IIA
103D CONGRESS
1ST SESSION
H. R. 1040
IN THE SENATE OF THE UNITED STATES
MAY 13 (legislative day, APRIL 19), 1993
Received; read twice and referred to the Committee on Armed Services
AN ACT
To amend title 10, United States Code, to revise and stand-
ardize the provisions of law relating to appointment,
promotion, and separation of commissioned officers of
the reserve components of the Armed Forces, to consoli-
date in a new subtitle the provisions of law relating
to the reserve components, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Reserve Officer Personnel Management Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 10, United States Code.
TITLE I—RESERVE OFFICER PERSONNEL MANAGEMENT
PART A—REVISED AND STANDARDIZED RESERVE OFFICER PERSONNEL
SYSTEM
Sec. 101. Promotion and retention of reserve officers.
PART B—CONFORMING AMENDMENTS
Sec. 111. Definition of reserve active-status list.
Sec. 112. Authority to suspend officer personnel laws during war or national
emergency.
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.
Sec. 114. Applicability of chapter 36 to reserve officers during war or national
emergency.
Sec. 115. Grade in which reserve officers are ordered to active duty.
Sec. 116. Date of rank.
Sec. 117. Discharge before completion of required service in case of officers
having twice failed of selection for captain or navy lieutenant.
Sec. 118. Conforming amendments relating to Navy and Marine Corps officers.
Sec. 119. Repeal of reserve officer personnel policy laws.
Sec. 120. Amendments to title 32, United States Code.
TITLE II—OTHER PERSONNEL POLICY AMENDMENTS
PART A—APPOINTMENTS
Sec. 201. Repeal of separate authority for accession of women in reserve com-
ponents.
Sec. 202. Appointment authority for reserve grades of lieutenant colonel and
commander.
Sec. 203. Appointment of former commissioned officers in reserve components.
Sec. 204. Constructive credit for appointment of officers in reserve components
with qualifying education or experience.
Sec. 205. Computation of years of service for transfer of Army officers to Re-
tired Reserve.
Sec. 206. Repeal of miscellaneous obsolete appointment authorities.
PART B—RETIREMENT AND SEPARATION
Sec. 221. Computation of highest grade in which satisfactorily served for re-
serve commissioned officers and former officers.
PART C—OTHER AMENDMENTS
Sec. 241. Tenure in office of Chief of National Guard Bureau.
Sec. 242. Right to reenlist in Regular Army or Regular Air Force after service
as an officer.
TITLE III—REORGANIZATION AND CONSOLIDATION OF LAWS
RELATING TO RESERVE COMPONENTS
Sec. 301. Laws relating to organization and administration of reserve compo-
nents.
Sec. 302. Laws relating to reserve component personnel policy.
Sec. 303. Laws relating to reserve component training and educational assist-
ance programs.
Sec. 304. Laws relating to reserve component procurement and equipment.
Sec. 305. Legislative construction.
TITLE IV—TECHNICAL AND CLERICAL AMENDMENTS
Sec. 401. Amendments to subtitle A of title 10, United States Code.
Sec. 402. Amendments to subtitle B of title 10, United States Code.
Sec. 403. Amendments to subtitle C of title 10, United States Code.
Sec. 404. Amendments to subtitle D of title 10, United States Code.
Sec. 405. Amendments to subtitle E of title 10, United States Code.
Sec. 406. Amendments to titles 32 and 37, United States Code.
Sec. 407. Amendments to other laws.
TITLE V—TRANSITION PROVISIONS
Sec. 501. Continuation on the reserve active-status list of certain reserve colo-
nels of the Army and Air Force.
Sec. 502. Effects of selection for promotion and failure of selection for Army
and Air Force officers.
Sec. 503. Effects of selection for promotion and failure of selection for Navy
and Marine Corps officers.
Sec. 504. Delays in promotions and removals from promotion list.
Sec. 505. Minimum service qualifications for promotion.
Sec. 506. Establishment of reserve active-status list.
Sec. 507. Preservation of relative seniority under the initial establishment of
the reserve active-status list.
