those officers on the
reserve active-status list who are in the same grade and
competitive category and who meet the requirements of
both paragraphs (1) and (2) or the requirements of para-
graph (3), as follows:
‘‘(1)(A) In the case of officers in grades below
colonel, for reserve officers of the Army, Air Force,
and Marine Corps, or captain, for officers of the
Naval Reserve, those who have neither (i) failed of
selection for promotion to the next higher grade, nor
(ii) been removed from a list of officers rec-
ommended for promotion to that grade.
‘‘(B) In the case of officers in the grade of colo-
nel or brigadier general, for reserve officers of the
Army and Marine Corps, or in the grade of captain
or rear admiral (lower half), for reserve officers of
the Navy, those who have neither (i) been rec-
ommended for promotion to the next higher grade
when considered in the promotion zone, nor (ii) been
removed from a list of officers recommended for pro-
motion to that grade.
‘‘(2) Those officers who are senior to the officer
designated by the Secretary of the military depart-
ment concerned to be the junior officer in the pro-
motion zone eligible for consideration for promotion
to the next higher grade and the officer so des-
ignated.
‘‘(3) Those officers who—
‘‘(A) have been selected from below the
zone for promotion to the next higher grade or
by a vacancy promotion board, but whose
names were removed from the list of officers
recommended for promotion to that next higher
grade resulting from that selection;
‘‘(B) have not failed of selection for pro-
motion to that next higher grade; and
‘‘(C) are senior to the officer designated by
the Secretary of the military department con-
cerned to be the junior officer in the promotion
zone eligible for consideration for promotion
to that next higher grade and the officer so
designated.
‘‘(b) OFFICERS ABOVE THE ZONE.—Officers on the
reserve active-status list are considered to be above the
promotion zone for a grade and competitive category if
they—
‘‘(1) are eligible for consideration for promotion
to the next higher grade;
‘‘(2) are in the same grade as those officers in
the promotion zone for that competitive category;
and
‘‘(3) are senior to the senior officer in the pro-
motion zone for that competitive category.
‘‘(c) OFFICERS BELOW THE ZONE.—Officers on the
reserve active-status list are considered to be below the
promotion zone for a grade and competitive category if
they—
‘‘(1) are eligible for consideration for promotion
to the next higher grade;
‘‘(2) are in the same grade as those officers in
the promotion zone for that competitive category;
and
‘‘(3) are junior to the junior officer in the pro-
motion zone for that competitive category.
‘‘§ 14303. Eligibility for consideration for promotion:
minimum years of service in grade
‘‘(a) OFFICERS IN PAY GRADES O–1 AND O–2.—An
officer who is on the reserve active-status list of the Army,
Navy, Air Force, or Marine Corps and holds a permanent
appointment in the grade of second lieutenant or first lieu-
tenant as a reserve officer of the Army, Air Force, or Ma-
rine Corps, or in the grade of ensign or lieutenant (junior
grade) as a reserve officer of the Navy, may not be pro-
moted to the next higher grade, or granted Federal rec-
ognition in that grade, until the officer has completed the
following years of service in grade:
‘‘(1) Eighteen months, in the case of an officer
holding a permanent appointment in the grade of
second lieutenant or ensign.
‘‘(2) Two years, in the case of an officer hold-
ing a permanent appointment in the grade of first
lieutenant or lieutenant (junior grade).
‘‘(b) OFFICERS IN PAY GRADES O–3 AND ABOVE.—
Subject to subsection (d), an officer who is on the reserve
active-status list of the Army, Air Force, or Marine Corps
and holds a permanent appointment in a grade above first
lieutenant, or who is on the reserve active-status list of
the Navy in a grade above lieutenant (junior grade), may
not be considered for selection for promotion to the next
higher grade, or examined for Federal recognition in the
next higher grade, until the officer has completed the fol-
lowing years of service in grade:
‘‘(1) Three years, in the case of an officer of
the Army, Air Force, or Marine Corps holding a per-
manent appointment in the grade of captain, major,
or lieutenant colonel or in the case of a reserve of-
ficer of the Navy holding a permanent appoint-
ment
in the grade of lieutenant, lieutenant com-
mander, or commander.
‘‘(2) One year, in the case of an officer of the
Army, Air Force, or Marine Corps holding a perma-
nent appointment in the grade of colonel or briga-
dier general or in the case of a reserve officer of the
Navy holding a permanent appointment in the grade
of captain or rear admiral (lower half).
This subsection does not apply to an adjutant general or
assistant adjutant general of a State or to an appointment
in a higher grade which is based upon a specific provision
of law.
‘‘(c) AUTHORITY TO LENGTHEN MINIMUM PERIOD
IN GRADE.—The Secretary concerned may prescribe a pe-
riod of service in grade for eligibility for promotion, in the
case of officers to whom subsection (a) applies, or for eligi-
bility for consideration for promotion, in the case of offi-
cers to whom subsection (b) applies, that is longer than
the applicable period specified in that subsection.
‘‘(d) WAIVERS TO ENSURE TWO BELOW-THE-ZONE
CONSIDERATIONS.—Subject to section 14307(b) of this
title, the Secretary of the military department concerned
may waive subsection (b) to the extent necessary to ensure
that officers described in paragraph (1) of that subsection
have at least two opportunities for consideration for pro-
motion to the next higher grade as officers below the pro-
motion zone.
‘‘§ 14304. Eligibility for consideration for promotion:
maximum years of service in grade
‘‘(a) CONSIDERATION
FOR
PROMOTION
WITHIN
SPECIFIED TIMES.—(1) Officers described in paragraph
(3) shall be placed in the promotion zone for that officer’s
grade and competitive category, and shall be considered
for promotion to the next higher grade by a promotion
board convened under section 14101(a) of this title, far
enough in advance of completing the years of service in
grade specified in the following table so that, if the officer
is recommended for promotion, the promotion may be ef-
fective on or before the date on which the officer will com-
plete those years of service.
Maximum years of
‘‘Current Grade
service in grade
‘‘First lieutenant or Lieutenant (junior grade) ................
5 years
‘‘Captain or Navy Lieutenant ...........................................
7 years
‘‘Major or Lieutenant commander ....................................
7 years
‘‘(2) Paragraph (1) is subject to subsections (a), (b),
and (c) of section 14301 of this title and applies without
regard to vacancies.
‘‘(3) Paragraph (1) applies to an officer who is on
the reserve active-status list of the Army, Navy, Air Force,
or Marine Corps and who holds a permanent appointment
in the grade of first lieutenant, captain, or major as a
reserve of the Army, Air Force, or Marine Corps, or to
an officer on the reserve active-status list of the Navy in
the grade of lieutenant (junior grade), lieutenant, or lieu-
tenant commander as a reserve of the Navy, and who,
while holding that appointment, has not been considered
by a selection board convened under section 14101(a) or
14502 of this title for promotion to the next higher grade.
‘‘(b) PROMOTION DATE.—An officer holding a per-
manent grade specified in the table in subsection (a) who
is recommended for promotion to the next higher grade
by a selection board the first time the officer is considered
for promotion while in or above the promotion zone and
who is placed on an approved promotion list established
under section 14308(a) of this title shall (if not promoted
sooner or removed from that list by the President or by
reason of declination) be promoted, without regard to the
existence of a vacancy, on the date on which the officer
completes the maximum years of service in grade specified
in subsection (a). The preceding sentence is subject to the
limitations of section 12011 of this title.
‘‘(c) WAIVER AUTHORITY FOR NAVY AND MARINE
CORPS RUNNING MATE SYSTEM.—If the Secretary of the
Navy establishes promotion zones for officers on the re-
serve active-status list of the Navy or the Marine Corps
Reserve in accordance with a running mate system under
section 14306 of this title, the Secretary may waive the
requirements of subsection (a) to the extent the Secretary
considers necessary in any case in which the years of serv-
ice for promotion, or for consideration for promotion,
within those zones will exceed the maximum years of serv-
ice in grade specified in subsection (a).
‘‘§ 14305. Establishment of promotion zones: manda-
tory consideration for promotion
‘‘(a) ESTABLISHMENT OF ZONE.—Before convening
a mandatory promotion board under section 14101(a) of
this title, the Secretary of the military department con-
cerned shall establish a promotion zone for officers serving
in each grade and competitive category to be considered
by the board.
‘‘(b) NUMBER IN THE ZONE.—The Secretary con-
cerned shall determine the number of officers in the pro-
motion zone for officers serving in any grade and competi-
tive category from among officers who are eligible for pro-
motion in that grade and competitive category under the
provisions of sections 14303 and 14304 of this title and
who are otherwise eligible for promotion.
‘‘(c) FACTORS IN DETERMINING NUMBER IN THE
ZONE.—The Secretary’s determination under subsection
(b) shall be made on the basis of an estimate of the fol-
lowing:
‘‘(1) The number of officers needed in that
competitive category in the next higher grade in
each of the next five years.
‘‘(2) In the case of a promotion zone for offi-
cers to be promoted to a grade to which the maxi-
mum years of in grade criteria established in section
14304 of this title apply, the number of officers in
that competitive category who are required to be
considered for selection for promotion to the next
higher grade under that section.
‘‘(3) The number of officers that should be
placed in the promotion zone in each of the next five
years to provide to officers in those years relatively
similar opportunities for promotion.
‘‘§ 14306. Establishment of promotion zones: Naval
Reserve and Marine Corps Reserve run-
ning mate system
‘‘(a) AUTHORITY OF SECRETARY OF THE NAVY.—
The Secretary of the Navy may by regulation implement
section 14305 of this title by requiring that the promotion
zone for consideration of officers on the reserve active-sta-
tus list of the Navy or the Marine Corps for promotion
to the next higher grade be determined in accordance with
a running mate system as provided in subsection (b).
‘‘(b) ASSIGNMENT OF RUNNING MATES.—An officer
to whom a running mate system applies shall be assigned
as a running mate an officer of the same grade on the
active-duty list of the same armed force. The officer on
the reserve active-status list is in the promotion zone and
is eligible for consideration for promotion to the next high-
er grade by a selection board convened under section
14101(a) of this title when that officer’s running mate is
in or above the promotion zone established for that offi-
cer’s grade under chapter 36 of this title.
‘‘(c) CONSIDERATION
OF OFFICERS BELOW
THE
ZONE UNDER A RUNNING MATE SYSTEM.—If the Sec-
retary of the Navy authorizes the selection of officers for
promotion from below the promotion zone in accordance
with section 14307 of this title, the number of officers to
be considered from below the zone may be established
through the application of the running mate system or
otherwise as the Secretary determines to be appropriate
to meet the needs of the Navy or Marine Corps.
‘‘§ 14307. Number of officers to be recommended for
promotion
‘‘(a) DETERMINATION OF MAXIMUM NUMBER.—Be-
fore convening a promotion board under section 14101(a)
of this title for a grade and competitive category (other
than a vacancy promotion board), the Secretary of the
military department concerned, under regulations pre-
scribed by the Secretary of Defense, shall determine the
maximum number of officers in that grade and competi-
tive category that the board may recommend for pro-
motion. The Secretary shall make the determination under
the preceding sentence of the maximum number that may
be recommended with a view to having on the reserve ac-
tive-status list a sufficient number of officers in each
grade and competitive category to meet the needs of the
armed force concerned for officers on that list. In order
to make that determination, the Secretary shall determine
(1) the number of positions needed to accomplish mission
objectives which require officers of such competitive cat-
egory in the grade to which the board will recommend offi-
cers for promotion, (2) the estimated number of officers
needed to fill vacancies in such positions during the period
in which it is anticipated that officers selected for pro-
motion will be promoted, (3) the number of officers au-
thorized by the Secretary of the military department con-
cerned to serve on the reserve active-status list in the
grade and competitive category under consideration, and
(4) any statutory limitation on the number of officers in
any grade or category (or combination thereof) authorized
to be on the reserve active-status list.
‘‘(b) BELOW-THE-ZONE SELECTIONS.—(1) The Sec-
retary of the military department concerned may, when
the needs of the armed force concerned require, authorize
the consideration of officers in the grade of captain, major,
or lieutenant colonel on the reserve active-status list of the
Army or Air Force, in a grade above first lieutenant on
the reserve active-status list of the Marine Corps, or in
a grade above lieutenant (junior grade) on the reserve ac-
tive-status list of the Navy, for promotion to the next high-
er grade from below the promotion zone.
‘‘(2) When selection from below the promotion zone
is authorized, the Secretary shall establish the number of
officers that may be recommended for promotion from
below the promotion zone in each competitive category to
be considered. That number may not exceed the number
equal to 10 percent of the maximum number of officers
that the board is authorized to recommend for promotion
in such competitive category, except that the Secretary of
Defense may authorize a greater number, not to exceed
15 percent of the total number of officers that the board
is authorized to recommend for promotion, if the Sec-
retary of Defense determines that the needs of the armed
force concerned so require. If the maximum number deter-
mined under this paragraph is less than one, the board
may recommend one officer for promotion from below the
promotion zone.
‘‘(3) The number of officers recommended for pro-
motion from below the promotion zone does not increase
the maximum number of officers that the board is author-
ized to recommend for promotion under subsection (a).
‘‘§ 14308. Promotions: how made
‘‘(a) PROMOTION LIST.—When the report of a selec-
tion board convened under section 14101(a) or 14502 of
this title is approved by the President, the Secretary of
the military department concerned shall place the names
of all officers selected for promotion within a competitive
category on a single list for that competitive category, to
be known as a promotion list, in the order of seniority
of those officers on the reserve active-status list.
‘‘(b) PROMOTION; HOW MADE; ORDER.—(1) Officers
on a promotion list for a competitive category shall be pro-
moted in the manner specified in section 12203 of this
title.
‘‘(2) Officers on a promotion list for a competitive
category shall be promoted to the next higher grade in
accordance with regulations prescribed by the Secretary
of the military department concerned. Except as provided
in section 14311, 14312, or 14502(e) of this title or in
subsection (d) or (e), promotions shall be made in the
order in which the names of officers appear on the pro-
motion list and after officers previously selected for pro-
motion in that competitive category have been promoted.
‘‘(3) Officers to be promoted to the grade of first lieu-
tenant or lieutenant (junior grade) shall be promoted in
accordance with regulations prescribed by the Secretary
of the military department concerned.
‘‘(c) DATE OF RANK.—(1) The date of rank of an
officer appointed to a higher grade under this section is
determined under section 741(d)(2) of this title.
‘‘(2) Except as specifically authorized by law, a re-
serve officer is not entitled to additional pay or allowances
if the effective date of the officer’s promotion is adjusted
to reflect a date earlier than the actual date of the officer’s
promotion.
‘‘(d) OFFICERS WITH RUNNING MATES.—An officer
to whom a running mate system applies under section
14306 of this title and who is selected for promotion is
eligible for promotion to the grade for which selected when
the officer who is that officer’s running mate becomes eli-
gible for promotion under chapter 36 of this title. The ef-
fective date of the promotion of that officer shall be the
same as that of the officer’s running mate in the grade
to which the running mate is promoted.
‘‘(e) ARMY RESERVE AND AIR FORCE RESERVE PRO-
MOTIONS TO FILL VACANCIES.—Subject to this section
and to section 14311(e) of this title, and under regulations
prescribed by the Secretary of the military department
concerned—
‘‘(1) an officer in the Army Reserve or the Air
Force Reserve who is on a promotion list as a result
of selection for promotion by a mandatory promotion
board convened under section 14101(a) of this title
or a board convened under section 14502 or chapter
36 of this title may be promoted at any time to fill
a vacancy in a position to which the officer is as-
signed; and
‘‘(2) an officer in the Army Reserve or the Air
Force Reserve who is on a promotion list as a result
of selection for promotion by a vacancy promotion
board convened under section 14101(a) of this title
may be promoted at any time to fill the vacancy for
which the officer was selected.
‘‘(f) EFFECTIVE DATE OF PROMOTION AFTER FED-
ERAL RECOGNITION.—The effective date of a promotion
of a reserve commissioned officer of the Army or the Air
Force who is extended Federal recognition in the next
higher grade in the Army National Guard or the Air Na-
tional Guard under section 307 or 310 of title 32 shall
be the date on which such Federal recognition in that
grade is so extended.
‘‘(g) ARMY AND AIR FORCE GENERAL OFFICER PRO-
MOTIONS.—A reserve officer of the Army who is on a pro-
motion list for promotion to the grade of brigadier general
or major general as a result of selection by a vacancy pro-
motion board may be promoted to that grade only to fill
a vacancy in that grade in a unit of the Army Reserve
that is organized to serve as a unit and that has attained
the strength prescribed by the Secretary of the Army. A
reserve officer of the Air Force who is on a promotion
list for promotion to the grade of brigadier general or
major general as a result of selection by a vacancy pro-
motion board may be promoted to that grade only to fill
a vacancy in the Air Force Reserve in that grade.
‘‘§ 14309. Acceptance of promotion; oath of office
‘‘(a) ACCEPTANCE.—An officer who is appointed to
a higher grade under this chapter shall be considered to
have accepted the appointment on the date on which the
appointment is made unless the officer expressly declines
the appointment or is granted a delay of promotion under
section 14312 of this title.
‘‘(b) OATH.—An officer who has served continuously
since taking the oath of office prescribed in section 3331
of title 5 is not required to take a new oath upon appoint-
ment to a higher grade under this chapter.
‘‘§ 14310. Removal of officers from a list of officers
recommended for promotion
‘‘(a) REMOVAL BY PRESIDENT.—The President may
remove the name of any officer from a promotion list at
any time before the date on which the officer is promoted.
‘‘(b) REMOVAL FOR WITHHOLDING OF SENATE AD-
VICE AND CONSENT.—If the Senate does not give its ad-
vice and consent to the appointment to the next higher
grade of an officer whose name is on a list of officers ap-
proved by the President for promotion (except in the case
of promotions to a reserve grade to which appointments
may be made by the President alone), the name of that
officer shall be removed from the list.
‘‘(c) CONTINUED ELIGIBILITY FOR PROMOTION.—An
officer whose name is removed from a list under sub-
section (a) or (b) continues to be eligible for consideration
for promotion. If that officer is recommended for pro-
motion by the next selection board convened for that offi-
cer’s grade and competitive category and the officer is pro-
moted, the Secretary of the military department concerned
may, upon the promotion, grant the officer the same date
of rank, the same effective date for the pay and allowances
of the grade to which promoted, and the same position
on the reserve active-status list, as the officer would have
had if the officer’s name had not been removed from the
list.
‘‘§ 14311. Delay of promotion: involuntary
‘‘(a) DELAY DURING INVESTIGATIONS
AND PRO-
CEEDINGS.—(1) Under regulations prescribed by the Sec-
retary of the military department concerned, the appoint-
ment of an officer to a higher grade may be delayed if
any of the following applies before the date on which the
appointment would otherwise be made:
‘‘(A) Sworn charges against the officer have
been received by an officer exercising general court-
martial jurisdiction over the officer and the charges
have not been disposed of.
‘‘(B) An investigation is being conducted to de-
termine whether disciplinary action of any kind
should be brought against the officer.
‘‘(C) A board of officers has been convened
under section 14903 of this title to review the record
of the officer.
‘‘(D) A criminal proceeding in a Federal or
State court of competent jurisdiction is pending
against the officer.
