10-U.S.C.-14314
§14314 – Army and Air Force Commissioned officers: Generals Ceasing to Occupy Positions Commensurate With Grade; State Adjutants General
Pathway
Title 10 > Subtitle E > Part III > Chapter 1405 > Section 14314
Details
- Reference: Section 14314
- Legend: §14314 – Army and Air Force Commissioned officers: Generals Ceasing to Occupy Positions Commensurate With Grade; State Adjutants General
- USCode Year: 2013
Provision Content
(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 occupy a position commensurate with that grade (or commensurate 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 Retired Reserve, if the officer is qualified and applies for the transfer.
(2) Transfer the officer in grade to the inactive status list of the Standby Reserve, if the officer is qualified.
(3) Discharge the officer from the officers reserve 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 officers appointment in a general officer grade.
(4) Discharge the officer from the officers 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 officers appointment as adjutant general or assistant adjutant general of a State ceases to occupy that position, the Secretary concerned, not later than 30 days after the date on which the officer ceases to occupy that position, shall—
(1) withdraw that officers Federal recognition; 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 officers reserve appointment and appointed in the reserve grade held by the officer as a reserve officer immediately before the appointment of that officer as adjutant general or assistant adjutant general, if the officer is qualified and applies for that appointment; or
(C) be discharged from the officers reserve 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.
(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2942; amended Pub. L. 104–201, div. A, title V, §544(c), Sept. 23, 1996, 110 Stat. 2523.)
Prior Provisions
Provisions similar to those in this section were contained in sections 3375, 8375, and 8381 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (c)(1).
Amendments
1996—Subsec. (b)(2)(B). Pub. L. 104–201 struck out of the Air Force after reserve officer.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-14305 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-14305, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-14303 in the Legal Encyclopedia: Reserve Active Status List
In this entry about 10-U.S.C.-14303, find legal reference material, bibliographies and premiere content related to reserve active status list in the American Encyclopedia of Law, presenting a comprehensive view of the United States reserve active status list-specific issues, written by authorities in the field.
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