Sec. 508. Grade on transfer to the Retired Reserve.
Sec. 509. Rights for officers with over three years service.
Sec. 510. Mandatory separation for age for certain reserve officers of the Navy
and Marine Corps.
TITLE VI—EFFECTIVE DATES AND GENERAL SAVINGS
PROVISIONS
Sec. 601. Effective dates.
Sec. 602. Preservation of suspended status of laws suspended as of effective
date.
Sec. 603. Preservation of preexisting rights, duties, penalties, and proceedings.
SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 10, United States Code.
TITLE I—RESERVE OFFICER PERSONNEL
MANAGEMENT
PART A—REVISED AND STANDARDIZED RESERVE
OFFICER PERSONNEL SYSTEM
SEC. 101. PROMOTION AND RETENTION OF RESERVE OFFI-
CERS.
Title 10, United States Code, is amended by adding
at the end the following new subtitle:
‘‘Subtitle E—Reserve Components
‘‘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
‘‘PART II—PERSONNEL GENERALLY
‘‘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
‘‘PART III—PROMOTION AND RETENTION OF OFFICERS ON THE
RESERVE ACTIVE-STATUS LIST
‘‘1401. Applicability and Reserve Active-Status Lists .............................
14001
‘‘1403. Selection Boards ..........................................................................
14101
‘‘§ 14006. Determination of years in grade
‘‘For the purpose of chapters 1403 through 1411 of
this title, an officer’s years of service in a grade are com-
puted from the officer’s date of rank in grade as deter-
mined under section 741(d) of this title.
‘‘CHAPTER 1403—SELECTION BOARDS
‘‘Sec.
‘‘14101. Convening of selection boards.
‘‘14102. Selection boards: appointment and composition.
‘‘14103. Oath of members.
‘‘14104. Confidentiality of board proceedings.
‘‘14105. Notice of convening of selection board.
‘‘14106. Communication with board by officers under consideration.
‘‘14107. Information furnished by the Secretary concerned to promotion boards.
‘‘14108. Recommendations by promotion boards.
‘‘14109. Reports of promotion boards: in general.
‘‘14110. Reports of promotion boards: review by Secretary.
‘‘14111. Reports of selection boards: transmittal to President.
‘‘14112. Dissemination of names of officers selected.
‘‘§ 14101. Convening of selection boards
‘‘(a) PROMOTION BOARDS.—(1) Whenever the needs
of the Army, Navy, Air Force, or Marine Corps require,
the Secretary concerned shall convene a selection board
to recommend for promotion to the next higher grade,
under chapter 1405 of this title, officers on the reserve
active-status list of that armed force in a permanent grade
from first lieutenant through brigadier general or, in the
case of the Naval Reserve, lieutenant (junior grade)
through rear admiral (lower half). A selection board con-
vened under this subsection shall be known as a ‘pro-
motion board’.
‘‘(2) A promotion board convened to recommend re-
serve officers of the Army or reserve officers of the Air
Force for promotion (A) to fill a position vacancy under
section 14315 of this title, or (B) to the grade of brigadier
general or major general, shall (except in the case of a
board convened to consider officers as provided in section
14301(e) of this title) be known as a ‘vacancy promotion
board’. Any other promotion board convened under this
subsection shall be known as a ‘mandatory promotion
board’.
‘‘(b) CONTINUATION BOARDS.—Whenever the needs
of the Army, Navy, Air Force, or Marine Corps require,
the Secretary concerned may convene a selection board to
recommend officers of that armed force—
‘‘(1) for continuation on the reserve active-sta-
tus list under section 14701 of this title;
‘‘(2) for selective early removal from the reserve
active-status list under section 14704 of this title; or
‘‘(3) for selective early retirement under section
14705 of this title.
A selection board convened under this subsection shall be
known as a ‘continuation board’.
‘‘§ 14102. Selection boards: appointment and com-
position
‘‘(a) APPOINTMENT.—Members of selection boards
convened under section 14101 shall be appointed by the
Secretary of the military department concerned in accord-
ance with this section. Promotion boards and special selec-
tion boards shall consist of five or more officers. Continu-
ation boards shall consist of three or more officers. All
of the officers of any such selection board shall be of the
same armed force as the officers under consideration by
the board.