‘‘(2) If disciplinary action is not taken against the
officer, if the charges against the officer are withdrawn
or dismissed, if the officer is not separated by the Sec-
retary of the military department concerned as the result
of having been required to show cause for retention, or
if the officer is acquitted of the charges, as the case may
be, then (unless action to delay the officer’s appointment
to the higher grade has been taken under subsection (b))
the officer shall be retained on the promotion list, list of
officers found qualified for Federal recognition, or list of
officers nominated by the President to the Senate for ap-
pointment in a higher reserve grade and shall, upon pro-
motion to the next higher grade, have the same date of
rank, the same effective date for the pay and allowances
of the grade to which promoted, and the same position
on the reserve active-status list as the officer would have
had if no delay had intervened, unless the Secretary con-
cerned determines that the officer was unqualified for pro-
motion for any part of the delay. If the Secretary makes
such a determination, the Secretary may adjust such date
of rank, effective date of pay and allowances, and position
on the reserve active-status list as the Secretary considers
appropriate under the circumstances.
‘‘(b) DELAY FOR LACK OF QUALIFICATIONS.—Under
regulations prescribed by the Secretary of the military de-
partment concerned, the appointment of an officer to a
higher grade may also be delayed if there is cause to be-
lieve that the officer is mentally, physically, morally, or
professionally unqualified to perform the duties of the
grade to which selected. If the Secretary concerned later
determines that the officer is qualified for promotion to
the higher grade, the officer shall be retained on the pro-
motion list, the list of officers found qualified for Federal
recognition, or list of officers nominated by the President
to the Senate for appointment in a higher reserve grade,
and shall, upon promotion to that grade, have the same
date of rank, the same effective date for pay and allow-
ances of that grade, and the same position on the reserve
active-status list as the officer would have had if no delay
had intervened, unless the Secretary concerned determines
that the officer was unqualified for promotion for any part
of the delay. If the Secretary makes such a determination,
the Secretary may adjust such date of rank, effective date
of pay and allowances, and position on the reserve active-
status list as the Secretary considers appropriate under
the circumstances.
‘‘(c) NOTICE TO OFFICER.—(1) The appointment of
an officer to a higher grade may not be delayed under
subsection (a) or (b) unless the officer is given written
notice of the grounds for the delay. The preceding sen-
tence does not apply if it is impracticable to give the offi-
cer written notice before the date on which the appoint-
ment to the higher grade would otherwise take effect, but
in such a case the written notice shall be given as soon
as practicable.
‘‘(2) An officer whose promotion is delayed under
subsection (a) or (b) shall be given an opportunity to make
a written statement to the Secretary of the military de-
partment concerned in response to the action taken. The
Secretary shall give consideration to any such statement.
‘‘(d) MAXIMUM
LENGTH
OF
DELAY
IN
PRO-
MOTION.—The appointment of an officer to a higher grade
may not be delayed under subsection (a) or (b) for more
than six months after the date on which the officer would
otherwise have been promoted unless the Secretary con-
cerned specifies a further period of delay. An officer’s ap-
pointment may not be delayed more than 90 days after
final action has been taken in any criminal case against
the officer in a Federal or State court of competent juris-
diction or more than 90 days after final action has been
taken in any court-martial case against the officer. Except
for court action, a promotion may not be delayed more
than 18 months after the date on which the officer would
otherwise have been promoted.
‘‘(e) DELAY BECAUSE OF LIMITATIONS ON OFFICER
STRENGTH
IN
GRADE
OR
DUTIES
TO
WHICH
AS-
SIGNED.—(1) Under regulations prescribed by the Sec-
retary of Defense, the promotion of a reserve officer on
the reserve active-status list who is serving on active duty,
or who is on full-time National Guard duty for administra-
tion of the reserves or the National Guard, to a grade to
which the strength limitations of section 12011 of this title
apply shall be delayed if necessary to ensure compliance
with those strength limitations. The delay shall expire
when the Secretary determines that the delay is no longer
required to ensure such compliance.
‘‘(2) The promotion of an officer described in para-
graph (1) shall also be delayed while the officer is on duty
described in that paragraph unless the Secretary of the
military department concerned, under regulations pre-
scribed by the Secretary of Defense, determines that the
duty assignment of the officer requires a higher grade
than the grade currently held by the officer.
‘‘(3) The date of rank and position on the reserve
active-status list of a reserve officer whose promotion to
or Federal recognition in the next higher grade was de-
layed under paragraph (1) or (2) solely as the result of
the limitations imposed under the regulations prescribed
by the Secretary of Defense or contained in section 12011
of this title shall be the date on which the officer would
have been promoted to or recognized in the higher grade
had such limitations not existed.
‘‘(4) If an officer whose promotion is delayed under
paragraph (1) or (2) completes the period of active duty
or full-time National Guard duty that the officer is re-
quired by law or regulation to perform as a member of
a reserve component, the officer may request release from
active duty or full-time National Guard duty. If the re-
quest is granted, the officer’s promotion shall be effective
upon the officer’s release from such duty. The date of rank
and position on the reserve active-status list of the officer
shall be the date the officer would have been promoted
to or recognized in the higher grade had the limitations
imposed under regulations prescribed by the Secretary of
Defense contained in section 12011 of this title not ex-
isted. If an officer whose promotion is delayed under para-
graph (1) or (2) has not completed the period of active
duty or full-time National Guard duty that the officer is
required by law or regulation to perform as a member of
a reserve component, the officer may be retained on active
duty or on full-time National Guard duty in the grade in
which the officer was serving before the officer’s being
found qualified for Federal recognition or the officer’s se-
lection for the promotion until the officer completes that
required period of duty.
‘‘§ 14312. Delay of promotion: voluntary
‘‘(a) AUTHORITY
FOR VOLUNTARY DELAYS.—(1)
The Secretary of the military department concerned may,
by regulation, permit delays of a promotion of an officer
who is recommended for promotion by a mandatory selec-
tion board convened under section 14101(a) or a special
selection board convened under section 14502 of this title
at the request of the officer concerned. Such delays, in
the case of any promotion, may extend for any period not
to exceed three years from the date on which the officer
would otherwise be promoted.
‘‘(2) Regulations under this section shall provide
that—
‘‘(A) a request for such a delay of promotion
must be submitted by the officer concerned before
the delay may be approved; and
‘‘(B) denial of such a request shall not be con-
sidered to be a failure of selection for promotion un-
less the officer declines to accept a promotion under
circumstances set forth in subsection (c).
‘‘(b) EFFECT OF APPROVAL OF REQUEST.—If a re-
quest for delay of a promotion under subsection (a) is ap-
proved, the officer’s name shall remain on the promotion
list during the authorized period of delay (unless removed
under any other provision of law). Upon the end of the
period of the authorized delay, or at any time during such
period, the officer may accept the promotion, which shall
be effective on the date of acceptance. Such an acceptance
of a promotion shall be made in accordance with regula-
tions prescribed under this section.
‘‘(c) EFFECT OF DECLINING A PROMOTION.—An of-
ficer’s name shall be removed from the promotion list and,
if the officer is serving in a grade below colonel or, in the
case of the Navy, captain, the officer shall be considered
to have failed of selection for promotion if any of the
following applies:
‘‘(1) The Secretary concerned has not author-
ized voluntary delays of promotion under subsection
(a) to the grade concerned and the officer declines
to accept an appointment to a higher grade.
‘‘(2) The Secretary concerned has authorized
voluntary delays of promotion under subsection (a),
but has denied the request of the officer for a delay
of promotion and the officer then declines to accept
an appointment to a higher grade.
‘‘(3) The Secretary concerned has approved the
request of an officer for a delay of promotion and,
upon the end of the period of delay authorized in ac-
cordance with regulations prescribed under sub-
section (a), the officer then declines to accept an
appointment to a higher grade.
‘‘§ 14313. Authority to vacate promotions to grade of
brigadier general or rear admiral (lower
half)
‘‘(a) AUTHORITY.—The President may vacate the ap-
pointment of a reserve officer to the grade of brigadier
general or rear admiral (lower half) if the period of time
during which the officer has served in that grade after
promotion to that grade is less than 18 months.
‘‘(b) EFFECT OF PROMOTION BEING VACATED.—Ex-
cept as provided in subsection (c), an officer whose pro-
motion to the grade of brigadier general is vacated under
this section holds the grade of colonel as a reserve of the
armed force of which the officer is a member. An officer
whose promotion to the grade of rear admiral (lower half)
is vacated under this section holds the grade of captain
in the Naval Reserve. Upon assuming the lower grade, the
officer shall have the same position on the reserve active-
status list as the officer would have had if the officer had
not served in the higher grade.
‘‘(c) SPECIAL RULE FOR OFFICERS SERVING AS AD-
JUTANT GENERAL.—In the case of an officer serving as
an adjutant general or assistant adjutant general whose
promotion to the grade of brigadier general is vacated
under this section, the officer then holds the reserve grade
held by that officer immediately before the officer’s
appointment as adjutant general or assistant adjutant
general.
‘‘§ 14314. Army and Air Force commissioned officers:
generals ceasing to occupy positions com-
mensurate 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 oc-
cupy a position commensurate with that grade (or com-
mensurate 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 Re-
tired Reserve, if the officer is qualified and applies
for the transfer.
‘‘(2) Transfer the officer in grade to the inac-
tive status list of the Standby Reserve, if the officer
is qualified.
‘‘(3) Discharge the officer from the officer’s re-
serve 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 appoint-
ment as adjutant general or assistant adjutant general of
a State ceases to occupy that position, the Secretary con-
cerned, not later than 30 days after the date on which
the officer ceases to occupy that position, shall—
‘‘(1) withdraw that officer’s Federal recogni-
tion; 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 re-
serve appointment and appointed in the reserve
grade held by the officer as a reserve officer of
the Air Force immediately before the appoint-
ment of that officer as adjutant general or as-
sistant adjutant general, if the officer is quali-
fied and applies for that appointment; or
‘‘(C) be discharged from the officer’s re-
serve 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.
‘‘§ 14315. Position vacancy promotions: Army and Air
Force officers
‘‘(a) OFFICERS ELIGIBLE FOR CONSIDERATION FOR
VACANCY PROMOTIONS BELOW BRIGADIER GENERAL.—
A reserve officer of the Army who is in the Army Reserve,
or a Reserve officer of the Air Force who is in the Air
Force Reserve, who is on the reserve active-status list in
the grade of first lieutenant, captain, major, or lieutenant
colonel is eligible for consideration for promotion to the
next higher grade under this section if each of the
following applies:
‘‘(1) The officer is occupying or, as determined
by the Secretary concerned, is available to occupy a
position in the same competitive category as the offi-
cer and for which a grade higher than the one held
by that officer is authorized.
‘‘(2) The officer is fully qualified to meet all re-
quirements for the position as established by the
Secretary of the military department concerned.
‘‘(3) The officer has held the officer’s present
grade for the minimum period of service prescribed
in section 14303 of this title for eligibility for con-
sideration for promotion to the higher grade.
‘‘(b) CONSIDERATION FOR VACANCY PROMOTION TO
BRIGADIER GENERAL OR MAJOR GENERAL.—(1) A re-
serve officer of the Army who is in the Army Reserve and
on the reserve active-status list in the grade of colonel or
brigadier general may be considered for promotion to the
next higher grade under this section if the officer (A) is
assigned to the duties of a general officer of the next high-
er reserve grade in a unit of the Army Reserve organized
to serve as a unit, (B) has held the officer’s present grade
for the minimum period of service prescribed in section
14303 of this title for eligibility for consideration for pro-
motion to the higher grade, and (C) meets the standards
for consideration prescribed by the Secretary of the Army.
‘‘(2) A reserve officer of the Air Force who is in the
Air Force Reserve and on the reserve active-status list in
the grade of colonel or brigadier general may be consid-
ered for promotion to the next higher grade under this
section if the officer (A) is assigned to the duties of a
general officer of the next higher reserve grade, and (B)
meets the standards for consideration prescribed by the
Secretary of the Air Force.
‘‘(c) VACANCY PROMOTION BOARDS.—Consideration
for promotion under this section shall be by a vacancy pro-
motion board convened under section 14101(a) of this
title.
‘‘(d) EFFECT OF NONSELECTION.—An officer who is
considered for promotion under this section and is not se-
lected shall not be considered to have failed of selection
for promotion.
‘‘(e) SPECIAL RULE FOR OFFICERS FAILED OF SE-
LECTION.—A reserve officer of the Army or the Air Force
who is considered as failed of selection for promotion
under section 14501 of this title to a grade may be consid-
ered for promotion under this section or, if selected, pro-
moted to that grade only if the Secretary of the military
department concerned finds that the officer is the only
qualified officer available to fill the vacancy. The Secretary
concerned may not delegate the authority under the
preceding sentence.
‘‘§ 14316. Army National Guard and Air National
Guard: appointment to and Federal rec-
ognition in a higher reserve grade after
selection for promotion
‘‘(a) OPPORTUNITY FOR PROMOTION TO FILL A VA-
CANCY IN THE GUARD.—If an officer of the Army Na-
tional Guard of the United States or the Air National
Guard of the United States is recommended by a manda-
tory 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 oppor-
tunity 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 offi-
cer 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 sub-
section (a) and who before the date of promotion is ap-
pointed 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 SE-
LECTION.—An officer who is considered as failed of selec-
tion 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 dele-
gate 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 pro-
motion list as described in subsection (a) is to be pro-
moted, 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 offi-
cer shall be promoted and transferred to the Army Reserve
or the Air Force Reserve as appropriate.
‘‘§ 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 ac-
tive-status list is transferred to an inactive status or to
a retired status after having been recommended for pro-
motion 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 pro-
motion board convened under section 14101(a) or a spe-
cial selection board convened under section 14502 of this
title and who before being promoted is placed on the ac-
tive-duty list of the same armed force and placed in the
same competitive category shall, under regulations pre-
scribed by the Secretary of Defense, be placed on an ap-
propriate 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 ac-
tive-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 pro-
moted 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 offi-
cer 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 VACAN-
CIES.—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 train-
ing only) after being recommended for promotion under
section 14314 of this title to fill a position vacancy or ex-
amined 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) 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 pro-
motion board convened under section 14101(a) or a spe-
cial 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 10213 or 644 of this title.
‘‘CHAPTER 1407—FAILURE OF SELECTION FOR
PROMOTION AND INVOLUNTARY SEPARATION
‘‘Sec.
‘‘14501. Failure of selection for promotion.
‘‘14502. Special selection boards: correction of errors.
‘‘14503. Discharge of officers with less than five years of commissioned service
or found not qualified for promotion to first lieutenant or lieu-
tenant (junior grade).
‘‘14504. Effect of failure of selection for promotion: reserve first lieutenants of
the Army, Air Force, and Marine Corps and reserve lieutenants
(junior grade) of the Navy.
‘‘14505. Effect of failure of selection for promotion: reserve captains of the
Army, Air Force, and Marine Corps and reserve lieutenants of
the Navy.
‘‘14506. Effect of failure of selection for promotion: reserve majors of the
Army, Air Force, and Marine Corps and lieutenant command-
ers of the Navy.
‘‘14507. Removal from the active-status list for years of service: reserve lieuten-
ant colonels and colonels of the Army, Air Force, and Marine
Corps and reserve commanders and captains of the Navy.
‘‘14508. Removal from the reserve active-status list for years of service: reserve
general and flag officers.
‘‘14509. Separation at age 60: reserve officers below brigadier general or rear
admiral (lower half).
‘‘14510. Separation at age 60: reserve brigadier generals and rear admirals
(lower half).
‘‘14511. Separation at age 62: major generals and rear admirals.
‘‘14512. Separation at age 64: officers holding certain offices.
‘‘14513. Separation for failure of selection of promotion.
‘‘14514. Discharge or retirement for years of service or after selection for early
removal.
‘‘14515. Discharge or retirement for age.
‘‘14516. Separation to be considered involuntary.
‘‘14517. Entitlement of officers discharged under this chapter to separation
pay.
‘‘§ 14501. Failure of selection for promotion
‘‘(a) An officer on the reserve active-status list in a
grade below the grade of colonel or, in the case of an offi-
cer 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 pro-
motion 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 pro-
motion.
‘‘(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 rec-
ommended for promotion a second time by a manda-
tory 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 se-
lection 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 pro-
motion 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 man-
datory 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 spe-
cial 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 sec-
tion 14111(b) or from a promotion list under
section 14310 of this title.
‘‘§ 14502. Special selection boards: correction of er-
rors
‘‘(a) OFFICERS NOT CONSIDERED BECAUSE OF AD-
MINISTRATIVE ERROR.—(1) In the case of an officer or
former officer who the Secretary of the military depart-
ment concerned determines was not considered for selec-
tion for promotion from in or above the promotion zone
by a mandatory promotion board convened under section
14101(a) of this title because of administrative error, the
Secretary concerned shall convene a special selection board
under this subsection to determine whether such officer
or former officer should be recommended for promotion.
Any such board shall be convened under regulations pre-
scribed by the Secretary of Defense and shall be appointed
and composed in accordance with section 14102 of this
title and shall include the representation of competitive
categories required by that section. The members of a
board convened under this subsection shall be required to
take an oath in the same manner as prescribed in section
14103 of this title.
‘‘(2) A special selection board convened under this
subsection shall consider the record of the officer or
former officer as that record would have appeared to the
promotion board that should have considered the officer
or former officer. That record shall be compared with a
sampling of the records of those officers of the same grade
and competitive category who were recommended for pro-
motion and those officers of the same grade and competi-
tive category who were not recommended for promotion
by that board.
‘‘(3) If a special selection board convened under para-
graph (1) does not recommend for promotion an officer
or former officer in a grade below the grade of colonel
or, in the case of an officer or former officer of the Navy,
captain, whose name was referred to it for consideration,
the officer or former officer shall be considered to have
failed of selection for promotion.
‘‘(b) OFFICERS CONSIDERED BUT NOT SELECTED;
MATERIAL ERROR.—(1) In the case of an officer or
former officer who was eligible for promotion and was con-
sidered for selection for promotion from in or above the
promotion zone under this chapter by a selection board
but was not selected, the Secretary of the military depart-
ment concerned may, under regulations prescribed by the
Secretary of Defense, convene a special selection board
under this subsection to determine whether the officer or
former officer should be recommended for promotion, if
the Secretary determines that—
‘‘(A) the action of the selection board that con-
sidered the officer or former officer was contrary to
law or involved material error of fact or material
administrative error; or
‘‘(B) the selection board did not have before it
for its consideration material information.
‘‘(2) A special selection board convened under para-
graph (1) shall be appointed and composed in accordance
with section 14102 of this title (including the representa-
tion of competitive categories required by that section),
and the members of such a board shall take an oath in
the same manner as prescribed in section 14103 of this
title.
‘‘(3) Such board shall consider the record of the offi-
cer or former officer as that record, if corrected, would
have appeared to the selection board that considered the
officer or former officer. That record shall be compared
with a sampling of the records of those officers of the
same grade and competitive category who were rec-
ommended for promotion and those officers of the same
grade and competitive category who were not rec-
ommended for promotion by that board.
‘‘(4) If a special selection board convened under para-
graph (1) does not recommend for promotion an officer
or former officer in the grade of lieutenant colonel or com-
mander or below whose name was referred to it for consid-
eration, the officer or former officer shall be considered
to have failed of selection for promotion by the board
which did consider the officer but incurs no additional fail-
ure of selection for promotion from the action of the spe-
cial selection board.
‘‘(c) REPORT.—Each special selection board con-
vened under this section shall submit to the Secretary of
the military department concerned a written report, signed
by each member of the board, containing the name of each
officer it recommends for promotion and certifying that
the board has considered carefully the record of each
officer whose name was referred to it.
