10 U.S.C. § 14002
10 U.S.C. § 14002
EDITORIAL NOTES
AMENDMENTS2006-Subsec. (b). Pub. L. 109-163 substituted "Navy Reserve" for "Naval Reserve".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103-337, set out as a note under section 10001 of this title.
ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST Pub. L. 103-337, div. A, title XVI, §1686, Oct. 5, 1994, 108 Stat. 3024, provided that:"(a) SIX-MONTH DEADLINE.-Not later than six months after the effective date of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title], the Secretary of the military department concerned shall ensure that-"(1) all officers of the Army, Navy, Air Force, and Marine Corps who are required to be placed on the reserve active-status list of their Armed Force under section 14002 of title 10, United States Code, as added by this title, shall be placed on the list for their armed force and in their competitive category; and"(2) the relative seniority of those officers on each such list shall be established."(b) REGULATIONS.-The Secretary concerned shall prescribe regulations for the establishment of relative seniority. The Secretary of the Army and the Secretary of the Air Force shall, in prescribing such regulations, provide for the consideration of both promotion service established under section 3360(b) or 8360(e) of title 10, United States Code, as in effect on the day before the effective date of this title, and total commissioned service established under section 3360(c) or 8366(e) of such title, as in effect on the day before the effective date of this title. An officer placed on a reserve active-status list in accordance with this section shall be considered to have been on the list as of the effective date of this title."
PRESERVATION OF RELATIVE SENIORITY UNDER INITIAL ESTABLISHMENT OF RESERVE ACTIVE-STATUS LIST Pub. L. 103-337, div. A, title XVI, §1687, Oct. 5, 1994, 108 Stat. 3025, provided that: "In order to maintain the relative seniority among reserve officers of the Army, Navy, Air Force, or Marine Corps as determined under section 1686 [set out above], the Secretary of the military department concerned may, during the one-year period beginning on the effective date of this title [Oct. 1, 1996, see section 1691(b)(1), (2) of Pub. L. 103-337, set out as an Effective Date note under section 10001 of this title], adjust the date of rank of any reserve officer of such Armed Force who was in an active status but not on the active-duty list on such effective date."
- Air National Guard of the United States
- The term "Air National Guard of the United States" means the reserve component of the Air Force all of whose members are members of the Air National Guard.
- Army National Guard of the United States
- The term "Army National Guard of the United States" means the reserve component of the Army all of whose members are members of the Army National Guard.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active status
- The term "active status" means the status of a member of a reserve component who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.
- active-duty list
- The term "active-duty list" means a single list for the Army, Navy, Air Force, Marine Corps, or Space Force (required to be maintained under section 620 of this title) which contains the names of all officers of that armed force, other than officers described in section 641 of this title, who are serving on active duty.
- officer
- The term "officer" means a commissioned or warrant officer.
- rank
- The term "rank" means the order of precedence among members of the armed forces.