§ 14313 TITLE 10—ARMED FORCES Page 2436 which shall be effective on the date of accept- § 14314. Army and Air Force commissioned offi- ance. Such an acceptance of a promotion shall cers: generals ceasing to occupy positions be made in accordance with regulations pre- commensurate with grade; State scribed under this section. general (c) EFFECT OF DECLINING A PROMOTION.—An of- ficer’s name shall be removed from the pro- (a) GENERAL OFFICERS.—Within 30 days after a motion list and, if the officer is serving in a reserve officer of the Army or the Air Force on grade below colonel or, in the case of the Navy, the reserve active-status list in a captain, the officer shall be considered to have grade ceases to occupy a position commensurate failed of selection for promotion if any of the with that grade (or commensurate with a higher following applies: grade), the Secretary concerned shall transfer or (1) The Secretary concerned has not author- discharge the officer in accordance with which- ized voluntary delays of promotion under sub- ever of the following the officer elects: section (a) to the grade concerned and the offi- (1) Transfer the officer in grade to the Re- cer declines to accept an appointment to a tired Reserve, if the officer is qualified and ap- higher grade. plies for the transfer. (2) The Secretary concerned has authorized (2) Transfer the officer in grade to the inac- voluntary delays of promotion under sub- tive status list of the Standby Reserve, if the section (a), but has denied the request of the officer is qualified. officer for a delay of promotion and the officer (3) Discharge the officer from the officer’s then declines to accept an appointment to a reserve appointment and, if the officer is higher grade. qualified and applies therefor, appoint the offi- (3) The Secretary concerned has approved cer in the reserve grade held by the officer as the request of an officer for a delay of pro- a reserve officer before the officer’s appoint- motion and, upon the end of the period of ment in a general officer grade. delay authorized in accordance with regula- (4) Discharge the officer from the officer’s tions prescribed under subsection (a), the offi- reserve appointment. cer then declines to accept an appointment to (b) ADJUTANTS GENERAL.—If a reserve officer a higher grade. who is federally recognized in the Army Na- (Added Pub. L. 103–337, div. A, title XVI, § 1611, tional Guard or the solely Oct. 5, 1994, 108 Stat. 2941.) because of the officer’s appointment as § 14313. Authority to vacate promotions to grade general or assistant adjutant general of a State of or rear (lower ceases to occupy that position, the Secretary half) concerned, not later than 30 days after the date on which the officer ceases to occupy that posi- (a) AUTHORITY.—The President may vacate the tion, shall— appointment of a reserve officer to the grade of (1) withdraw that officer’s Federal recogni- brigadier general or (lower half) if tion; and the period of time during which the officer has (2) require that the officer— served in that grade after promotion to that (A) be transferred in grade to the Retired grade is less than 18 months. Reserve, if the officer is qualified and applies (b) EFFECT OF PROMOTION BEING VACATED.—Ex- for the transfer; cept as provided in subsection (c), an officer (B) be discharged from the officer’s reserve whose promotion to the grade of brigadier gen- appointment and appointed in the reserve eral is vacated under this section holds the grade held by the officer as a reserve officer grade of colonel as a reserve of the armed force immediately before the appointment of that of which the officer is a member. An officer officer as adjutant general or assistant adju- whose promotion to the grade of rear admiral tant general, if the officer is qualified and (lower half) is vacated under this section holds applies for that appointment; or the grade of captain in the Navy Reserve. Upon (C) be discharged from the officer’s reserve assuming the lower grade, the officer shall have appointment. the same position on the reserve active-status list as the officer would have had if the officer (c) CREDIT FOR SERVICE IN GRADE.—An officer had not served in the higher grade. who is appointed under subsection (a)(3) or (c) SPECIAL RULE FOR OFFICERS SERVING AS (b)(2)(B) shall be credited with an amount of ADJUTANT GENERAL.—In the case of an officer service in the grade in which appointed that is serving as an adjutant general or assistant adju- equal to the amount of prior service in an active tant general whose promotion to the grade of status in that grade and in any higher grade. brigadier general is vacated under this section, (Added Pub. L. 103–337, div. A, title XVI, § 1611, the officer then holds the reserve grade held by Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. that officer immediately before the officer’s ap- 104–201, div. A, title V, § 544(c), Sept. 23, 1996, 110 pointment as adjutant general or assistant adju- Stat. 2523.) tant general. PRIOR PROVISIONS (Added Pub. L. 103–337, div. A, title XVI, § 1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. Provisions similar to those in this section were con- 109–163, div. A, title V, § 515(b)(1)(SS), Jan. 6, tained in sections 3375, 8375, and 8381 of this title, prior 2006, 119 Stat. 3234.) to repeal by Pub. L. 103–337, § 1629(a)(1), (c)(1).

AMENDMENTS AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 substituted ‘‘Navy 1996—Subsec. (b)(2)(B). Pub. L. 104–201 struck out ‘‘of Reserve’’ for ‘‘Naval Reserve’’. the Air Force’’ after ‘‘reserve officer’’.