‘‘(d) APPLICABLE PROVISIONS.—The provisions of
sections 14104, 14109, 14110, and 14111 of this title
apply to the report and proceedings of a special selection
board convened under this section in the same manner as
they apply to the report and proceedings of a promotion
board convened under section 14101(a) of this title.
‘‘(e) APPOINTMENT
OF OFFICERS RECOMMENDED
FOR PROMOTION.—(1) An officer whose name is placed
on a promotion list as a result of recommendation for pro-
motion by a special selection board convened under this
section, shall, as soon as practicable, be appointed to the
next higher grade in accordance with the law and policies
which would have been applicable had he been rec-
ommended for promotion by the board which should have
considered or which did consider him.
‘‘(2) An officer who is promoted to the next higher
grade as the result of the recommendation of a special
selection board convened under this section shall, upon
such promotion, have the same date of rank, the same ef-
fective date for the pay and allowances of that grade, and
the same position on the reserve active-status list as the
officer would have had if the officer had been rec-
ommended for promotion to that grade by the selection
board which should have considered, or which did con-
sider, the officer.
‘‘(3) If the report of a special selection board con-
vened under this section, as approved by the President,
recommends for promotion to the next higher grade an
officer not currently eligible for promotion or a former of-
ficer whose name was referred to it for consideration, the
Secretary concerned may act under section 1552 of this
title to correct the military record of the officer or former
officer to correct an error or remove an injustice resulting
from not being selected for promotion by the board which
should have considered, or which did consider, the officer.
‘‘(f) TIME LIMITS FOR CONSIDERATION.—The Sec-
retary of Defense may prescribe by regulation the cir-
cumstances under which consideration by a special selec-
tion board is contingent upon application for consideration
by an officer or former officer and time limits within which
an officer or former officer must make such application
in order to be considered by a special selection board
under this section.
‘‘(g) LIMITATION
OF OTHER JURISDICTION.—No
official or court of the United States shall have power or
jurisdiction—
‘‘(1) over any claim based in any way on the
failure of an officer or former officer of the armed
forces to be selected for promotion by a selection
board convened under chapter 1403 of this title
until—
‘‘(A) the claim has been referred to a spe-
cial selection board by the Secretary concerned
and acted upon by that board; or
‘‘(B) the claim has been rejected by the
Secretary without consideration by a special se-
lection board; or
‘‘(2) to grant any relief on such a claim unless
the officer or former officer has been selected for
promotion by a special selection board convened
under this section to consider the officer’s claim.
‘‘(h) JUDICIAL REVIEW.—(1) A court of the United
States may review a determination by the Secretary con-
cerned under subsection (a)(1), (b)(1), or (e)(3) not to
convene a special selection board. If a court finds the de-
termination to be arbitrary or capricious, not based on
substantial evidence, or otherwise contrary to law, it shall
remand the case to the Secretary concerned, who shall
provide for consideration of the officer or former officer
by a special selection board under this section.
‘‘(2) If a court finds that the action of a special selec-
tion board which considers an officer or former officer was
contrary to law or involved material error of fact or mate-
rial administrative error, it shall remand the case to the
Secretary concerned, who shall provide the officer or
former officer reconsideration by a new special selection
board.
‘‘(i) DESIGNATION OF BOARDS.—The Secretary of
the military department concerned may designate a pro-
motion board convened under section 14101(a) of this title
as a special selection board convened under this section.
A board so designated may function in both capacities.
‘‘§ 14503. Discharge of officers with less than five
years of commissioned service or found
not qualified for promotion to first lieu-
tenant or lieutenant (junior grade)
‘‘(a) AUTHORIZED DISCHARGES.—The Secretary of
the military department concerned may discharge any re-
serve officer who—
‘‘(1) has less than five years of service in an ac-
tive status as a commissioned officer; or
‘‘(2) is serving in the grade of second lieutenant
or ensign and has been found not qualified for pro-
motion to the grade of first lieutenant or lieutenant
(junior grade).
‘‘(b) TIME
FOR DISCHARGE.—(1) An officer de-
scribed in subsection (a)(2)—
‘‘(A) may be discharged at any time after being
found not qualified for promotion; and
‘‘(B) if not sooner discharged, shall be dis-
charged at the end of the 18-month period beginning
on the date on which the officer is first found not
qualified for promotion.
‘‘(2) Paragraph (1) shall not apply if the officer is
sooner promoted.
‘‘(c) REGULATIONS.—Discharges under this section
shall be made under regulations prescribed by the Sec-
retary of Defense and may be made without regard to
section 12645 of this title.
‘‘§ 14504. Effect of failure of selection for promotion:
reserve first lieutenants of the Army, Air
Force, and Marine Corps and reserve
lieutenants (junior grade) of the Navy
‘‘(a) GENERAL RULE.—A first lieutenant on the re-
serve active-status list of the Army, Air Force, or Marine
Corps or a lieutenant (junior grade) on the reserve active-
status list of the Navy who has failed of selection for pro-
motion to the next higher grade for the second time and
whose name is not on a list of officers recommended for
promotion to the next higher grade shall be separated in
accordance with section 14513 of this title not later than
the first day of the seventh month after the month in
which the President approves the report of the board
which considered the officer for the second time.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply
(1) in the case of an officer retained as provided by regula-
tion of the Secretary of the military department concerned
in order to meet planned mobilization needs for a period
not in excess of 24 months beginning with the date on
which the President approves the report of the selection
board which resulted in the second failure, or (2) as pro-
vided in section 12646 or 12686 of this title.
‘‘§ 14505. Effect of failure of selection for promotion:
reserve captains of the Army, Air Force,
and Marine Corps and reserve lieuten-
ants of the Navy
‘‘Unless retained as provided in section 12646 or
12686 of this title, a captain on the reserve active-status
list of the Army, Air Force, or Marine Corps or a lieuten-
ant on the reserve active-status list of the Navy who has
failed of selection for promotion to the next higher grade
for the second time and whose name is not on a list of
officers recommended for promotion to the next higher
grade and who has not been selected for continuation on
the reserve active-status list under section 14701 of this
title, shall be separated in accordance with section 14513
of this title not later than the first day of the seventh
month after the month in which the President approves
the report of the board which considered the officer for
the second time.
‘‘§ 14506. Effect of failure of selection for promotion:
reserve majors of the Army, Air Force
and Marine Corps and reserve lieutenant
commanders of the Navy
‘‘Unless retained as provided in section 12646,
12686, 14701, or 14702 of this title, each reserve officer
of the Army, Navy, Air Force, or Marine Corps who holds
the grade of major or lieutenant commander who has
failed of selection to the next higher grade for the second
time and whose name is not on a list of officers rec-
ommended for promotion to the next higher grade shall,
if not earlier removed from the reserve active-status list,
be removed from that list in accordance with section
14513 of this title on the first day of the month after
the month in which the officer completes 20 years of com-
missioned service.
‘‘§ 14507. Removal from the reserve active-status list
for years of service: reserve lieutenant
colonels and colonels of the Army, Air
Force, and Marine Corps and reserve
commanders and captains of the Navy
‘‘(a) LIEUTENANT COLONELS AND COMMANDERS.—
Unless continued on the reserve active-status list under
section 14701 or 14702 of this title or retained as pro-
vided in section 12646 or 12686 of this title, each reserve
officer of the Army, Navy, Air Force, or Marine Corps
who holds the grade of lieutenant colonel or commander
and who is not on a list of officers recommended for pro-
motion to the next higher grade shall (if not earlier re-
moved from the reserve active-status list) be removed from
that list under section 14514 of this title on the first day
of the month after the month in which the officer com-
pletes 28 years of commissioned service.
‘‘(b) COLONELS AND NAVY CAPTAINS.—Unless con-
tinued on the reserve active-status list under section
14701 or 14702 of this title or retained as provided in
section 12646 or 12686 of this title, each reserve officer
of the Army, Air Force, or Marine Corps who holds the
grade of colonel, and each reserve officer of the Navy who
holds the grade of captain, and who is not on a list of
officers recommended for promotion to the next higher
grade shall (if not earlier removed from the reserve active-
status list) be removed from that list under section 14514
of this title on the first day of the month after the month
in which the officer completes 30 years of commissioned
service. This subsection does not apply to the adjutant
general or assistant adjutants general of a State.
‘‘§ 14508. Removal from the reserve active-status list
for years of service: reserve general and
flag officers
‘‘(a) THIRTY YEARS SERVICE OR FIVE YEARS IN
GRADE.—Unless retired, transferred to the Retired Re-
serve, or discharged at an earlier date, each reserve officer
of the Army, Air Force, or Marine Corps in the grade of
brigadier general who has not been recommended for pro-
motion to the grade of major general, and each reserve
officer of the Navy in the grade of rear admiral (lower
half) who has not been recommended for promotion to
rear admiral shall, 30 days after completion of 30 years
of commissioned service or on the fifth anniversary of the
date of the officer’s appointment in the grade of brigadier
general or rear admiral (lower half), whichever is later,
be separated in accordance with section 14514 of this title.
‘‘(b) THIRTY-FIVE YEARS SERVICE OR FIVE YEARS
IN GRADE.—Unless retired, transferred to the Retired Re-
serve, or discharged at an earlier date, each reserve officer
of the Army, Air Force, or Marine Corps in the grade of
major general, and each reserve officer of the Navy in the
grade of rear admiral, shall, 30 days after completion of
35 years of commissioned service or on the fifth anniver-
sary of the date of the officer’s appointment in the grade
of major general or rear admiral, whichever is later, be
separated in accordance with section 14514 of this title.
‘‘(c) RETENTION OF BRIGADIER GENERALS.—A re-
serve officer of the Army or Air Force in the grade of
brigadier general who would otherwise be removed from
an active status under this subsection (a) may, in the dis-
cretion of the Secretary of the Army or the Secretary of
the Air Force, as the case may be, be retained in an active
status, but not later than the date on which the officer
becomes 60 years of age. Not more than 10 officers of
the Army and not more than 10 officers of the Air Force
may be retained under this subsection at any one time.
‘‘(d) RETENTION OF MAJOR GENERALS.—A reserve
officer of the Army or Air Force in the grade of major
general who would otherwise be removed from an active
status under this subsection (b) may, in the discretion of
the Secretary of the Army or the Secretary of the Air
Force, as the case may be, be retained in an active status,
but not later than the date on which the officer becomes
62 years of age. Not more than 10 officers of the Army
and not more than 10 officers of the Air Force may be
retained under this subsection at any one time.
‘‘(e) EXCEPTION FOR STATE ADJUTANTS GENERAL
AND ASSISTANT ADJUTANTS GENERAL.—This section
does not apply to an officer who is the adjutant general
or assistant adjutant general of a State.
‘‘§ 14509. Separation at age 60: reserve officers in
grades below brigadier general or rear
admiral (lower half)
‘‘Each reserve officer of the Army, Navy, Air Force,
or Marine Corps in a grade below brigadier general or rear
admiral (lower half) who has not been recommended for
promotion to the grade of brigadier general or rear admi-
ral (lower half) and is not a member of the Retired Re-
serve shall, on the last day of the month in which that
officer becomes 60 years of age, be separated in accord-
ance with section 14515 of this title.
‘‘§ 14510. Separation at age 60: reserve brigadier gen-
erals and rear admirals (lower half)
‘‘Unless retired, transferred to the Retired Reserve,
or discharged at an earlier date, each reserve officer of
the Army, Air Force, or Marine Corps in the grade of brig-
adier general who has not been recommended for pro-
motion to the grade of major general, and each reserve
rear admiral (lower half) of the Navy who has not been
recommended for promotion to the grade of rear admiral,
except an officer covered by section 14512 of this title,
shall be separated in accordance with section 14515 of this
title on the last day of the month in which the officer be-
comes 60 years of age.
‘‘§ 14511. Separation at age 62: major generals and
rear admirals
‘‘Unless retired, transferred to the Retired Reserve,
or discharged at an earlier date, each reserve officer of
the Army, Air Force, or Marine Corps in the grade of
major general and each reserve officer of the Navy in the
grade of rear admiral, except an officer covered by section
14512 of this title, shall be separated in accordance with
section 14515 of this title on the last day of the month
in which the officer becomes 62 years of age.
‘‘§ 14512. Separation at age 64: officers holding cer-
tain offices
‘‘(a) ARMY AND AIR FORCE.—Unless retired, trans-
ferred to the Retired Reserve, or discharged at an earlier
date, a reserve officer of the Army or Air Force who is
Chief of the National Guard Bureau, an adjutant general,
or if a reserve officer of the Army, commanding general
of the troops of a State, shall on the last day of the month
in which the officer becomes 64 years of age, be separated
in accordance with section 14515 of this title.
‘‘(b) NAVY AND MARINE CORPS.—The Secretary of
the Navy may defer the retirement under section 14510
or 14511 of a reserve officer of the Navy in a grade above
captain or a reserve officer of the Marine Corps in a grade
above colonel and retain the officer in an active status
until the officer becomes 64 years of age. Not more than
10 officers may be so deferred at any one time, distributed
between the Naval Reserve and the Marine Corps Reserve
as the Secretary determines.
‘‘§ 14513. Separation for failure of selection of pro-
motion
‘‘Each reserve officer of the Army, Navy, Air Force,
or Marine Corps who is in an active status and whose re-
moval from an active status or from a reserve active-status
list is required by section 14504, 14505, or 14506 of this
title shall (unless the officer’s separation is deferred or
the officer is continued in an active status under another
provision of law) not later than the date specified in those
sections—
‘‘(1) be transferred to an inactive status if the
Secretary concerned determines that the officer has
skills which may be required to meet the mobiliza-
tion needs of the officer’s armed force;
‘‘(2) be transferred to the Retired Reserve, if
the officer is qualified and applies for such transfer;
or
‘‘(3) if the officer is not transferred to an inac-
tive status or to the Retired Reserve, be discharged
from the officer’s reserve appointment.
‘‘§ 14514. Discharge or retirement for years of service
or after selection for early removal
‘‘Each reserve officer of the Army, Navy, Air Force,
or Marine Corps who is in an active status and who is
required to be removed from an active status or from a
reserve active-status list, as the case may be, under section
14507, 14508, 14704, or 14705 of this title (unless the
officer is sooner separated or the officer’s separation is
deferred or the officer is continued in an active status
under another provision of law), in accordance with those
sections, shall—
‘‘(1) be transferred to the Retired Reserve, if
the officer is qualified and applies for such transfer;
or
‘‘(2) if the officer is not qualified or does not
apply for such transfer, be discharged from the offi-
cer’s reserve appointment.
‘‘§ 14515. Discharge or retirement for age
‘‘Each reserve officer of the Army, Navy, Air Force,
or Marine Corps who is in an active status or on an inac-
tive status list and who reaches the maximum age speci-
fied in section 14509, 14510, 14511, or 14512 of this title
for the officer’s grade or position shall (unless the officer
is sooner separated or the officer’s separation is deferred
or the officer is continued in an active status under an-
other provision of law) not later than the last day of the
month in which the officer reaches that maximum age—
‘‘(1) be transferred to the Retired Reserve, if
the officer is qualified and applies for such transfer;
or
‘‘(2) if the officer is not qualified or does not
apply for transfer to the Retired Reserve, be dis-
charged from the officer’s reserve appointment.
‘‘§ 14516. Separation to be considered involuntary
‘‘The separation of an officer pursuant to section
14513, 14514, or 14515 of this title shall be considered
to be an involuntary separation for purposes of any other
provision of law.
‘‘§ 14517. Entitlement of officers discharged under
this chapter to separation pay
‘‘An officer who is discharged under section 14513,
14514, or 14515 of this title is entitled to separation pay
under section 1174 of this title if otherwise eligible under
that section.
‘‘CHAPTER 1409—CONTINUATION OF OFFICERS
ON THE RESERVE ACTIVE-STATUS LIST AND
SELECTIVE EARLY REMOVAL
‘‘Sec.
‘‘14701. Selection of officers for continuation on the reserve active-status list.
‘‘14702. Retention on reserve active-status list of certain officers until age 60.
‘‘14703. Authority to retain chaplains and officers in medical specialties until
specified age.
‘‘14704. Selective early removal from the reserve active-status list.
‘‘14705. Selective early retirement: reserve general and flag officers of the Navy
and Marine Corps.
‘‘14706. Computation of total years of service.
‘‘§ 14701. Selection of officers for continuation on the
reserve active-status list
‘‘(a) CONSIDERATION
FOR
CONTINUATION.—(1)
Upon application, a reserve officer of the Army, Navy, Air
Force, or Marine Corps who is required to be removed
from the reserve active-status list under section 14505,
14506, or 14507 of this title may, subject to the needs
of the service and to section 14509 of this title, be consid-
ered for continuation on the reserve active-status list by
a selection board convened under section 14101(b) of this
title.
‘‘(2) A reserve officer who holds the grade of captain
in the Army, Air Force, or Marine Corps or the grade
of lieutenant in the Navy and who is subject to separation
under section 14513 of this title may not be continued
on the reserve active-status list under this subsection for
a period which extends beyond the last day of the month
in which the officer completes 20 years of commissioned
service.
‘‘(3) A reserve officer who holds the grade of major
or lieutenant commander and who is subject to separation
under section 14513 of this title may not be continued
on the reserve active-status list under this subsection for
a period which extends beyond the last day of the month
in which the officer completes 24 years of commissioned
service.
‘‘(4) A reserve officer who holds the grade of lieuten-
ant colonel or commander and who is subject to separation
under section 14514 of this title may not be continued
on the reserve active-status list under this subsection for
a period which extends beyond the last day of the month
in which the officer completes 33 years of commissioned
service.
‘‘(5) A reserve officer who holds the grade of colonel
in the Army, Air Force, or Marine Corps or the grade
of captain in the Navy and who is subject to separation
under section 14514 of this title may not be continued
on the reserve active-status list under this subsection for
a period which extends beyond the last day of the month
in which the officer completes 35 years of commissioned
service.
‘‘(6) An officer who is selected for continuation on
the reserve active-status list as a result of the convening
of a selection board under section 14101(b) of this title
but who declines to continue on that list shall be separated
in accordance with section 14513 or 14514 of this title,
as the case may be.
‘‘(7) Each officer who is continued on the reserve ac-
tive-status list under this section, who is not subsequently
promoted or continued on the active-status list, and whose
name is not on a list of officers recommended for pro-
motion to the next higher grade shall (unless sooner sepa-
rated under another provision of law) be separated in ac-
cordance with section 14513 or 14514 of this title, as ap-
propriate, upon the expiration of the period for which the
officer was continued on the reserve active-status list.
‘‘(b) APPROVAL OF SECRETARY CONCERNED.—Con-
tinuation of an officer on the reserve active-status list
under this section pursuant to action of a continuation
board convened under section 14101(b) of this title is sub-
ject to the approval of the Secretary of the military depart-
ment concerned.
‘‘(c) INSTRUCTIONS TO CONTINUATION BOARDS.—A
continuation board convened under section 14101(b) of
this title to consider officers for continuation on the re-
serve active-status list under this section shall act in ac-
cordance with the instructions and directions provided to
the board by the Secretary of the military department
concerned.
‘‘(d) REGULATIONS.—The Secretary of Defense shall
prescribe regulations for the administration of this section.
