10 U.S.C. § 14308
10 U.S.C. § 14308
EDITORIAL NOTES
PRIOR PROVISIONSProvisions similar to those in subsecs. (a), (d), and (f) of this section were contained in sections 3385, 5902(a) to (c), and 8374 of this title, prior to repeal by Pub. L. 103-337, §1629(a)(1), (b)(2), (c)(1).
AMENDMENTS2023-Subsec. (c)(3), (4). Pub. L. 118-31 added par. (3) and redesignated former par. (3) as (4). 2022-Subsec. (f)(2). Pub. L. 117-263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion." 2019-Subsec. (a). Pub. L. 116-92 inserted "or based on particular merit, as determined by the promotion board" after "reserve active-status list".2018-Subsec. (f)(1). Pub. L. 115-232, §518(a)(1), which directed amendment of subsec. (f) by inserting "(1)" before "The effective date of promotion", was executed by making the insertion before "The effective date of a promotion" to reflect the probable intent of Congress.Subsec. (f)(2). Pub. L. 115-232, §518(a)(2), added par. (2).2015-Subsec. (b)(4)(E). Pub. L. 114-92 added subpar. (E). 2006-Subsec. (a). Pub. L. 109-364 inserted at end "A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence."2001-Subsec. (b)(4). Pub. L. 107-107, §505(b)(1), added par. (4).Subsec. (c)(2). Pub. L. 107-107, §506(b)(1)(B), added par. (2). Former par. (2) redesignated (3).Subsec. (c)(3). Pub. L. 107-107, §506(b)(1)(A), (2), redesignated par. (2) as (3) and inserted "provided in paragraph (2) or as otherwise" after "Except as".1997-Subsec. (e)(2). Pub. L. 105-85, §514(c)(1), inserted "a grade below colonel in" after "an officer in".Subsec. (g). Pub. L. 105-85, §514(c)(2), inserted "or the Air Force" after "A reserve officer of the Army", substituted "in the Army Reserve or the Air Force Reserve, as the case may be, in that grade" for "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", and struck out at end "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 promotion board may be promoted to that grade only to fill a vacancy in the Air Force Reserve in that grade."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-232, div. A, title V, §518(b), Aug. 13, 2018, 132 Stat. 1754, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to promotions of officers whose State effective date is on or after that date."
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-364 effective Oct. 17, 2006, and applicable with respect to officers on promotion lists established on or after such date, see section 511(e) of Pub. L. 109-364, set out as a note under section 624 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT Subsec. (c)(2) of this section applicable with respect to any report of a selection board recommending officers for promotion to the next higher grade that is submitted to the Secretary of the military department concerned on or after Dec. 28, 2001, and Secretary of the military department concerned may apply subsec. (c)(2) of this section in the case of an appointment of an officer to a higher grade resulting from a report of a selection board submitted to the Secretary before Dec. 28, 2001, if the Secretary determines that such appointment would have been made on an earlier date that is on or after Oct. 1, 2001, and was delayed under the circumstances specified in section 741(d)(4) of this title, see section 506(c) of Pub. L. 107-107, set out as a note under section 741 of this title.
EFFECTIVE DATESection 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.
- Air National Guard
- The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Army National Guard
- The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- National Guard
- The term "National Guard" means the Army National Guard and the Air 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-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.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- general officer
- The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- rank
- The term "rank" means the order of precedence among members of the armed forces.