‘‘(b) COMPOSITION.—At least one-half of the mem-
bers of such a selection board shall be reserve officers, to
include at least one reserve officer from each reserve com-
ponent from which officers are to be considered by the
board. Each member of a selection board must hold a per-
manent grade higher than the grade of the officers under
consideration by the board, and no member of a board
may hold a grade below major or lieutenant commander.
‘‘(c) REPRESENTATION
OF
COMPETITIVE
CAT-
EGORIES.—(1) Except as provided in paragraph (2), a se-
lection board shall include at least one officer from each
competitive category of officers to be considered by the
board.
‘‘(2) A selection board need not include an officer
from a competitive category to be considered by the board
if there is no officer of that competitive category on the
reserve active-status list or the active-duty list in a perma-
nent grade higher than the grade of the officers to be con-
sidered by the board and otherwise eligible to serve on the
board. However, in such a case, the Secretary of the mili-
tary department concerned, in his discretion, may appoint
as a member of the board a retired officer of that competi-
tive category who is in the same armed force as the offi-
cers under consideration by the board who holds a higher
grade than the grade of the officers under consideration.
‘‘(d) PROHIBITION OF SERVICE ON CONSECUTIVE
PROMOTION BOARDS.—No officer may be a member of
two successive promotion boards convened under section
14101(a) of this title for the consideration of officers of
the same competitive category and grade if the second of
the two boards is to consider any officer who was consid-
ered and not recommended for promotion to the next
higher grade by the first of the two boards.
‘‘§ 14103. Oath of members
‘‘Each member of a selection board convened under
section 14101 of this title shall take an oath to perform
the duties of a member of the board without prejudice or
partiality, having in view both the special fitness of offi-
cers and the efficiency of the member’s armed force.
‘‘§ 14104. Confidentiality of board proceedings
‘‘Except as otherwise authorized or required by law,
the proceedings of a selection board convened under sec-
tion 14101 of this title may not be disclosed to any person
not a member of the board.
‘‘§ 14105. Notice of convening of promotion board
‘‘(a) REQUIRED NOTICE.—At least 30 days before a
promotion board is convened under section 14101(a) of
this title to consider officers in a grade and competitive
category for promotion to the next higher grade, the Sec-
retary concerned shall either (1) notify in writing the offi-
cers eligible for consideration by the board for promotion
regarding the convening of the board, or (2) issue a gen-
eral written notice to the armed force concerned regarding
the convening of the board.
‘‘(b) CONTENT OF NOTICE.—A notice under sub-
section (a) shall include the date on which the board is
to convene and (except in the case of a vacancy promotion
board) the name and date of rank of the junior officer,
and of the senior officer, in the promotion zone as of the
date of the notice.
‘‘§ 14106. Communication with board by officers
under consideration
‘‘Subject to regulations prescribed by the Secretary
of the military department concerned, an officer eligible
for consideration by a promotion board convened under
section 14101(a) of this title who is in the promotion zone
or above the promotion zone, or who is to be considered
by a vacancy promotion board, may send a written com-
munication to the board calling attention to any matter
concerning the officer which the officer considers impor-
tant to the officer’s case. Any such communication shall
be sent so as to arrive not later than the date on which
the board convenes. The board shall give consideration to
any timely communication under this section.
‘‘§ 14107. Information furnished by the Secretary con-
cerned to promotion boards
‘‘(a) INTEGRITY
OF
THE PROMOTION SELECTION
BOARD PROCESS.—(1) The Secretary of Defense shall
prescribe regulations governing information furnished to
selection boards convened under section 14101(a) of this
title. Those regulations shall apply uniformly among the
military departments. Any regulations prescribed by the
Secretary of a military department to supplement those
regulations may not take effect without the approval of
the Secretary of Defense in writing.
‘‘(2) No information concerning a particular eligible
officer may be furnished to a selection board except for
the following:
‘‘(A) Information that is in the officer’s official
military personnel file and that is provided to the se-