‘‘§ 14702. Retention on reserve active-status list of
certain officers until age 60
‘‘(a) RETENTION.—Notwithstanding the provisions of
section 14506 or 14507 of this title, the Secretary of the
military department concerned may, with the officer’s con-
sent, retain on the reserve active-status list an officer in
the grade of major, lieutenant colonel, or colonel who is—
‘‘(1) an officer of the Army National Guard of
the United States and assigned to a headquarters or
headquarters detachment of a State; or
‘‘(2) a reserve officer of the Army or Air Force
who, as a condition of continued employment as a
National Guard or Reserve technician is required by
the Secretary concerned to maintain membership in
a Selected Reserve unit or organization.
‘‘(b) SEPARATION AT AGE 60.—An officer may be re-
tained under this section only so long as the officer contin-
ues to meet the conditions of subsection (a)(1) or (a)(2).
An officer may not be retained under this section after
the last day of the month in which the officer becomes
60 years of age.
‘‘§ 14703. Authority to retain chaplains and officers in
medical specialties until specified age
‘‘(a) RETENTION.—Notwithstanding any provision of
chapter 1407 of this title and except for officers referred
to in sections 14503, 14504, 14505, and 14506 of this
title and under regulations prescribed by the Secretary of
Defense—
‘‘(1) the Secretary of the Army may, with the
officer’s consent, retain in an active status any re-
serve officer assigned to the Medical Corps, the Den-
tal Corps, the Veterinary Corps, the Medical Serv-
ices Corps (if the officer has been designated as al-
lied health officer or biomedical sciences officer in
that Corps), the Optometry Section of the Medical
Services Corps, the Chaplains, the Army Nurse
Corps, or the Army Medical Specialists Corps;
‘‘(2) the Secretary of the Navy may, with the
officer’s consent, retain in an active status any re-
serve officer appointed in the Medical Corps, Dental
Corps, Nurse Corps, or Chaplain Corps or appointed
in the Medical Services Corps and designated to per-
form as a veterinarian, optometrist, podiatrist, allied
health officer, or biomedical sciences officer; and
‘‘(3) the Secretary of the Air Force may, with
the officer’s consent, retain in an active status any
reserve officer who is designated as a medical offi-
cer, dental officer, veterinary officer, Air Force
nurse, or chaplain or who is designated as a bio-
medical sciences officer and is qualified for service
as a veterinarian, optometrist, or podiatrist.
‘‘(b) SEPARATION AT SPECIFIED AGE.—An officer
may not be retained in active status under this section
later than the date on which the officer becomes 67 years
of age (or, in the case of a reserve officer of the Army
in the Chaplains or a reserve officer of the Air Force des-
ignated as a chaplain, 60 years of age).
‘‘§ 14704. Selective early removal from the reserve ac-
tive-status list
‘‘(a) BOARDS TO RECOMMEND OFFICERS FOR RE-
MOVAL FROM RESERVE ACTIVE-STATUS LIST.—When-
ever the Secretary of the military department concerned
determines that there are in any reserve component under
the jurisdiction of the Secretary too many officers in any
grade and competitive category who have at least 30 years
of service computed under section 14706 of this title or
at least 20 years of service computed under section 12732
of this title, the Secretary may convene a selection board
under section 14101(b) of this title to consider all officers
on that list who are in that grade and competitive cat-
egory, and who have that amount of service, for the pur-
pose of recommending officers by name for removal from
the reserve active-status list, in the number specified by
the Secretary by each grade and competitive category.
‘‘(b) SEPARATION OF OFFICERS SELECTED.—In the
case of an officer recommended for separation in the re-
port of a board under subsection (a), the Secretary may
separate the officer in accordance with section 14514 of
this title.
‘‘(c) REGULATIONS.—The Secretary of the military
department concerned shall prescribe regulations for the
administration of this section.
‘‘§ 14705. Selective early retirement: reserve general
and flag officers of the Navy and Marine
Corps
‘‘(a) AUTHORITY TO CONSIDER.—An officer in the
Naval Reserve in an active status serving in the grade of
rear admiral (lower half) or rear admiral and an officer
in the Marine Corps Reserve in an active status serving
in the grade of brigadier general or major general may
be considered for early retirement whenever the Secretary
of the Navy determines that such action is necessary.
‘‘(b) BOARDS.—If the Secretary of the Navy deter-
mines that consideration for early retirement under this
section is necessary, the Secretary shall convene a board
under section 14101(b) of this title to recommend an ap-
propriate number of officers for early retirement.
‘‘(c) SEPARATION UNDER SECTION 14514.—An offi-
cer selected for early retirement under this section shall
be separated in accordance with section 14514 of this title.
‘‘§ 14706. Computation of total years of service
‘‘For the purpose of this chapter and chapter 1407
of this title, a reserve officer’s years of service include all
service, other than constructive service, of the officer as
a commissioned officer of any uniformed service (other
than service as a warrant officer).
‘‘CHAPTER 1411—ADDITIONAL PROVISIONS
RELATING TO INVOLUNTARY SEPARATION
‘‘Sec.
‘‘14901. Separation of chaplains for loss of professional qualifications.
‘‘14902. Separation for substandard performance and for certain other reasons.
‘‘14903. Boards of inquiry.
‘‘14904. Rights and procedures.
‘‘14905. Officer considered for removal: retirement or discharge.
‘‘14906. Officers eligible to serve on boards.
‘‘14907. Army National Guard of the United States and Air National Guard
of the United States: discharge and withdrawal of Federal rec-
ognition of officers absent without leave.
‘‘§ 14901. Separation of chaplains for loss of profes-
sional qualifications
‘‘(a) SEPARATION.—Under regulations prescribed by
the Secretary of Defense, an officer on the reserve active-
status list who is appointed or designated as a chaplain
may, if the officer fails to maintain the qualifications need-
ed to perform the professional function of a chaplain, be
discharged. The authority under the preceding sentence
applies without regard to the provisions of section 12645
of this title.
‘‘(b) EFFECT OF SEPARATION.—If an officer sepa-
rated under this section is eligible for retirement, the offi-
cer may be retired. If the officer has completed the years
of service required for eligibility for retired pay under
chapter 1223 of this title, the officer may be transferred
to the Retired Reserve.
‘‘§ 14902. Separation for substandard performance
and for certain other reasons
‘‘(a) SUBSTANDARD PERFORMANCE OF DUTY.—The
Secretary of the military department concerned shall pre-
scribe, by regulation, procedures for the review at any time
of the record of any reserve officer to determine whether
that officer should be required, because that officer’s per-
formance has fallen below standards prescribed by the
Secretary concerned, to show cause for retention in an
active status.
‘‘(b) MISCONDUCT, ETC.—The Secretary of the mili-
tary department concerned shall prescribe, by regulation,
procedures for the review at any time of the record of any
reserve officer to determine whether that officer should be
required, because of misconduct, because of moral or pro-
fessional dereliction, or because the officer’s retention is
not clearly consistent with the interests of national secu-
rity, to show cause for retention in an active status.
‘‘(c) REGULATIONS.—The authority of the Secretary
of a military department under this section shall be car-
ried out subject to such limitations as the Secretary of
Defense may prescribe by regulation.
‘‘§ 14903. Boards of inquiry
‘‘(a) CONVENING OF BOARDS.—The Secretary of the
military department concerned shall convene a board of
inquiry at such time and place as the Secretary may pre-
scribe to receive evidence and review the case of any officer
who has been required to show cause for retention in an
active status under section 14902 of this title. Each board
of inquiry shall be composed of not less than three officers
who have the qualifications prescribed in section 14906
of this title.
‘‘(b) RIGHT TO FAIR HEARING.—A board of inquiry
shall give a fair and impartial hearing to each officer re-
quired under section 14902 of this chapter to show cause
for retention in an active status.
‘‘(c) RECOMMENDATIONS
TO
SECRETARY.—If a
board of inquiry determines that the officer has failed to
establish that the officer should be retained in an active
status, the board shall recommend to the Secretary con-
cerned that the officer not be retained in an active status.
‘‘(d) ACTION BY SECRETARY.—After review of the
recommendation of the board of inquiry, the Secretary
may—
‘‘(1) remove the officer from an active status;
or
‘‘(2) determine that the case be closed.
‘‘(e) ACTION IN CASES WHERE CAUSE FOR RETEN-
TION IS ESTABLISHED.—(1) If a board of inquiry deter-
mines that an officer has established that the officer
should be retained in an active status or if the Secretary
determines that the case be closed, the officer’s case is
closed.
‘‘(2) An officer who is required to show cause for re-
tention under section 14902(a) of this title and whose case
is closed under paragraph (1) may not again be required
to show cause for retention under such subsection during
the one-year period beginning on the date of that deter-
mination.
‘‘(3)(A) Subject to subparagraph (B), an officer who
is required to show cause for retention under section
14902(b) of this title and whose case is closed under para-
graph (1) may again be required to show cause for reten-
tion at any time.
‘‘(B) An officer who has been required to show cause
for retention under section 14902(b) of this title and who
is thereafter retained in an active status may not again
be required to show cause for retention under such section
solely because of conduct which was the subject of the pre-
vious proceeding, unless the recommendations of the board
of inquiry that considered the officer’s case are determined
to have been obtained by fraud or collusion.
‘‘§ 14904. Rights and procedures
‘‘(a) PROCEDURAL RIGHTS.—Under regulations pre-
scribed by the Secretary of Defense, an officer required
under section 14902 of this title to show cause for reten-
tion in an active status—
‘‘(1) shall be notified in writing, at least 30
days before the hearing of the officer’s case by a
board of inquiry, of the reasons for which the officer
is being required to show cause for retention in an
active status;
‘‘(2) shall be allowed a reasonable time, as de-
termined by the board of inquiry, to prepare for
showing of cause for retention in an active status;
‘‘(3) shall be allowed to appear in person and
to be represented by counsel at proceedings before
the board of inquiry; and
‘‘(4) shall be allowed full access to, and shall be
furnished copies of, records relevant to the case, ex-
cept that the board of inquiry shall withhold any
record that the Secretary concerned determines
should be withheld in the interest of national
security.
‘‘(b) SUMMARY OF RECORDS WITHHELD.—When a
record is withheld under subsection (a)(4), the officer
whose case is under consideration shall, to the extent that
the interest of national security permits, be furnished a
summary of the record so withheld.
‘‘§ 14905. Officer considered for removal: retirement
or discharge
‘‘(a) VOLUNTARY RETIREMENT OR DISCHARGE.—At
any time during proceedings under this chapter with re-
spect to the removal of an officer from an active status,
the Secretary of the military department concerned may
grant a request by the officer—
‘‘(1) for voluntary retirement, if the officer is
qualified for retirement;
‘‘(2) for transfer to the Retired Reserve if the
officer has completed the years of service required
for eligibility for retired pay under chapter 1223 of
this title and is otherwise eligible for transfer to the
Retired Reserve; or
‘‘(3) for discharge in accordance with sub-
section (b)(3).
‘‘(b) REQUIRED RETIREMENT OR DISCHARGE.—An
officer removed from an active status under section 14903
of this title shall—
‘‘(1) if eligible for voluntary retirement under
any provision of law on the date of such removal, be
retired in the grade and with the retired pay for
which he would be eligible if retired under that
provision;
‘‘(2) if eligible for transfer to the Retired Re-
serve and has completed the years of service re-
quired for retired pay under chapter 1223 of this
title, be transferred to the Retired Reserve; and
‘‘(3) if ineligible for retirement or transfer to
the Retired Reserve under paragraph (1) or (2) on
the date of such removal—
‘‘(A) be honorably discharged in the grade
then held, in the case of an officer whose case
was brought under subsection (a) of section
14902 of this title; or
‘‘(B) be discharged in the grade then held,
in the case of an officer whose case was brought
under subsection (b) of section 14902 of this
title.
‘‘(c) SEPARATION PAY.—An officer who is discharged
under subsection (b)(3) is entitled, if eligible therefor, to
separation pay under section 1174(c) of this title.
100
‘‘§ 14906. Officers eligible to serve on boards
‘‘(a) COMPOSITION OF BOARDS.—(1) Each officer
who serves on a board convened under this chapter shall
be an officer of the same armed force as the officer being
required to show cause for retention in an active status.
‘‘(2) An officer may not serve on a board under this
chapter unless the officer holds a grade above lieutenant
colonel or commander and is senior in grade and rank to
any officer considered by the board.
‘‘(b) LIMITATION.—A person may not be a member
of more than one board convened under this chapter to
consider the same officer.
‘‘§ 14907. Army National Guard of the United States
and Air National Guard of the United
States: discharge and withdrawal of Fed-
eral recognition of officers absent with-
out leave
‘‘(a) AUTHORITY TO WITHDRAW FEDERAL RECOGNI-
TION.—If an officer of the Army National Guard of the
United States or the Air National Guard of the United
States has been absent without leave for three months,
the Secretary of the Army or the Secretary of the Air
Force, as appropriate, may—
‘‘(1) terminate the reserve appointment of the
officer; and
101
‘‘(2) withdraw the officer’s Federal recognition
as an officer of the National Guard.
‘‘(b) DISCHARGE FROM RESERVE APPOINTMENT.—
An officer of the Army National Guard of the United
States or the Air National Guard of the United States
whose Federal recognition as an officer of the National
Guard is withdrawn under section 323(b) of title 32 shall
be discharged from the officer’s appointment as a reserve
officer of the Army or the Air Force, as the case may be.’’.
PART B—CONFORMING AMENDMENTS
SEC. 111. DEFINITION OF RESERVE ACTIVE-STATUS LIST.
Section 101(c) is amended by adding at the end the
following new paragraph:
‘‘(7) The term ‘reserve active-status list’ means
a single list for the Army, Navy, Air Force, or Ma-
rine Corps (required to be maintained under section
14002 of this title) that contains the names of all
officers of that armed force except warrant officers
(including commissioned warrant officers) who are
in an active status in a reserve component of the
Army, Navy, Air Force, or Marine Corps and are
not on an active-duty list.’’.
102
SEC. 112. AUTHORITY TO SUSPEND OFFICER PERSONNEL
LAWS DURING WAR OR NATIONAL EMER-
GENCY.
(a) AUTHORITY.—Section 123 is amended to read as
follows:
‘‘§ 123. Authority to suspend officer personnel laws
during war or national emergency
‘‘(a) In time of war, or of national emergency de-
clared by Congress or the President after November 30,
1980, the President may suspend the operation of any
provision of law relating to the promotion, involuntary re-
tirement, or separation of commissioned officers of the
Army, Navy, Air Force, Marine Corps, or Coast Guard
Reserve. So long as such war or national emergency con-
tinues, any such suspension may be extended by the Presi-
dent.
‘‘(b) Any such suspension shall, if not sooner ended,
end on the last day of the two-year period beginning on
the date on which the suspension (or the last extension
thereof) takes effect or on the last day of the one-year
period beginning on the date of the termination of the war
or national emergency, whichever occurs first. With re-
spect to the end of any such suspension, the preceding
sentence supersedes the provisions of title II of the Na-
tional Emergencies Act (50 U.S.C. 1621–1622) which
provide that powers or authorities exercised by reason of
103
a national emergency shall cease to be exercised after the
date of the termination of the emergency.
‘‘(c) If a provision of law pertaining to the promotion
of reserve officers is suspended under this section and if
the Secretary of Defense submits to Congress proposed
legislation to adjust the grades and dates of rank of re-
serve commissioned officers other than commissioned war-
rant officers, such proposed legislation shall, so far as
practicable, be the same as that recommended for adjust-
ing the grades and dates of rank of officers of the regular
component of the armed force concerned.’’.
(b) CONFORMING REPEAL.—Section 644 is repealed.
SEC. 113. ACTIVE-DUTY LIST PROMOTION BOARDS TO HAVE
AUTHORITY TO RECOMMEND THAT RESERVE
OFFICERS CONSIDERED FOR PROMOTION BE
REQUIRED TO SHOW CAUSE FOR RETENTION
ON ACTIVE DUTY.
Section 617(b) is amended—
(1) by inserting ‘‘or reserve’’ after ‘‘any regu-
lar’’; and
(2) by inserting ‘‘or 1411’’ after ‘‘chapter 60’’.
SEC. 114. APPLICABILITY OF CHAPTER 36 TO RESERVE OF-
FICERS DURING WAR OR NATIONAL EMER-
GENCY.
Section 641 is amended—
104
(1) by inserting ‘‘(a)’’ before ‘‘Officers in the
following’’; and
(2) by adding at the end the following:
‘‘(b) Under regulations prescribed by the Secretary
of the military department concerned, a reserve officer
who is ordered to active duty (whether voluntarily or invol-
untarily) during a war or national emergency and who
would otherwise be placed on the active-duty list may be
excluded from that list as determined by the Secretary
concerned. Exclusion of an officer from the active-duty list
as the result of action by the Secretary concerned under
the preceding sentence shall expire not later than 24
months after the date on which the officer enters active
duty under an order to active duty covered by that
sentence.’’.
SEC. 115. GRADE IN WHICH RESERVE OFFICERS ARE OR-
DERED TO ACTIVE DUTY.
Section 689 is amended—
(1) by inserting ‘‘or full-time National Guard
duty’’ after ‘‘active duty’’ the first two places it
appears; and
(2) by inserting ‘‘and placed on the active-duty
list’’ after ‘‘active duty’’ the third place it appears.
SEC. 116. DATE OF RANK.
Section 741(d)(3) is amended—
105
(1) by inserting ‘‘or who is transferred from an
inactive status to an active status and placed on the
active-duty list or the reserve active-status list’’ after
‘‘warrant officer (W–5)’’;
(2) by inserting ‘‘or reserve active-status list’’
after ‘‘active-duty list’’ the second place it appears;
and
(3) by adding at the end: ‘‘The authority to
change the date of rank of a reserve officer who is
placed on the active-duty list to a later date does not
apply in the case of an officer who (A) has served
continuously in the Selected Reserve of the Ready
Reserve since the officer’s last promotion, or (B) is
placed on the active-duty list while on a promotion
list as described in section 14317(b) of this title.’’.
SEC. 117. DISCHARGE BEFORE COMPLETION OF REQUIRED
SERVICE IN CASE OF OFFICERS HAVING
TWICE FAILED OF SELECTION FOR CAPTAIN
OR NAVY LIEUTENANT.
Section 1005(b) is amended—
(1) by striking out ‘‘or’’ at the end of
paragraph (1);
(2) by striking out the period at the end of
paragraph (2) and inserting in lieu thereof a semi-
colon; and
106
(3) by adding at the end the following:
‘‘(3) an officer on the active-duty list or reserve
active-status list who has failed of selection for pro-
motion for the second time to the grade of captain,
in the case of an officer of the Army, Air Force, or
Marine Corps, or to the grade of lieutenant, in the
case of an officer of the Navy; or
‘‘(4) an officer whose discharge or transfer
from an active status is required by law.’’.
SEC. 118. CONFORMING AMENDMENTS RELATING TO NAVY
AND MARINE CORPS OFFICERS.
Section 6389 is amended—
(1) in subsection (a)—
(A) by inserting ‘‘while on the active-duty
list’’ after ‘‘to the next higher grade’’; and
(B) by striking out the period at the end
and inserting in lieu thereof ‘‘or released from
active duty and placed on the reserve active-sta-
tus list.’’;
(2) in subsection (b), by striking out ‘‘or (f)’’;
(3) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(B) by striking out ‘‘lieutenant commander
or above’’ both places it appears and inserting
107
in lieu thereof ‘‘lieutenant commander or com-
mander’’;
(C) by striking out ‘‘major or above’’ both
places it appears and inserting in lieu thereof
‘‘major or lieutenant colonel’’;
(D) by inserting ‘‘while on the active-duty
list’’ after ‘‘to the next higher grade’’ in the
first sentence; and
(E) in the table—
(i) by striking out the line relating to
the grades of captain in the Navy and colo-
nel in the Marine Corps; and
(ii) by striking out ‘‘26 years’’ and in-
serting in lieu thereof ‘‘28 years’’;
(F) by designating the sentence after the
table as paragraph (2) and in that sentence
striking out ‘‘the first sentence of this sub-
section’’ and inserting in lieu thereof ‘‘the first
sentence of paragraph (1)’’;
(G) by designating the next sentence as
paragraph (3) and in that sentence striking out
‘‘the first two sentences of this subsection’’ and
inserting in lieu thereof ‘‘paragraph (1)’’; and
(H) by designating the last sentence as
paragraph (4) and in that sentence—
108
(i) striking out ‘‘the first two sen-
tences of this subsection’’ and inserting in
lieu thereof ‘‘paragraph (1)’’; and
(ii) striking out ‘‘captain or’’; and
(4) by striking out subsections (e), (f), and (g).
SEC. 119. REPEAL OF RESERVE OFFICER PERSONNEL POL-
ICY LAWS.
(a) ARMY PROVISIONS.—
(1) Chapter 337, relating to appointments as
reserve officers (other than sections 3351 and
3352), is repealed.
(2) Chapter 361, relating to separation for var-
ious reasons, is repealed.
(3) Chapter 363, relating to separation or
transfer to the Retired Reserve, is repealed.
(b) NAVY AND MARINE CORPS PROVISIONS.—
(1) Chapter 541, relating to running mates as
reserve officers, is repealed.
(2) Chapter 549, relating to reserve promotions,
is repealed.
(3) Sections 6391, 6392, 6397, 6403, and 6410
are repealed.
(c) AIR FORCE PROVISIONS.—
109
(1) Chapter 837, relating to appointments as
reserve officers (other than sections 8351 and
8352), is repealed.
(2) Sections 8819 and 8820 are repealed.
(3) Chapter 863, relating to separation or
transfer to the Retired Reserve, is repealed.
SEC. 120. AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
Title 32, United States Code, is amended as follows:
(1) Sections 309 and 310 are amended to read
as follows:
‘‘§ 309. Federal recognition of National Guard offi-
cers: officers promoted to fill vacancies
‘‘Each officer of the National Guard who is promoted
to fill a vacancy in a federally recognized unit of the Na-
tional Guard, and who has been on the reserve active-sta-
tus list or the active-duty list of the Army or the Air Force
for at least one year and has completed the minimum
years of service in grade specified in section 14303 of title
10, shall be examined for Federal recognition in the grade
to which the officer is promoted.
‘‘§ 310. Federal recognition of National Guard offi-
cers: automatic recognition
‘‘(a) Notwithstanding sections 307 and 309 of this
title, if a second lieutenant of the National Guard is pro-
110
moted to the grade of first lieutenant to fill a vacancy in
a federally recognized unit in the National Guard, Federal
recognition is automatically extended to that officer in the
grade of first lieutenant, effective as of the date on which
that officer has completed the service in the grade speci-
fied in section 14303(a)(1) of title 10 and has met such
other requirements as prescribed by the Secretary con-
cerned under section 14308(b) of that title, if the officer
has remained in an active status since the officer was so
recommended.
‘‘(b) Notwithstanding sections 307 and 309 of this
title, if an officer of the Army Reserve or the Air Force
Reserve in a reserve grade above second lieutenant is ap-
pointed in the next higher grade in the National Guard
to fill a vacancy in a federally recognized unit in the Na-
tional Guard, Federal recognition is automatically ex-
tended to that officer in the grade in which the officer
is so appointed in the National Guard if the officer has
been recommended for promotion under chapter 1405 of
title 10 and has remained in an active status since the
officer was so recommended. The extension of Federal rec-
ognition under this subsection is effective as of the date
when the officer is appointed in the National Guard.’’.
111
(2) Section 323 is amended by striking out sub-
sections (d) and (e) and inserting in lieu thereof
the following:
‘‘(d) The Federal recognition of a reserve commis-
sioned officer of the Army or the Air Force who is—
‘‘(1) federally recognized as an officer of the
National Guard; and
‘‘(2) subject to involuntary transfer to the Re-
tired Reserve, transfer to an inactive status list, or
discharge under chapter 1407, 1409, or 1411 of title
10;
shall, if not sooner withdrawn, be withdrawn on the date
of such involuntary transfer or discharge.’’.
TITLE II—OTHER PERSONNEL POLICY
AMENDMENTS
PART A—APPOINTMENTS
SEC. 201. REPEAL OF SEPARATE AUTHORITY FOR ACCES-
SION OF WOMEN IN RESERVE COMPONENTS.
(a) ENLISTMENTS.—Section 510 is amended—
(1) by striking out subsection (c); and
(2) by redesignating subsection (d) as sub-
section (c).
(b) APPOINTMENT OF OFFICERS.—Section 591 is
amended—
(1) by striking out subsection (c); and
112
(2) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
SEC. 
202. 
APPOINTMENT 
AUTHORITY 
FOR 
RESERVE
GRADES 
OF 
LIEUTENANT 
COLONEL 
AND
COMMANDER.
Section 593(a) is amended—
(1) in the first sentence, by striking out ‘‘Re-
serves in commissioned grades below lieutenant colo-
nel and commander’’ and inserting in lieu thereof
‘‘reserve officers in commissioned grades of lieuten-
ant colonel and commander or below’’; and
(2) in the second sentence, by striking out ‘‘Re-
serves in commissioned grades above major and lieu-
tenant commander’’ and inserting in lieu thereof
‘‘reserve officers in commissioned grades above lieu-
tenant colonel and commander’’.
SEC. 203. APPOINTMENT OF FORMER COMMISSIONED OFFI-
CERS IN RESERVE COMPONENTS.
Chapter 34 is amended by inserting after section 596
the following new section:
‘‘§ 596a. 
Commissioned 
officers: 
appointment 
of
former commissioned officers
‘‘Under regulations prescribed by the Secretary of
Defense, a person who is a former commissioned officer
may, if otherwise qualified, be appointed as a reserve offi-
113
cer of the Army, Navy, Air Force, or Marine Corps. A
person so appointed—
‘‘(1) may be placed on the reserve active-status
list of that armed force in the grade equivalent to
the permanent regular or reserve grade, and in the
same competitive category, in which the person pre-
viously served satisfactorily on active duty or in an
active status; and
‘‘(2) may be credited for the purpose of deter-
mining date of rank under section 741(d) of this
title with service in grade equal to that held by that
person when discharged or separated.’’.
SEC. 204. CONSTRUCTIVE CREDIT FOR APPOINTMENT OF
OFFICERS IN RESERVE COMPONENTS WITH
QUALIFYING EDUCATION OR EXPERIENCE.
Chapter 34 is further amended by inserting after sec-
tion 596a (as added by section 203) the following new
section:
‘‘§ 596b. Commissioned officers: service credit upon
original appointment
‘‘(a)(1) For the purpose of determining the grade and
the rank within grade of a person receiving an original
appointment as a reserve commissioned officer (other than
a commissioned warrant officer) in the Army, Navy, Air
Force, or Marine Corps, the person shall be credited at
114
the time of the appointment with any commissioned serv-
ice (other than service as a commissioned warrant officer)
performed before such appointment as a regular officer,
or as a reserve officer in an active status, in any armed
force, the National Oceanic and Atmospheric Administra-
tion, or the Public Health Service.
‘‘(2) The Secretary of Defense shall prescribe regula-
tions, which shall apply uniformly among the Army, Navy,
Air Force, and Marine Corps, to authorize the Secretary
of the military department concerned to limit the amount
of prior commissioned service with which a person receiv-
ing an original appointment may be credited under para-
graph (1), or to deny any such credit, in the case of a
person who at the time of such appointment is credited
with constructive service under subsection (b).
‘‘(b)(1) Under regulations prescribed by the Sec-
retary of Defense, a person who is receiving an original
appointment as a reserve commissioned officer (other than
a commissioned warrant officer) of the Army, Navy, Air
Force, or Marine Corps, or a designation in, or an assign-
ment to, an officer category in which advanced education
or training is required and who has advanced education
or training, shall be credited with constructive service for
such education, training, or experience, as follows:
115
‘‘(A) One year for each year of advanced edu-
cation beyond the baccalaureate degree level, for per-
sons appointed or designated in, or assigned to, offi-
cer categories requiring such advanced education or
an advanced degree as a prerequisite for such ap-
pointment, designation, or assignment. Except as
provided in subparagraph (D), in determining the
number of years of constructive service to be cred-
ited under this subparagraph to officers in any pro-
fessional field, the Secretary concerned shall credit
an officer with, but with not more than, the number
of years of postsecondary education in excess of four
that are required by a majority of institutions that
award degrees in that professional field for comple-
tion of the advanced education or award of the ad-
vanced degree.
‘‘(B)(i) Credit for any period of advanced edu-
cation in a health profession (other than medicine
and dentistry) beyond the baccalaureate degree level
which exceeds the basic education criteria for such
appointment, designation, or assignment, if such ad-
vanced education will be directly used by the armed
force concerned.
‘‘(ii) Credit for experience in a health profession
(other than medicine or dentistry), if such experi-
116
ence will be directly used by the armed force con-
cerned.
‘‘(C) Additional credit of (i) not more than one
year for internship or equivalent graduate medical,
dental, or other formal health professional training
required by the armed forces, and (ii) not more than
one year for each additional year of such graduate-
level training or experience creditable toward certifi-
cation in a speciality required by the armed force
concerned.
‘‘(D) Additional credit, in unusual cases, based
on special experience in a particular field.
‘‘(E) Additional credit of one year for advanced
education in a health profession if the number of
years of baccalaureate education completed by 75
percent or more of the students entering advanced
training in that health profession exceeds, by one or
more, 
the 
minimum 
number 
of 
years 
of
preprofessional education required by a majority of
institutions which award degrees in that health pro-
fession. The percentage of such persons shall be
computed on an annual basis for each health profes-
sion from the data for the year in which the person
being so appointed, designated, or assigned was ad-
mitted to a professional school. However, a person
117
may not receive additional credit under this subpara-
graph if the amount of that person’s baccalaureate
education does not exceed, by one or more, the mini-
mum number of years of preprofessional education
required by a majority of institutions which award
degrees for that health profession, determined on the
basis prescribed in the preceding sentence.
‘‘(F) Additional credit for experience as a phy-
sician or dentist, if appointed, assigned, or des-
ignated as a medical or dental officer.
‘‘(2) If the Secretary of Defense determines that the
number of medical or dental officers serving in an active
status in a reserve component of the Army, Navy, or Air
Force in grades below major or lieutenant commander is
critically below the number needed by such reserve compo-
nent in such grades, the Secretary of Defense may author-
ize the Secretary of the military department concerned to
credit any person who is receiving an original appointment
for service as a medical or dental officer with a period
of constructive credit in such amount (in addition to any
amount credited such person under subsection (b)) as will
result in the grade of such person being that of captain
or, in the case of the Naval Reserve, lieutenant.
‘‘(3) Except as authorized by the Secretary concerned
in individual cases and under regulations prescribed by the
118
Secretary of Defense in the case of a medical or dental
officer, the amount of constructive service credited an offi-
cer under this subsection may not exceed the amount re-
quired in order for the officer to be eligible for an original
appointment as a reserve officer of the Army, Air Force,
or Marine Corps in the grade of major or as a reserve
officer of the Navy in the grade of lieutenant commander.
‘‘(4) Constructive service credited an officer under
this subsection is in addition to any service credited that
officer under subsection (a) and shall be credited at the
time of the original appointment of the officer or assign-
ment to or designation in an officer category in which
advanced education or training or special experience is
required.
‘‘(c) Constructive service may not be credited under
subsection (b) for education, training, or experience ob-
tained while serving as a commissioned officer (other than
a warrant officer) on active duty or in an active status.
However, in the case of an officer who completes advanced
education or receives an advanced degree while on active
duty or in an active status and in less than the number
of years normally required to complete such advanced edu-
cation or receive such advanced degree, constructive serv-
ice may, subject to regulations prescribed under subsection
(a)(2), be credited to the officer under subsection
119
(b)(1)(A) to the extent that the number of years normally
required to complete such advanced education or receive
such advanced degree exceeds the actual number of years
in which such advanced education or degree is obtained
by the officer.
‘‘(d) If the Secretary of Defense determines that the
number of qualified judge advocates serving on the active-
duty list of the Army, Navy, Air Force, or Marine Corps
in grades below lieutenant commander or major is criti-
cally below the number needed by that armed force in
those grades, the Secretary of Defense may authorize the
Secretary of the military department concerned to credit
any person who is receiving an original appointment with
a view to assignment to the Judge Advocate General’s
Corps of the Army or appointment to the Judge Advocate
General’s Corps of the Navy, or who is receiving an origi-
nal appointment in the Air Force or Marine Corps with
a view to designation as a judge advocate, with a period
of constructive service in such an amount (in addition to
any amount credited such person under subsection (b)) as
will result in the grade of such person being that of cap-
tain or, in the case of the Navy, lieutenant, and the date
of rank of such person being junior to that of all other
officers of the same grade serving on the active-duty list.
120
‘‘(e) Constructive service credited an officer under
subsection (b) or (d) shall be used only for determin-
ing the officer’s—
‘‘(1) initial grade as a reserve officer;
‘‘(2) rank in grade; and
‘‘(3) service in grade for promotion eligibility.
‘‘(f) The grade and position on the reserve active-sta-
tus list of a person receiving an appointment as a reserve
officer who at the time of appointment is credited with
service under this section shall be determined under regu-
lations prescribed by the Secretary of Defense based upon
the amount of service credited.’’.
SEC. 205. COMPUTATION OF YEARS OF SERVICE FOR
TRANSFER OF ARMY OFFICERS TO RETIRED
RESERVE.
(a) INTERIM REPEAL OF OBSOLETE PROVISION.—
Effective for the period beginning on the date of the enact-
ment of this Act and ending on the effective date specified
in section 601, section 3853 is amended by striking out
‘‘the greater of—’’ and all that follows and inserting in
lieu thereof ‘‘the sum of the following:
‘‘(1) The officer’s years of service as a commis-
sioned officer of any component of the armed forces
or of the Army without specification of component.
121
‘‘(2) The officer’s years of service in a federally
recognized commissioned status in the National
Guard if his service in the National Guard was con-
tinuous from the date of his Federal recognition as
an officer in the National Guard to the date of his
appointment in the National Guard of the United
States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to transfers to the
Retired Reserve and to discharges on or after the date
of the enactment of this Act.
SEC. 206. REPEAL OF MISCELLANEOUS OBSOLETE AP-
POINTMENT AUTHORITIES.
(a) ARMY RESERVE OFFICERS APPOINTED IN TEM-
PORARY GRADES.—Section 3352(a) is amended by strik-
ing out the second sentence.
(b) AIR FORCE AVIATION CADETS.—Section 8356 is
repealed.
(c) REDUNDANT STATEMENT OF AUTHORITY.—Sec-
tion 8379 is repealed.
122
PART B—SEPARATION AND RETIREMENT
SEC. 221. COMPUTATION OF HIGHEST GRADE IN WHICH
SATISFACTORILY 
SERVED 
FOR 
RESERVE
COMMISSIONED OFFICERS AND FORMER OF-
FICERS.
Section 1370 is amended by adding at the end the
following new subsection:
‘‘(d)(1) Unless entitled to a higher grade, or to credit
for satisfactory service in a higher grade, under some
other provision of law, a person who is entitled to retired
pay under chapter 1225 of this title shall, upon application
under section 12731 of this title, be credited with satisfac-
tory service in the highest grade in which that person
served satisfactorily at any time in the armed forces, as
determined by the Secretary concerned in accordance with
this subsection.
‘‘(2)(A) In order to be credited with satisfactory serv-
ice in an officer grade (other than a warrant officer grade)
below the grade of lieutenant colonel or commander, a per-
son covered by paragraph (1) must have served satisfac-
torily in that grade (as determined by the Secretary of
the military department concerned) as a reserve commis-
sioned officer in an active status, or in a retired status
on active duty, for not less than six months.
123
‘‘(B) In order to be credited with satisfactory service
in an officer grade above major or lieutenant commander
and below lieutenant general or vice admiral, a person cov-
ered by paragraph (1) must have served satisfactorily in
that grade (as determined by the Secretary of the military
department concerned) as a reserve commissioned officer
in an active status, or in a retired status on active duty,
for not less than three years. A person covered by the pre-
ceding sentence who has completed at least six months of
satisfactory service in grade and is transferred from an
active status or discharged as a reserve commissioned offi-
cer solely due to the requirements of a nondiscretionary
provision of law requiring that transfer or discharge due
to the person’s age or years of service may be credited
with satisfactory service in the grade in which serving at
the time of such transfer or discharge, notwithstanding
failure of the person to complete three years of service in
that grade.
‘‘(3) A person whose length of service in the highest
grade held does not meet the service in grade requirements
specified in this subsection shall be credited with satisfac-
tory service in the next lower grade in which that person
served satisfactorily (as determined by the Secretary of
the military department concerned) for not less than six
months.’’.
124
PART C—OTHER AMENDMENTS
SEC. 241. TENURE IN OFFICE OF CHIEF OF NATIONAL
GUARD BUREAU.
Section 3040(c) is amended by adding at the end the
following new sentence: ‘‘While holding that office, the
Chief of the National Guard Bureau may not be removed
from the reserve active-status list, or from an active sta-
tus, under any provision of law that otherwise would re-
quire such removal due to completion of a specified num-
ber of years of service or a specified number of years of
service in grade.’’.
SEC. 242. RIGHT TO REENLIST IN REGULAR ARMY OR
REGULAR AIR FORCE AFTER SERVICE AS AN
OFFICER.
(a) ARMY.—Section 3258 is amended—
(1) by striking out ‘‘Any former enlisted mem-
ber’’ and inserting in lieu thereof ‘‘(a) Subject to
subsections (b) and (c), a former enlisted member’’;
(2) by striking out the last sentence; and
(3) by adding at the end the following:
‘‘(b) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person is discharged or released from active duty from
service as an officer described in that subsection—
125
‘‘(1) because that person’s performance of duty
while serving as such an officer has fallen below
standards prescribed by the Secretary of Defense;
‘‘(2) because of misconduct or moral or profes-
sional dereliction; or
‘‘(3) because retention of that person as an offi-
cer is not clearly consistent with the interest of na-
tional security.
‘‘(c) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person’s status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.’’.
(b) AIR FORCE.—Section 8258 is amended—
(1) by striking out ‘‘Any former enlisted mem-
ber’’ and inserting in lieu thereof ‘‘(a) Subject to
subsections (b) and (c), a former enlisted member’’;
(2) by striking out the last sentence; and
(3) by adding at the end the following:
‘‘(b) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person is discharged or released from active duty from
service as an officer described in that subsection—
126
‘‘(1) because that person’s performance of duty
while serving as such an officer has fallen below
standards prescribed by the Secretary of Defense;
‘‘(2) because of misconduct or moral or profes-
sional dereliction; or
‘‘(3) because retention of that person as an offi-
cer is not clearly consistent with the interest of na-
tional security.
‘‘(c) A person who is a former enlisted member is
not entitled to be reenlisted under subsection (a) if that
person’s status and grade as an enlisted member were only
held during, and solely as a result of, participation in a
precommissioning program after the effective date of the
Reserve Officer Personnel Management Act.’’.
TITLE III—REORGANIZATION AND CON-
SOLIDATION OF LAWS RELATING TO
RESERVE COMPONENTS
SEC. 301. LAWS RELATING TO ORGANIZATION AND ADMIN-
ISTRATION OF RESERVE COMPONENTS.
(a) RESERVE COMPONENTS GENERALLY.—(1) Sub-
title E, as added by section 101, is amended by inserting
after the table of chapters at the beginning of the sub-
title the following:
127
‘‘PART I—ORGANIZATION AND
ADMINISTRATION
‘‘Chap
Sec.
‘‘1001. Definitions ....................................................................................
10001
‘‘1003. Reserve Components Generally ....................................................
10101
‘‘1005. Elements of Reserve Components ................................................
10141
‘‘1007. Administration of Reserve Components .......................................
10201
‘‘1009. Reserve Forces Policy Boards and Committees ..........................
10301
‘‘1011. National Guard Bureau ...............................................................
10501
‘‘1013. Budget Information and Annual Reports to Congress ................
10541
‘‘CHAPTER 1001—DEFINITIONS
‘‘Sec.
‘‘10001. Definition of State.
‘‘§ 10001. Definition of State
‘‘In this subtitle, the term ‘State’ includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam.
‘‘CHAPTER 1003—RESERVE COMPONENTS
GENERALLY
‘‘Sec.
‘‘10101. Reserve components named.
‘‘10102. Purpose of reserve components.
‘‘10103. Basic policy for order of National Guard into Federal service.
‘‘10104. Army Reserve: composition.
‘‘10105. Army National Guard of the United States: composition.
‘‘10106. Army National Guard: when a component of the Army.
‘‘10107. Army National Guard of the United States: status when not in Federal
service.
‘‘10108. Naval Reserve: administration.
‘‘10109. Marine Corps Reserve: administration.
‘‘10110. Air Force Reserve: composition.
‘‘10111. Air National Guard of the United States: composition.
‘‘10112. Air National Guard: when a component of the Air Force.
‘‘10113. Air National Guard of the United States: status when not in Federal
service.
‘‘10114.
Coast Guard Reserve.
‘‘§ 10101. Reserve components named
‘‘The reserve components of the armed forces are:
128
‘‘(1) The Army National Guard of the United
States.
‘‘(2) The Army Reserve.
‘‘(3) The Naval Reserve.
‘‘(4) The Marine Corps Reserve.
‘‘(5) The Air National Guard of the United
States.
‘‘(6) The Air Force Reserve.
‘‘(7) The Coast Guard Reserve.
‘‘§ 10102. Purpose of reserve components
‘‘The purpose of each reserve component is to provide
trained units and qualified persons available for active
duty in the armed forces, in time of war or national emer-
gency, and at such other times as the national security
may require, to fill the needs of the armed forces when-
ever, during and after the period needed to procure and
train additional units and qualified persons to achieve the
planned mobilization, more units and persons are need-
ed than are in the regular components.
‘‘§ 10103. Basic policy for order of the National Guard
and reserve components to active duty
‘‘Whenever Congress determines that more units and
organizations are needed for the national security than are
in the regular components of the ground and air forces,
the Army National Guard of the United States and the
129
Air National Guard of the United States, or such parts
of them as are needed, together with units of other reserve
components necessary for a balanced force, shall be or-
dered to active duty and retained as long as so needed.
‘‘§ 10104. Army Reserve: composition
‘‘The Army Reserve includes all Reserves of the Army
who are not members of the Army National Guard of the
United States.
‘‘§ 10105. Army National Guard of the United States:
composition
‘‘The Army National Guard of the United States is
the reserve component of the Army that consists of—
‘‘(1) federally recognized units and organiza-
tions of the Army National Guard; and
‘‘(2) members of the Army National Guard who
are also Reserves of the Army.
‘‘§ 10106. Army National Guard: when a component of
the Army
‘‘The Army National Guard while in the service of
the United States is a component of the Army.
‘‘§ 10107. Army National Guard of the United States:
status when not in Federal service
‘‘When not on active duty, members of the Army Na-
tional Guard of the United States shall be administered,
130
armed, equipped, and trained in their status as members
of the Army National Guard.
‘‘§ 10108. Naval Reserve: administration
‘‘(a) The Naval Reserve is the reserve component of
the Navy. It shall be organized, administered, trained, and
supplied under the direction of the Chief of Naval Oper-
ations.
‘‘(b) The bureaus and offices of the executive part
of the Department of the Navy have the same relation and
responsibility to the Naval Reserve as they do to the Regu-
lar Navy.
‘‘§ 10109. Marine Corps Reserve: administration
‘‘(a) The Marine Corps Reserve is the reserve compo-
nent of the Marine Corps. It shall be organized, adminis-
tered, trained, and supplied under the direction of the
Commandant of the Marine Corps.
‘‘(b) The departments and offices of Headquarters,
Marine Corps have the same relation and responsibilities
to the Marine Corps Reserve as they do to the Regular
Marine Corps.
‘‘§ 10110. Air Force Reserve: composition
‘‘The Air Force Reserve is a reserve component of
the Air Force to provide a reserve for active duty. It con-
sists of the members of the officers’ section of the Air
Force Reserve and of the enlisted section of the Air Force
131
Reserve. It includes all Reserves of the Air Force who are
not members of the Air National Guard of the United
States.
‘‘§ 10111. Air National Guard of the United States:
composition
‘‘The Air National Guard of the United States is the
reserve component of the Air Force that consists of—
‘‘(1) federally recognized units and organiza-
tions of the Air National Guard; and
‘‘(2) members of the Air National Guard who
are also Reserves of the Air Force.
‘‘§ 10112. Air National Guard: when a component of
the Air Force
‘‘The Air National Guard while in the service of the
United States is a component of the Air Force.
‘‘§ 10113. Air National Guard of the United States: sta-
tus when not in Federal service
‘‘When not on active duty, members of the Air Na-
tional Guard of the United States shall be administered,
armed, equipped, and trained in their status as members
of the Air National Guard.
‘‘§ 10114. Coast Guard Reserve
‘‘As provided in section 701 of title 14, the Coast
Guard Reserve is a component of the Coast Guard and
is organized, administered, trained, and supplied under
132
the direction of the Commandant of the Coast Guard.
Laws applicable to the Coast Guard Reserve are set forth
in chapter 21 of title 14 (14 U.S.C. 701 et seq.).
‘‘CHAPTER 1005—ELEMENTS OF RESERVE
COMPONENTS
‘‘Sec.
‘‘10141. Ready Reserve; Standby Reserve; Retired Reserve: placement and sta-
tus of members; training categories.
‘‘10142. Ready Reserve generally.
‘‘10143. Ready Reserve: Selected Reserve.
‘‘10144. Ready Reserve: Individual Ready Reserve.
‘‘10145. Ready Reserve: placement in.
‘‘10146. Ready Reserve: transfer from.
‘‘10147. Ready Reserve: training requirements.
‘‘10148. Ready Reserve: failure to satisfactorily perform prescribed training.
‘‘10149. Ready Reserve: continuous screening.
‘‘10150. Ready Reserve: transfer back from Standby Reserve.
‘‘10151. Standby Reserve: composition.
‘‘10152. Standby Reserve: inactive status list.
‘‘10153. Standby Reserve: status of members.
‘‘10154. Retired Reserve.
‘‘§ 10141. Ready Reserve; Standby Reserve; Retired
Reserve: 
placement 
and 
status 
of
members; training categories
‘‘(a) There are in each armed force a Ready Reserve,
a Standby Reserve, and a Retired Reserve. Each Reserve
shall be placed in one of those categories.
‘‘(b) Reserves who are on the inactive status list of
a reserve component, or who are assigned to the inactive
Army National Guard or the inactive Air National Guard,
are in an inactive status. Members in the Retired Reserve
are in a retired status. All other Reserves are in an active
status.
133
‘‘(c) As prescribed by the Secretary concerned, each
reserve component except the Army National Guard of the
United States and the Air National Guard of the United
States shall be divided into training categories according
to the degrees of training, including the number and dura-
tion of drills or equivalent duties to be completed in stated
periods. The designation of training categories shall be the
same for all armed forces and the same within the Ready
Reserve and the Standby Reserve.
‘‘§ 10142. Ready Reserve
‘‘(a) The Ready Reserve consists of units or Reserves,
or both, liable for active duty as provided in sections
12301 and 12302 of this title.
‘‘(b) The authorized strength of the Ready Reserve
is 2,900,000.
‘‘§ 10143. Ready Reserve: Selected Reserve
‘‘(a) Within the Ready Reserve of each of the reserve
components there is a Selected Reserve. The Selected Re-
serve consists of units, and, as designated by the Secretary
concerned, of Reserves, trained as prescribed in section
10147(a)(1) of this title or section 502(a) of title 32, as
appropriate.
‘‘(b) The organization and unit structure of the Se-
lected Reserve shall be approved—
134
‘‘(1) in the case of all reserve components other
than the Coast Guard Reserve, by the Secretary of
Defense based upon recommendations from the mili-
tary departments as approved by the Chairman of
the Joint Chiefs of Staff in accordance with contin-
gency and war plans; and
‘‘(2) in the case of the Coast Guard Reserve, by
the Secretary of Transportation upon the rec-
ommendation of the Commandant of the Coast
Guard.
‘‘§ 10144. Ready Reserve: Individual Ready Reserve
‘‘Within the Ready Reserve of each of the reserve
components there is an Individual Ready Reserve. The In-
dividual Ready Reserve consists of those members of the
Ready Reserve who are not in the Selected Reserve or the
inactive National Guard.
‘‘§ 10145. Ready Reserve: placement in
‘‘(a) Each person required under law to serve in a
reserve component shall, upon becoming a member, be
placed in the Ready Reserve of his armed force for his
prescribed term of service, unless he is transferred to the
Standby Reserve under section 10146(a) of this title.
‘‘(b) The units and members of the Army National
Guard of the United States and of the Air National Guard
135
of the United States are in the Ready Reserve of the Army
and the Ready Reserve of the Air Force, respectively.
‘‘(c) All Reserves assigned to units organized to serve
as units and designated as units in the Ready Reserve are
in the Ready Reserve.
‘‘(d) Under such regulations as the Secretary con-
cerned may prescribe, any qualified member of a reserve
component or any qualified retired enlisted member of a
regular component may, upon his request, be placed in the
Ready Reserve. However, a member of the Retired Reserve
entitled to retired pay or a retired enlisted member of a
regular component may not be placed in the Ready Re-
serve unless the Secretary concerned makes a special find-
ing that the member’s services in the Ready Reserve are
indispensable. The Secretary concerned may not delegate
his authority under the preceding sentence.
‘‘§ 10146. Ready Reserve: transfer from
‘‘(a) Subject to subsection (c) and under regulations
prescribed by the Secretary of Defense, or by the Sec-
retary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, a mem-
ber in the Ready Reserve may be transferred to the Stand-
by Reserve.
‘‘(b) A Reserve who is qualified and so requests may
be transferred to the Retired Reserve under regulations
136
prescribed by the Secretary concerned and, in the case of
the Secretary of a military department, approved by the
Secretary of Defense.
‘‘(c) A member of the Army National Guard of the
United States or the Air National Guard of the United
States may be transferred to the Standby Reserve only
with the consent of the governor or other appropriate au-
thority of the State.
‘‘§ 10147. Ready Reserve: training requirements
‘‘(a) Except as specifically provided in regulations to
be prescribed by the Secretary of Defense, or by the Sec-
retary of Transportation with respect to the Coast Guard
when it is not operating as a service in the Navy, each
person who is enlisted, inducted, or appointed in an armed
force, and who becomes a member of the Ready Reserve
under any provision of law except section 513 or 10145(b)
of this title, shall be required, while in the Ready Reserve,
to—
‘‘(1) participate in at least 48 scheduled drills
or training periods during each year and serve on
active duty for training of not less than 14 days (ex-
clusive of traveltime) during each year; or
‘‘(2) serve on active duty for training not more
than 30 days during each year.
137
‘‘(b) A member who has served on active duty for
one year or longer may not be required to perform a period
of active duty for training if the first day of that period
falls during the last 120 days of the member’s required
membership in the Ready Reserve.
‘‘§ 10148. Ready Reserve: failure to satisfactorily per-
form prescribed training
‘‘(a) A member of the Ready Reserve covered by sec-
tion 10147 of this title who fails in any year to perform
satisfactorily the training duty prescribed in that section,
as determined by the Secretary concerned under regula-
tions prescribed by the Secretary of Defense, may be or-
dered without his consent to perform additional active
duty for training for not more than 45 days. If the failure
occurs during the last year of his required membership
in the Ready Reserve, his membership is extended until
he performs that additional active duty for training, but
not for more than six months.
‘‘(b) A member of the Army National Guard of the
United States or the Air National Guard of the United
States who fails in any year to perform satisfactorily the
training duty prescribed by or under law for members of
the Army National Guard or the Air National Guard, as
the case may be, as determined by the Secretary con-
cerned, may, upon the request of the Governor of the State
138
(or, in the case of the District of Columbia, the command-
ing general of the District of Columbia National Guard)
be ordered, without his consent, to perform additional ac-
tive duty for training for not more than 45 days. A mem-
ber ordered to active duty under this subsection shall be
ordered to duty as a Reserve of the Army or as a Reserve
of the Air Force, as the case may be.
‘‘§ 10149. Ready Reserve: continuous screening
‘‘(a) Under regulations to be prescribed by the Presi-
dent, the Secretary concerned shall provide a system of
continuous screening of units and members of the Ready
Reserve to ensure the following:
‘‘(1) That there will be no significant attrition
of those members or units during a mobilization.
‘‘(2) That there is a proper balance of military
skills.
‘‘(3) That except for those with military skills
for which there is an overriding requirement, mem-
bers having critical civilian skills are not retained in
numbers beyond the need for those skills.
‘‘(4) That with due regard to national security
and military requirements, recognition will be given
to participation in combat.
‘‘(5) That members whose mobilization in an
emergency would result in an extreme personal or
139
community
hardship
are
not
retained
in
the
Ready Reserve.
‘‘(b) Under regulations to be prescribed by the Sec-
retary of Defense, and by the Secretary of Transportation
with respect to the Coast Guard when it is not operating
as a service in the Navy, a member of the Ready Reserve
who is designated as a member not to be retained in the
Ready Reserve as a result of screening under subsection
(a) shall, as appropriate, be—
‘‘(1) transferred to the Standby Reserve;
‘‘(2) discharged; or
‘‘(3) if the member is eligible and applies there-
for, transferred to the Retired Reserve.
‘‘§ 10150. Ready Reserve: transfer back from Standby
Reserve
‘‘Under regulations to be prescribed by the Secretary
of Defense, and by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as
a service in the Navy, a member of the Standby Reserve
who has not completed his required period of service in
the Ready Reserve may be transferred to the Ready Re-
serve when the reason for his transfer to the Standby Re-
serve no longer exists.
140
‘‘§ 10151. Standby Reserve: composition
‘‘The Standby Reserve consists of those units or
members, or both, of the reserve components, other than
those in the Ready Reserve or Retired Reserve, who are
liable for active duty only as provided in sections 12301
and 12306 of this title.
‘‘§ 10152. Standby Reserve: inactive status list
‘‘(a) An inactive status list shall be maintained in the
Standby Reserve. Whenever an authority designated by
the Secretary concerned considers that it is in the best
interest of the armed force concerned, a member in the
Standby Reserve who is not required to remain a Reserve,
and who cannot participate in prescribed training, may,
if qualified, be transferred to the inactive status list under
regulations to be prescribed by the Secretary concerned.
These regulations shall fix the conditions under which
such a member is entitled to be returned to an active
status.
‘‘§ 10153. Standby Reserve: status of members
‘‘While in an inactive status, a Reserve is not eligible
for pay or promotion and (as provided in section 12734(a)
of this title) does not accrue credit for years of service
under chapter 1223 of this title.
‘‘§ 10154. Retired Reserve
‘‘The Retired Reserve consists of the following
Reserves:
141
‘‘(1) Reserves who are or have been retired
under section 3911, 6323, or 8911 of this title or
under section 291 of title 14.
‘‘(2) Reserves who have been transferred to the
Retired Reserve upon their request, retain their
status as Reserves, and are otherwise qualified.
‘‘CHAPTER 1007—ADMINISTRATION OF RESERVE
COMPONENTS
‘‘Sec.
‘‘10201. Assistant Secretary of Defense for Reserve Affairs.
‘‘10202. Regulations.
‘‘10203. Reserve affairs: designation of general or flag officer of each armed
force.
‘‘10204. Personnel records.
‘‘10205. Members of Individual Ready Reserve: requirement of notification of
change of status.
‘‘10206. Members: periodic physical examinations.
‘‘10207. Mobilization forces: maintenance.
‘‘10208. Annual mobilization exercise.
‘‘10209. Regular and reserve components: discrimination prohibited.
‘‘10210. Dissemination of information.
‘‘10211. Policies and regulations: participation of reserve officers in preparation
and administration.
‘‘10212. Reserve components: dual membership prohibited.
‘‘10213. Adjutants general and assistant adjutants general: reference to other
officers of National Guard.
‘‘10214. Officers of Army National Guard of the United States and Air National
Guard of the United States: authority with respect to Federal
status.
‘‘§ 10201. Assistant Secretary of Defense for Reserve
Affairs
‘‘As provided in section 136(b)(2) of this title, the
official in the Department of Defense with responsibility
for overall supervision of reserve component affairs of the
Department of Defense is the Assistant Secretary of
Defense for Reserve Affairs.
142
‘‘§ 10202. Regulations
‘‘(a) Subject to standards, policies, and procedures
prescribed by the Secretary of Defense, the Secretary of
each military department shall prescribe such regulations
as the Secretary considers necessary to carry out provi-
sions of law relating to the reserve components under
the Secretary’s jurisdiction.
‘‘(b) The Secretary of Transportation, with the con-
currence of the Secretary of the Navy, shall prescribe such
regulations as the Secretary considers necessary to carry
out all provisions of law relating to the reserve components
insofar as they relate to the Coast Guard, except when
the Coast Guard is operating as a service in the Navy.
‘‘(c) So far as practicable, regulations for all reserve
components shall be uniform.
‘‘§ 10203. Reserve affairs: designation of general or
flag officer of each armed force
‘‘(a) The Secretary of the Army may designate a gen-
eral officer of the Army to be directly responsible for
reserve affairs to the Chief of Staff of the Army.
‘‘(b) The Secretary of the Navy may designate a flag
officer of the Navy to be directly responsible for reserve
affairs to the Chief of Naval Operations and a general offi-
cer of the Marine Corps to be directly responsible for re-
serve affairs to the Commandant of the Marine Corps.
143
‘‘(c) The Secretary of the Air Force may designate
a general officer of the Air Force to be directly responsible
for reserve affairs to the Chief of Staff of the Air Force.
‘‘(d) The Secretary of Transportation may designate
a flag officer of the Coast Guard to be directly responsible
for reserve affairs to the Commandant of the Coast Guard.
‘‘(e) This section does not affect the functions of the
Chief of the National Guard Bureau, the Chief of Army
Reserve, or the Chief of Air Force Reserve.
‘‘§ 10204. Personnel records
‘‘(a) The Secretary concerned shall maintain ade-
quate and current personnel records of each member of
the reserve components under the Secretary’s jurisdiction
showing the following with respect to the member:
‘‘(1) Physical condition.
‘‘(2) Dependency status.
‘‘(3) Military qualifications.
‘‘(4) Civilian occupational skills.
‘‘(5) Availability for service.
‘‘(6) Such other information as the Secretary
concerned may prescribe.
‘‘(b) Under regulations to be prescribed by the Sec-
retary of Defense, the Secretary of each military depart-
ment shall maintain a record of the number of members
of each class of each reserve component who, during each
144
fiscal year, have participated satisfactorily in active duty
for training and inactive duty training with pay.
‘‘§ 10205. Members of Ready Reserve: requirement of
notification of change of status
‘‘(a) Each member of the Ready Reserve shall notify
the Secretary concerned of any change in the member’s
address, marital status, number of dependents, or civilian
employment and of any change in the member’s physical
condition that would prevent the member from meeting
the physical or mental standards prescribed for the mem-
ber’s armed force.
‘‘(b) This section shall be administered under regula-
tions prescribed by the Secretary of Defense and by the
Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy.
‘‘§ 10206. Members: periodic physical examinations
‘‘(a) Each member of the Ready Reserve who is not
on active duty shall—
‘‘(1) be examined as to his physical fitness
every four years, or more often as the Secretary con-
cerned considers necessary; and
‘‘(2) execute and submit annually to the Sec-
retary concerned a certificate of physical condition.
Each Reserve in an active status, or on an inactive status
list, who is not on active duty shall execute and submit
145
annually to the Secretary concerned a certificate of phys-
ical condition.
‘‘(b) The kind of duty to which a Reserve ordered
to active duty may be assigned shall be considered in de-
termining physical qualifications for active duty.
‘‘§ 10207. Mobilization forces: maintenance
‘‘(a) Whenever units or members of the reserve com-
ponents are ordered to active duty (other than for train-
ing) during a period of partial mobilization, the Secretary
concerned shall continue to maintain mobilization forces
by planning and budgeting for the continued organization
and training of the reserve components not mobilized, and
make the fullest practicable use of the Federal facilities
vacated by mobilized units, consistent with approved joint
mobilization plans.
‘‘(b) In this section, the term ‘partial mobilization’
means the mobilization resulting from action by Congress
or the President, under any law, to bring units of any re-
serve component, and members not assigned to units orga-
nized to serve as units, to active duty for a limited expan-
sion of the active armed forces.
‘‘§ 10208. Annual mobilization exercise
‘‘(a) The Secretary of Defense shall conduct at least
one major mobilization exercise each year. The exercise
should be as comprehensive and as realistic as possible
146
and should include the participation of associated active
component and reserve component units.
‘‘(b) The Secretary shall maintain a plan to test peri-
odically each active component and reserve component
unit based in the United States and all interactions of
such units, as well as the sustainment of the forces mobi-
lized as part of the exercise, with the objective of permit-
ting an evaluation of the adequacy of resource allocation
and planning.
‘‘§ 10209. Regular and reserve components: discrimi-
nation prohibited
‘‘Laws applying to both Regulars and Reserves shall
be administered without discrimination—
‘‘(1) among Regulars;
‘‘(2) among Reserves; and
‘‘(3) between Regulars and Reserves.
‘‘§ 10210. Dissemination of information
‘‘The Secretary of Defense shall require the complete
and current dissemination, to all Reserves and to the pub-
lic, of information of interest to the reserve components.
‘‘§ 10211. Policies and regulations: participation of
Reserve officers in preparation and ad-
ministration
‘‘Within such numbers and in such grades and as-
signments as the Secretary concerned may prescribe, each
147
armed force shall have officers of its reserve components
on active duty (other than for training) at the seat of gov-
ernment, and at headquarters responsible for reserve af-
fairs, to participate in preparing and administering the
policies and regulations affecting those reserve compo-
nents. While so serving, such an officer is an additional
number of any staff with which he is serving.
‘‘§ 10212. Reserve components: dual membership pro-
hibited
‘‘Except as otherwise provided in this title, no person
may be a member of more than one reserve component
at the same time.
‘‘§ 10213. Adjutants general and assistant adjutants
general: reference to other officers of Na-
tional Guard
‘‘In any case in which, under the laws of a State,
an officer of the National Guard of that jurisdiction, other
than the adjutant general or an assistant adjutant gen-
eral, normally performs the duties of that office, the ref-
erences in sections 12004(b)(1), 12215, 12642(c),
14507(b), 14508(e), and 14512 of this title to the adju-
tant general or the assistant adjutant general shall be ap-
plied to that officer instead of to the adjutant general or
assistant adjutant general.
148
‘‘§ 10214. Officers of Army National Guard of the
United States and Air National Guard of
the United States: authority with respect
to Federal status
‘‘(a)(1) Officers of the Army National Guard of the
United States who are not on active duty—
‘‘(A) may order members of the Army National
Guard of the United States to active duty for train-
ing under section 12301(d) of this title; and
‘‘(B) with the approval of the Secretary of the
Air Force, may order members of the Air National
Guard of the United States to active duty for train-
ing under that section.
‘‘(2) Officers of the Air National Guard of the United
States who are not on active duty—
‘‘(A) may order members of the Air National
Guard of the United States to active duty for train-
ing under section 12301(d) of this title; and
‘‘(B) with the approval of the Secretary of the
Army, may order members of the Army National
Guard of the United States to active duty for train-
ing under that section.
‘‘(b) Officers of the Army National Guard of the
United States or the Air National Guard of the United
States who are not on active duty—
149
‘‘(1) may enlist, reenlist, or extend the enlist-
ments of persons as Reserves of the Army or Re-
serves of the Air Force for service in the Army
National Guard of the United States or the Air Na-
tional Guard of the United States, as the case may
be; and
‘‘(2) with respect to their Federal status, may
promote or discharge persons enlisted or reenlisted
as Reserves of the Army or Reserves of the Air
Force for that service.
‘‘(c) This section shall be carried out under regula-
tions prescribed by the Secretary of the Army, with re-
spect to matters concerning the Army, and by the
Secretary of the Air Force, with respect to matters con-
cerning the Air Force.’’.
(2)(A) Sections 261 through 265 and 267 through
281 are repealed.
(B) Chapter 11 is amended by striking out the table
of sections at the beginning and inserting in lieu thereof
the following:
‘‘Sec.
‘‘261. Reference to chapters 1003, 1005, and 1007.
‘‘§ 261. Reference to chapters 1003, 1005, and 1007
‘‘Provisions of law relating to the reserve components
generally, including provisions relating to the organization
and administration of the reserve components, are set
150
forth in chapter 1003 (beginning with section 10101),
chapter 1005 (beginning with section 10141), and chapter
1007 (beginning with section 10201) of this title.’’.
(3)(A) Chapter 519 and sections 652, 2001, 3076
through 3080, and 8076 through 8080 are repealed.
(B) Section 552(e) of Public Law 98–525 is repealed.
(4) Section 1004 is amended—
(A) by striking out subsections (a) and (b); and
(B) by striking out ‘‘(c)’’ before ‘‘Except as
otherwise provided’’.
(5)(A) Section 10147(a), as added by paragraph (1),
applies only to persons who were inducted, enlisted, or ap-
pointed in an armed force after August 9, 1955.
(B) Section 10148(b), as added by paragraph (1), ap-
plies only to persons who became members of the Army
National Guard of the United States or the Air National
Guard of the United States after October 4, 1961.
(b) BOARDS AND COMMITTEES.—(1) Part I of sub-
title E (as added by subsection (a)) is amended by adding
at the end the following:
‘‘CHAPTER 1009—RESERVE FORCES POLICY
BOARDS AND COMMITTEES
‘‘Sec.
‘‘10301. Reserve Forces Policy Board.
‘‘10302. Army Reserve Forces Policy Committee.
‘‘10303. Naval Reserve Policy Board.
‘‘10304. Marine Corps Reserve Policy Board.
‘‘10305. Air Force Reserve Forces Policy Committee.
151
‘‘§ 10301. Reserve Forces Policy Board
‘‘(a) There is in the Office of the Secretary of De-
fense a Reserve Forces Policy Board. The Board consists
of the following:
‘‘(1) A civilian chairman appointed by the Sec-
retary of Defense.
‘‘(2) The Assistant Secretary of the Army for
Manpower and Reserve Affairs, the Assistant Sec-
retary of the Navy for Manpower and Reserve Af-
fairs, and the Assistant Secretary of the Air Force
for Manpower and Reserve Affairs.
‘‘(3) An officer of the Regular Army designated
by the Secretary of the Army.
‘‘(4) An officer of the Regular Navy or Regular
Marine Corps designated by the Secretary of the
Navy.
‘‘(5) An officer of the Regular Air Force des-
ignated by the Secretary of the Air Force.
‘‘(6) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
the Secretary of the Army, two of whom must be
members of the Army National Guard of the United
States, and two of whom must be members of the
Army Reserve.
‘‘(7) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
152
the Secretary of the Navy, two of whom must be
members of the Naval Reserve, and two of whom
must be members of the Marine Corps Reserve.
‘‘(8) Four reserve officers designated by the
Secretary of Defense upon the recommendation of
the Secretary of the Air Force, two of whom must
be members of the Air National Guard of the United
States, and two of whom must be members of the
Air Force Reserve.
‘‘(9) A reserve officer of the Army, Navy, Air
Force, or Marine Corps who is a general officer or
flag officer designated by the Chairman of the
Board with the approval of the Secretary of Defense,
and who serves without vote as military adviser to
the Chairman and as executive officer of the Board.
‘‘(b) Whenever the Coast Guard is not operating as
a service in the Navy, the Secretary of Transportation
may designate two officers of the Coast Guard, Regular
or Reserve, to serve as voting members of the Board.
‘‘(c) The Board, acting through the Assistant
Secretary of Defense for Reserve Affairs, is the principal
policy adviser to the Secretary of Defense on matters
relating to the reserve components.
153
‘‘(d) This section does not affect the committees on
reserve policies prescribed within the military departments
by sections 10302 through 10305 of this title.
‘‘(e) A member of a committee or board prescribed
under a section listed in subsection (d) may, if otherwise
eligible, be a member of the Reserve Forces Policy Board.
‘‘(f) The Board shall act on those matters referred
to it by the Chairman and, in addition, on any matter
raised by a member of the Board.
‘‘§ 10303. Naval Reserve Policy Board
‘‘A Naval Reserve Policy Board shall be convened at
least once annually at the seat of government to consider,
recommend, and report to the Secretary of the Navy on
reserve policy matters. At least half of the members of
the Board must be officers of the Naval Reserve.
‘‘§ 10304. Marine Corps Reserve Policy Board
‘‘A Marine Corps Reserve Policy Board shall be con-
vened at least once annually at the seat of government
to consider, recommend, and report to the Secretary of
the Navy on reserve policy matters. At least half of the
members of the Board must be officers of the Marine
Corps Reserve.’’.
(2)(A) Section 3021 is transferred to chapter 1009
(as added by paragraph (1)), inserted after section 10301,
and redesignated as section 10302.
154
(B) Section 8021 is transferred to chapter 1009 (as
added by paragraph (1)), inserted after section 10304,
and redesignated as section 10305.
(3) The text of section 175 is amended to read as
follows:
‘‘There is in the Office of the Secretary of Defense
a Reserve Forces Policy Board. The functions, member-
ship, and organization of that board are set forth in sec-
tion 10301 of this title.’’.
(4)(A) Chapter 303 (as amended by paragraph
(2)(A)) is amended by adding at the end the following:
‘‘§ 3021. Army Reserve Forces Policy Committee
‘‘There is in the Office of the Secretary of the Army
an Army Reserve Forces Policy Committee. The functions,
membership, and organization of that committee are set
forth in section 10302 of this title.’’.
(B) Chapter 803 (as amended by paragraph (2)(B))
is amended by adding at the end the following:
‘‘§ 8021. Air Force Reserve Forces Policy Committee
‘‘There is in the Office of the Secretary of the Air
Force an Air Force Reserve Forces Policy Committee. The
functions, membership, and organization of that commit-
tee are set forth in section 10305 of this title.’’.
(c) NATIONAL GUARD BUREAU.—(1) Part I of sub-
title E, as added by subsection (a), is amended by adding
155
after chapter 1009, as added by subsection (b), the
following:
‘‘CHAPTER 1011—NATIONAL GUARD BUREAU
‘‘Sec.
‘‘10501. National Guard Bureau: organization; function.
‘‘10502. Chief of Bureau: appointment.
‘‘10503. Chief of Bureau: term of office; grade; filling vacancy.
‘‘10504. National Guard Bureau: assignment of officers of regular or reserve
components.
‘‘§ 10501. National Guard Bureau: organization; func-
tion
‘‘There is a National Guard Bureau, which is a joint
bureau of the Department of the Army and the Depart-
ment of the Air Force. The National Guard Bureau is the
channel of communication between the departments con-
cerned and the several States, Territories, Puerto Rico,
and the District of Columbia on all matters pertaining to
the National Guard, the Army National Guard of the
United States, and the Air National Guard of the United
States.
‘‘§ 10502. Chief of Bureau: appointment
‘‘(a) CHIEF.—The National Guard Bureau is headed
by a chief who is the adviser to the Army Chief of Staff
and the Air Force Chief of Staff on National Guard
matters.
‘‘(b) APPOINTMENT.—The President, by and with the
advice and consent of the Senate, shall appoint the Chief
of the Bureau from officers of the Army National Guard
156
of the United States or the Air National Guard of the
United States who—
‘‘(1) have been recommended by their respective
governors;
‘‘(2) have had at least 10 years of commis-
sioned service in the active National Guard; and
‘‘(3) are in a grade above lieutenant colonel.
‘‘§ 10503. Chief of Bureau: term of office; grade; filling
vacancy
‘‘(a) TERM OF OFFICE.—The Chief of the National
Guard Bureau holds office for four years, but may be re-
moved for cause at any time. An officer may not hold the
office of Chief of the Bureau after attaining 64 years of
age. He is eligible to succeed himself. While holding that
office, the Chief of the Bureau may not be removed from
the reserve active-status list, or from an active status,
under any provision of law that otherwise would require
such removal due to completion of a specified number of
years of service or a specified number of years of service
in grade.
‘‘(b) GRADE WHILE SERVING.—If an officer ap-
pointed as Chief of the National Guard Bureau holds a
lower reserve grade, the officer shall be appointed as a
Reserve in his armed force in the grade of major general
for service in the Army National Guard of the United
157
States or the Air National Guard of the United States,
as the case may be, while serving as Chief of the Bureau.
‘‘(c) DISABILITY; VACANCY.—If the Chief of the Bu-
reau is unable, because of disability, to perform the func-
tions of his office, or if that office is vacant, the senior
officer of the Army National Guard of the United States
or the Air National Guard of the United States on duty
in the Bureau shall act as its chief until the disability
ceases or a successor is appointed.
‘‘§ 10504. National Guard Bureau: assignment of offi-
cers of regular or reserve components
‘‘Except as provided in section 12402(b) of this title,
the President may assign to duty in the National Guard
Bureau as many regular or reserve officers of the Army
and the Air Force as he considers necessary.’’.
(2) Sections 3040, 3541, and 8541 are repealed.
(d) ANNUAL REPORT
ON GUARD
AND RESERVE
EQUIPMENT.—(1) Part I of subtitle E, as added by sub-
section (a), is amended by adding after chapter 1011, as
added by subsection (c), the following:
‘‘CHAPTER 1013—BUDGET INFORMATION AND
ANNUAL REPORTS TO CONGRESS
‘‘Sec.
‘‘10541. National Guard and reserve component equipment: annual report to
Congress.’’.
158
(2) Section 115b is transferred to chapter 1013, as
added by paragraph (1), inserted after the table of sec-
tions, and redesignated as section 10541.
(3) The heading of that section is amended to read
as follows:
‘‘§ 10541. National Guard and reserve component
equipment: annual report to Congress’’.
SEC. 302. LAWS RELATING TO RESERVE COMPONENT PER-
SONNEL POLICY.
(a) STRENGTH AND DISTRIBUTION IN GRADE.—(1)
Subtitle E, as added by section 101, is amended by insert-
ing after part I of such subtitle, as added by section 301,
the following:
‘‘PART II—PERSONNEL GENERALLY
‘‘Chap.
Sec.
‘‘1201. Authorized Strengths and Distribution in Grade ........................
12001
‘‘1203. Enlisted Members ........................................................................
12101
‘‘1205. Appointment of Reserve Officers .................................................
12201
‘‘1207. Warrant Officers ..........................................................................
12241
‘‘1209. Active Duty ..................................................................................
12301
‘‘1211. National Guard Members in Federal Service ..............................
12401
‘‘1213. Special Appointments, Assignments, Details, and Duties ...........
12501
‘‘1215. Miscellaneous Prohibitions and Penalties ............... [No present sections]
‘‘1217. Miscellaneous Rights and Benefits ..............................................
12601
‘‘1219. Standards and Procedures for Retention and Promotion ...........
12641
‘‘1221. Separation ....................................................................................
12681
‘‘1223. Retired Pay for Non-Regular Service ..........................................
12731
‘‘1225. Retired Grade ..............................................................................
12771
‘‘CHAPTER 1201—AUTHORIZED STRENGTHS AND
DISTRIBUTION IN GRADE
‘‘Sec.
‘‘12001. Authorized strengths: reserve components.
‘‘12002. Authorized strengths: Army and Air Force reserve components, exclu-
sive of members on active duty.
‘‘12003. Authorized strengths: commissioned officers active status.
159
‘‘12004. Strength in grade: reserve general and flag officers in an active status.
‘‘12005. Strength in grade: commissioned officers in grades below brigadier gen-
eral or rear admiral (lower half) in an active status.
‘‘12006. Strength limitations: authority to waive in time of war or national
emergency.
‘‘12007. Reserve officers of the Army: distribution.
‘‘12008. Army Reserve and Air Force Reserve: warrant officers.
‘‘12009. Army and Air Force reserve components: temporary increases.
‘‘12010. Computations for Naval Reserve and Marine Corps Reserve: rule when
fraction occurs in final result.
‘‘12011. Authorized strengths: reserve officers on active duty or on full-time
National Guard duty for administration of the reserves or the
National Guard.
‘‘12012. Authorized strengths: senior enlisted members on active duty or on
full-time National Guard duty for administration of the re-
serves or the National Guard.
‘‘§ 12001. Authorized strengths: reserve components
‘‘(a) Whenever the authorized strength of a reserve
component (other than the Coast Guard Reserve) is not
prescribed by law, it shall be prescribed by the President.
‘‘(b) Subject to the authorized strength of the reserve
component concerned, the authorized strength of each re-
serve component (other than the Coast Guard Reserve)
in members in each grade is that which the Secretary con-
cerned determines to be necessary to provide for mobiliza-
tion requirements. The Secretary shall review these deter-
minations at least once each year and revise them if he
considers it necessary. However, a member of the reserve
component concerned may not, as a result of such a deter-
mination, be reduced in the member’s reserve grade with-
out the member’s consent.
160
‘‘§ 12002. Authorized strengths: Army and Air Force
reserve components, exclusive of mem-
bers on active duty
‘‘(a) The authorized strengths of the National Guard
and the reserve components of the Army and the Air
Force, exclusive of members who are included in the
strengths authorized for members of the Army and Air
Force, respectively, on active duty, are as follows:
‘‘Army National Guard and the Army National Guard of the
United States ...................................................................................
600,000
‘‘Army Reserve .........................................................................
980,000
‘‘Air National Guard and the Air National Guard of the
United States ...................................................................................
150,000
‘‘Air Force Reserve ..................................................................
500,000.
‘‘(b) The strength authorized by this section for the
Army National Guard and the Army National Guard of
the United States, and the strength authorized by this sec-
tion for the Air National Guard and the Air National
Guard of the United States, shall be allocated among the
States.
‘‘§ 12003. Authorized strengths: commissioned offi-
cers in an active status
‘‘(a) The authorized strengths of the Army, Navy, Air
Force, and Marine Corps in reserve commissioned officers,
other than commissioned warrant officers and officers on
an active-duty list, in an active status are as follows:
‘‘Army ......................................................................................
275,000
‘‘Air Force ................................................................................
200,000
‘‘Navy .......................................................................................
150,000
‘‘Marine Corps .........................................................................
24,500.
161
‘‘(b) The authorized strengths prescribed by sub-
section (a) may not be exceeded unless—
‘‘(1) the Secretary concerned determines that a
greater number is necessary for planned mobilization
requirements; or
‘‘(2) the excess results directly from the oper-
ation of a nondiscretionary provision of law.
‘‘§ 12004. Strength in grade: reserve general and flag
officers in an active status
‘‘(a) The authorized strengths of the Army, Air
Force, and Marine Corps in reserve general officers in an
active status, and the authorized strength of the Navy in
reserve officers in the grades of rear admiral (lower half)
and rear admiral in an active-status, are as follows:
‘‘Army ......................................................................................
207
‘‘Air Force ................................................................................
157
‘‘Navy .......................................................................................
‘‘Marine Corps .........................................................................
10.
‘‘(b) The following Army and Air Force reserve offi-
cers shall not be counted for purposes of this section:
‘‘(1) Those serving as adjutants general or as-
sistant adjutants general of a State.
‘‘(2) Those serving in the National Guard
Bureau.
‘‘(3) Those counted under section 526 of this
title.
162
‘‘(c)(1) The authorized strength of the Navy under
subsection (a) is exclusive of officers counted under section
526 of this title. Of the number authorized under sub-
section (a), 39 are distributed among the line and the staff
corps as follows:
‘‘Line ..............................................................................................
‘‘Medical Corps ...............................................................................
‘‘Chaplain Corps .............................................................................
‘‘Judge Advocate General’s Corps .................................................
‘‘Dental Corps ................................................................................
2.
‘‘Nurse Corps .................................................................................
1.
‘‘Medical Service Corps ..................................................................
1.
‘‘(2) The remaining authorizations for the Navy
under subsection (a) shall be distributed among such other
staff corps as are established by the Secretary of the Navy
under the authority provided by section 5150(b) of this
title, except that—
‘‘(A) if the Secretary has established a Supply
Corps, the authorized strength for the Supply Corps
shall be seven; and
‘‘(B) if the Secretary has established a Civil
Engineering Corps, the authorized strength for the
Civil Engineering Corps shall be two.
‘‘(3) Not more than 50 percent of the officers in an
active status authorized under this section for the Navy
may serve in the grade of rear admiral.
‘‘(d) The authorized strength of the Marine Corps
under subsection (a) is exclusive of those counted under
section 526 of this title.
163
‘‘(e)(1) A reserve general officer of the Army or Air
Force may not be reduced in grade because of a reduction
in the number of general officers authorized under
subsection (a).
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12005. Strength in grade: commissioned officers in
grades below brigadier general or rear
admiral (lower half) in an active status
‘‘(a)(1) Subject to paragraph (2), the authorized
strength of the Army and the Air Force in reserve commis-
sioned officers in an active status in each grade named
in paragraph (2) is as prescribed by the Secretary of the
Army or the Secretary of the Air Force, respectively. A
vacancy in any grade may be filled by an authorized ap-
pointment in any lower grade.
‘‘(2) A strength prescribed by the Secretary con-
cerned under paragraph (1) for a grade may not be higher
than the percentage of the strength authorized for the
Army or the Air Force, as the case may be, under section
12003 of this title that is specified for that grade as
follows:
164
Grade
Army per-
centage
Air Force
percentage
Colonel ......................................................................
1.8
Lieutenant colonel ....................................................
4.6
Major ........................................................................
14.0
Captain .....................................................................
32.0
First lieutenant and second lieutenant (when com-
bined with the number authorized for general of-
ficer grades under section 12004 of this title) .....
47.6
‘‘(b)(1) The authorized strengths of the Naval Re-
serve in line officers in an active status in the grades of
captain, commander, lieutenant commander, and lieuten-
ant, and in the grades of lieutenant (junior grade) and
ensign combined, are the following percentages of the total
authorized number of those officers:
‘‘Captain ...................................................................................
1.5 percent
‘‘Commander .............................................................................
percent
‘‘Lieutenant commander ...........................................................
percent
‘‘Lieutenant ..............................................................................
percent
‘‘Lieutenant (junior grade) and ensign (when combined with
the number authorized for flag officer grades under section
12004 of this title) ................................................................
32.5 percent.
‘‘(2) When the actual number of line officers in an
active status in any grade is less than the number author-
ized by paragraph (1) for that grade, the difference may
be applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(c)(1) The authorized strengths of the Marine Corps
Reserve in officers in an active status in the grades of
colonel, lieutenant colonel, major, and captain, and in the
grades of first lieutenant and second lieutenant combined,
are the following percentages of the total authorized num-
ber of those officers:
165
‘‘Colonel ....................................................................................
percent
‘‘Lieutenant colonel ..................................................................
percent
‘‘Major ......................................................................................
percent
‘‘Captain ...................................................................................
percent
‘‘First lieutenant and second lieutenant (when combined with
the number authorized for general officer grades under sec-
tion 12004 of this title) ........................................................
32.5 percent.
‘‘(2) When the actual number of officers in an active
status in any grade is less than the number authorized
by paragraph (1) for that grade, the difference may be
applied to increase the number authorized by that para-
graph for any lower grade or grades.
‘‘(d)(1) An officer of the Army or Air Force may not
be reduced in grade because of a reduction in the number
of commissioned officers authorized for the officer’s grade
under this section.
‘‘(2) An officer of the Naval Reserve or the Marine
Corps Reserve may not be reduced in permanent grade
because of a reduction in the number authorized by this
section for his grade.
‘‘§ 12006. Strength limitations: authority to waive in
time of war or national emergency
‘‘(a) In time of war, or of national emergency de-
clared by Congress or the President, the President may
suspend the operation of any provision of section 12003,
12004, or 12005 of this title. So long as any such war
or national emergency continues, any such suspension may
be extended by the President.
166
‘‘(b) Any suspension under subsection (a) shall, if not
sooner ended, end on the last day of the two-year period
beginning on the date on which the suspension (or the last
extension thereof) takes effect or on the last day of the
one-year period beginning on the date of the termination
of the war or national emergency, whichever occurs first.
With respect to the end of any such suspension, the pre-
ceding sentence supersedes the provisions of title II of the
National Emergencies Act (50 U.S.C. 1621, 1622) which
provide that powers or authorities exercised by reason of
a national emergency shall cease to be exercised after the
date of termination of the emergency.
‘‘§ 12007. Reserve officers of the Army: distribution
‘‘The Secretary of the Army shall distribute the num-
ber of reserve commissioned officers, other than commis-
sioned warrant officers, authorized in each commissioned
grade between those assigned to reserve units organized
to serve as units and those not assigned to such units.
The Secretary shall distribute the number who are as-
signed to reserve units organized to serve as units among
the units of each reserve component by prescribing appro-
priate tables of organization and tables of distribution.
The Secretary shall distribute the number who are not as-
signed to such units between—
‘‘(1) each special branch; and
167
‘‘(2) all other branches taken together.
‘‘§ 12008. Army Reserve and Air Force Reserve: war-
rant officers
‘‘The Secretary of the Army may prescribe the au-
thorized strength of the Army Reserve in warrant officers.
The Secretary of the Air Force may prescribe the author-
ized strength of the Air Force Reserve in warrant officers.
‘‘§ 12009. Army and Air Force reserve components:
temporary increases
‘‘(a) The authorized strength in any reserve grade,
as prescribed under this chapter, for any reserve compo-
nent under the jurisdiction of the Secretary of the Army
or the Secretary of the Air Force is automatically in-
creased to the minimum extent necessary to give effect
to each appointment made in that grade under section
1211(a), 3036, 14304(b), 14314, or 14317 of this title.
‘‘(b) An authorized strength so increased is increased
for no other purpose. While an officer holds that grade,
the officer whose appointment caused the increase is
counted for the purpose of determining when other ap-
pointments, not under those sections, may be made in that
grade.
168
‘‘§ 12010. Computations for Naval Reserve and Ma-
rine Corps Reserve: rule when fraction
occurs in final result
‘‘When there is a fraction in the final result of any
computation under this chapter for the Naval Reserve or
the Marine Corps Reserve, a fraction of one-half or more
is counted as one, and a fraction of less than one-half is
disregarded.
‘‘§ 12012. Authorized strengths: senior enlisted mem-
bers on active duty or on full-time Na-
tional Guard duty for administration of
the reserves or National Guard
‘‘(a) The number of enlisted members in pay grades
E–8 and E–9 who may be on active duty (other than for
training) or on full-time National Guard duty under the
authority of section 502(f) of title 32 (other than for train-
ing) as of the end of any fiscal year in connection with
organizing, administering, recruiting, instructing, or train-
ing the reserve components or the National Guard may
not exceed the number for that grade and armed force
in the following table:
‘‘Grade
Army
Navy
Air
Force
Marine
Corps
E–9 ............................................................
569
202
279
E–8 ............................................................
2,585
429
800
169
‘‘(b) Whenever the number of members serving in pay
grade E–9 for duty described in subsection (a) is less than
the number authorized for that grade under subsection
(a), the difference between the two numbers may be ap-
plied to increase the number authorized under such sub-
section for pay grade E–8.’’.
(2)(A) Section 524 is transferred to chapter 1201,
as added by paragraph (1), inserted after section 12010,
and redesignated as section 12011.
(B) The heading of that section is amended to read
as follows:
‘‘§ 12011. Authorized strengths: reserve officers on ac-
tive duty or on full-time National Guard
duty for administration of the reserves or
the National Guard’’.
(3) Chapter 531 and sections 3212, 3217 through
3225, 5454, 5456, 5457, 5458, 8212, and 8217 through
8225 are repealed.
(4) Section 517 is amended—
(A) by striking out subsection (b); and
(B) by redesignating subsection (c) as sub-
section (b) and in that subsection striking out ‘‘or
whenever’’ and all that follows through ‘‘under sub-
section (b),’’.
170
(b) ENLISTMENTS.—(1) Part II of subtitle E, as
added by subsection (a), is amended by adding after chap-
ter 1201 (as added by subsection (a)), the following:
‘‘CHAPTER 1203—ENLISTED MEMBERS
‘‘Sec.
‘‘12101. Definition.
‘‘12102. Reserve components: qualifications.
‘‘12103. Reserve components: terms.
‘‘12104. Reserve components: transfers.
‘‘12105. Army Reserve and Air Force Reserve: transfer from Guard compo-
nents.
‘‘12106. Army and Air Force Reserve: transfer to upon withdrawal as member
of National Guard.
‘‘12107. Army National Guard of United States; Air National Guard of the
United States: enlistment in.
‘‘§ 12101. Definition
‘‘In this chapter, the term ‘enlistment’ means original
enlistment or reenlistment.
‘‘§ 12105. Army Reserve and Air Force Reserve: trans-
fer from Guard components
‘‘(a) Under such regulations as the Secretary con-
cerned may prescribe—
‘‘(1) an enlisted member of the Army National
Guard of the United States may be transferred in
grade to the Army Reserve; and
‘‘(2) an enlisted member of the Air National
Guard of the United States may be transferred in
grade to the Air Force Reserve.
‘‘(b) Upon such a transfer, the member transferred
is eligible for promotion to the highest regular or reserve
grade ever held by him in the Army, if transferred under
171
subsection (a)(1), or the Air Force, if transferred under
subsection (a)(2), if his service has been honorable.
‘‘(c) A transfer under this section may only be made
with the consent of the governor or other appropriate au-
thority of the State concerned.
‘‘§ 12106. Army and Air Force Reserve: transfer to
upon withdrawal as member of National
Guard
‘‘(a) An enlisted member of the Army National Guard
of the United States who ceases to be a member of the
Army National Guard becomes a member of the Army Re-
serve unless he is also discharged from his enlistment as
a Reserve.
‘‘(b) An enlisted member of the Air National Guard
of the United States who ceases to be a member of the
Air National Guard becomes a member of the Air Force
Reserve unless he is also discharged from his enlistment
as a Reserve.
‘‘(c) An enlisted member who becomes a member of
the Army Reserve or the Air Force Reserve under this
section ceases to be a member of the Army National
Guard of the United States or the Air National Guard
of the United States, as the case may be.
172
‘‘§ 12107. Army National Guard of United States; Air
National Guard of the United States: en-
listment in
‘‘(a) Except as provided in subsection (c), to become
an enlisted member of the Army National Guard of the
United States or the Air National Guard of the United
States, a person must—
‘‘(1) be enlisted in the Army National Guard or
the Air National Guard, as the case may be;
‘‘(2) subscribe to the oath set forth in section
304 of title 32; and
‘‘(3) be a member of a federally recognized unit
or organization of the Army National Guard or the
Air National Guard, as the case may be, in the
grade in which he is to be enlisted as a Reserve.
‘‘(b)(1) Under regulations to be prescribed by the
Secretary of the Army, a person who enlists in the Army
National Guard, or whose term of enlistment in the Army
National Guard is extended, shall be concurrently enlisted,
or his term of
enlistment
shall
be
concurrently
ex-
tended, as the case may be, as a Reserve of the Army
for service in the Army National Guard of the United
States.
‘‘(2) Under regulations to be prescribed by the Sec-
retary of the Air Force, a person who enlists in the Air
National Guard, or whose term of enlistment in the Air
173
National Guard is extended, shall be concurrently enlisted,
or his term of enlistment shall be concurrently extended,
as the case may be, as a Reserve of the Air Force for
service in the Air National Guard of the United States.
‘‘(c)(1) A member of the Army Reserve who enlists
in the Army National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Army National Guard, becomes a member of the
Army National Guard of the United States and ceases to
be a member of the Army Reserve.
‘‘(2) A member of the Air Force Reserve who enlists
in the Air National Guard in his reserve grade, and is
a member of a federally recognized unit or organization
of the Air National Guard, becomes a member of the Air
National Guard of the United States and ceases to be a
member of the Air Force Reserve.’’.
(2) Sections 510 (as amended by section 201(a)),
511, and 512 are transferred to chapter 1203, as added
by paragraph (1), inserted after section 12101, and redes-
ignated as follows:
Redesignated
Section
section
510 ....................................................................................
12102
511 ....................................................................................
12103
512 ....................................................................................
12104
(3) The following sections are repealed: sections
3259, 3260, 3261, 8259, 8260, and 8261.
174
(c) APPOINTMENT OF OFFICERS.—(1) Part II of sub-
title E, as added by subsection (a), is further amended
by adding after chapter 1203 (as added by subsection (b))
the following:
‘‘CHAPTER 1205—APPOINTMENT OF RESERVE
OFFICERS
‘‘Sec.
‘‘12201. Qualifications for appointment.
‘‘12202. Commissioned officer grades.
‘‘12203. Commissioned officers: appointment, how made; term.
‘‘12204. Commissioned officers: original appointment; limitation.
‘‘12205. Commissioned officers: appointment; educational requirement.
‘‘12206. Commissioned officers: appointment of former commissioned officers.
‘‘12207. Commissioned officers: service credit upon original appointment.
‘‘12208. Officers: appointment upon transfer.
‘‘12209. Officer candidates: enlisted Reserves.
‘‘12210. Attending Physician to the Congress: reserve grade while so serving.
‘‘12211. Officers: Army National Guard of United States.
‘‘12212. Officers: Air National Guard of United States.
‘‘12213. Officers; Army Reserve: transfer from Army National Guard of United
States.
‘‘12214. Officers; Air Force Reserve: transfer from Air National Guard of Unit-
ed States.
‘‘12215. Commissioned officers: reserve grade of adjutants general and assistant
adjutants general.
‘‘§ 12215. Commissioned officers: reserve grade of ad-
jutants general and assistant adjutants
general
‘‘(a) The adjutant general or an assistant adjutant
general of the Army National Guard of a State may, upon
being extended Federal recognition, be appointed as a re-
serve officer of the Army as of the date on which he is
so recognized.
‘‘(b) The adjutant general or an assistant adjutant
general of the Air National Guard of a State may be ap-
175
pointed in the reserve commissioned grade in which Fed-
eral recognition in the Air National Guard is extended to
him.’’.
(2) Sections 591 (as amended by section 201(b)),
592, 593 (as amended by section 202), 594, 596, 596a
(as added by section 203), 596b (as added by section 204),
and 595 are transferred (in that order) to chapter 1205,
as added by paragraph (1), inserted after the table of sec-
tions, and redesignated as follows:
Redesignated
Section
section
591 ....................................................................................
12201
592 ....................................................................................
12202
593 ....................................................................................
12203
594 ....................................................................................
12204
596 ....................................................................................
12205
596a (as added by section 203) ........................................
12206
596b (as added by section 204) ........................................
12207
595 ....................................................................................
12208
(3) Sections 600, 600a, 3351, 8351, 3352 (as amend-
ed by section 206(a)), and 8352 are transferred (in that
order) to chapter 1205, as added by paragraph (1), in-
serted after section 12208, and redesignated as follows:
Redesignated
Section
section
600 ....................................................................................
12209
600a ..................................................................................
12210
3351 ..................................................................................
12211
8351 ..................................................................................
12212
3352 ..................................................................................
12213
8352 ..................................................................................
12214
(d) WARRANT OFFICERS.—(1) Part II of subtitle E,
as added by subsection (a), is further amended by adding
176
after chapter 1205 (as added by subsection (c)) the
following:
‘‘CHAPTER 1207—WARRANT OFFICERS
‘‘Sec.
‘‘12241. Warrant officers: grades; appointment, how made; term.
‘‘12242. Warrant officers: promotion.
‘‘12243. Warrant officers: suspension of laws for promotions or mandatory re-
tirement or separation during war or emergency.’’.
(2) Sections 597, 598, and 599 are transferred to
chapter 1207, as added by paragraph (1), inserted after
the table of sections, and redesignated as follows:
Redesignated
Section
section
597 ....................................................................................
12241
598 ....................................................................................
12242
599 ....................................................................................
12243
(3) Chapter 34 is amended to read as follows:
‘‘CHAPTER 34—APPOINTMENTS AS RESERVE
OFFICERS
‘‘Sec.
‘‘591. Reference to chapters 1205 and 1207.
‘‘§ 591. Reference to chapters 1205 and 1207
‘‘Provisions of law relating to appointments of reserve
officers other than warrant officers are set forth in chap-
ter 1205 of this title (beginning with section 12201). Pro-
visions of law relating to appointments and promotion of
reserve warrant officers are set forth in chapter 1207 (be-
ginning with section 12241).’’.
(e) ACTIVE DUTY.—(1) Part II of subtitle E, as
added by subsection (a), is further amended by adding